Dopt Notification : Fundamental (First Amendment) Rules, 2014

Dopt Notification : Fundamental (First Amendment) Rules, 2014 Fundamental (First Amendment) Rules, 2014  MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training ) NOTIFICATION New Delhi, the 17th January, 2014 G.S.R. 27(E).- In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :- 1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014.  (2) They shall came into force on the date of their publication in the Official Gazette. 2. In the Fundamental Rule, 1922, in rule 56, - (a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely : “(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,- (i) the Government servant is under suspension: or (ii) a charge sheet has been issued and the disciplinary proceedings are pending; or (iii) if judicial proceedings on charges which may amount to grave misconduct, are pending_ Explanation :– For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”; (b) for clause (m), the following shall be substituted, namely :- “(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service : Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”; (i) the Government servant is under suspension; or (ii) a charge sheet has been issued and the disciplinary proceedings are pending; or (iii) if judicial proceedings on charges which may amount to grave misconduct, are pending. Explanation :-For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”; [No. 2501313/2010-Estt. (A-IV)] MAMTA KUNDRA, Jt. Secy. Source: www.persmin.nic.in [http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf]

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All the three Defence Federations will go on Indefinite Strike from 17-2-2014

All the three Defence Federations will go on Indefinite Strike from 17-2-2014 In a meeting held on 28-1-2014, all the three recognised Defence federations AIDEF, INDWF and BPMS have decided to go on Indefinite strike from 17-2-2014. INDWF informed in its blog about the decision   taken by three federations on indefinite Strike on  Charter of Demands to be settled.  INTUC INDIAN NATIONAL DEFENCE WORKERS FEDERATION   INDWF/Strike/3001/2014 Dt. 28.01.2014 To All Affiliated Unions of INDWF Office Bearers & Working Committee Meeting of INDWF Sub. : Indefinite Strike Dear Colleagues, Three Recognised Defence Federations (INDWF, AIDEF & BPMS) have jointly decided and issued a Joint Declaration on 19.09.2013 to call for a Joint Agitation by the Defence Civilian Employees including of a indefinite strike. Notice of the Joint Declaration was sent to Defence Secretary Dt. 19.09.2013 alongwith the charter demands. The Joint Declaration and the programme of action together with the charter of demands was sent to all our affiliated unions for conducting Strike Ballot. Accordingly strike ballot was conducted by our affiliated unions as per our programme on 19.12.2013 and reports were sent to the Federation HQrs. It has been observed as per reports that more than 98% of the Defence Civilian Employees all over the country have voted in favour of the indefinite strike as the demands are very much genuine and long pending. After receiving the reports of the strike ballot, we have sent further intimation to the secretary, Ministry of Defence that the majority employees have supported the strike and the Ministry of Defence should settle the problems forth with failing which, the Defence Civilian Employees will go on indefinite strike and the date for strike will be intimated. Three recognized Federation have met at New Delhi on 27.01.2014 and noted with serious concern that even after more than 4 month after forwarding the Joint Declaration alongwith charter of demands, there is no progress in settlement of the issues pertaining to Defence Civilian Employees and the Govt. has not taken any step forward for a negotiated settlement/Agreement on the charter of demands. Considering the negative attitude of the Government and Ministry of Defence towards the demands of the Defence Civilian Employees and its negligence, three Federations have decided in the meeting held on 27.01.2014 at New Delhi to organize Defence Civilian Employees for an indefinite strike starting from 17.02.2014 from 0600 AM in support of the following charter of demands. The meeting also calls upon the affiliated unions of the three Federations to jointly mobilize the Defence Workers by various agitational programmes during the period of serving strike notice on 03.07.2014 and make the strike a grand success. The meeting also appeals to the CDRA, its affiliates and all other trade unions and associations functioning in the Defence Establishments to join the indefinite strike in the interest of unity of the Defence Employees and also realize the out standing demands of the Defence Civilian Employees. Serving Strike Notice by Individual Affiliated Unions on 03.02.2014 Indefinite Strike Commencing from 17.02.2014. 6.00 A.M. CHARTER OF DEMANDS Demands on Service Matters :- 1) Grant of 2nd / 3rd MACP in Grade Pay Rs. 4600/- to the Artisan Staff of Defence Establishments who were granted 2nd ACP in the Chargeman Pay Scale of Rs. 5000-8000 upto 31.12.2005 (inspite of MoD’s recommendation matter is pending with Defence Finance) 2) Correlation of the hourly rate of Industrial Workers deployed on Piece Work system in Ordnance Factories in 6th CPC Pay Scale w.e.f. 01.01.2006 (inspite of MoD’s recommendation matter is pending with Defence Finance) 3) Grant of Departmental Overtime Wages to the Industrial Workers deployed on Piece Work system in the Ordnance Factories (inspite of MoD’s recommendation matter is pending with Defence Finance) 4) Grant of hourly rate to the Piece Workers of Ordnance Factories who were given MACP benefits, (inspite of MoD’s recommendation matter is pending with Defence Finance) 5) Grant of revised ACP benefits to the labourers who have completed 30 years of service by granting an one time exemption of Trade Test. (MoD’s recommendation in the matter is pending with DOP&T) 6) Grant of revised ACP benefits to the erstwhile Group “D” NIEs (MoD’s recommendation in the matter is pending with DOP&T) 7) Revision of Night Duty Allowance w.e.f. 01.01.1996 and from 01.01.2006 in the 5th and 6th CPC rates respectively by implementing the Court Judgments on the subject. 8) Doubling of the Risk Allowance for Defence Civilian Employees w.e.f, 01.09.2008 has agreed in the National Anomaly Committee Meeting. 9) Implementation of the following judgment to the similarly placed employees. As per the provisions of DOP&T OM No. A11019/2/98-AT dated 03rd September, 1998 i) Grant of MACP in promotional hierarchy (Government’s SLP dismissed in the case of CAT Chandigarh Bench Judgment on OA No. 1038/CH of 2010)- ii) Placement from HS Grade to HS Grade-I should be ignored for . granting MACP (Judgment of CAT Principal Bench New Delhi in the case of Employees of 505 ABW, New Delhi referring various Supreme Court Judgments) iii) Restoration of the opportunity of Chowkidars and Safaiwalas of MES for redesignation as Mate (SS) (Judgment of the Hon’ble CAT Ernakulam Bench in OA No.109/2012 dated 12.12.2012) iv) Removal of discrimination and grant of skilled pay scale of Rs. 260-4000/950-1500 to non-petitioner Valvemen of MES (Judgment of Hon’ble CAT Jodhpur Bench in OA No. 51/2002 dated 21st July, 2003) v) Inclusion of HRA and Transport Allowance etc. for computation of OT Wages under Factories Act 1948 based on the judgment of Madras High Court, vi) Implementation of higher Pay Scale and grade structure for the similarly placed Cooks of all Defence Establishments as granted to the Cooks of Air Force vide MoD Letter No. Air HQ./23064/Cooks/PC-4/444-CC/D (Air-!II) dated 12th November, 2013 based on the judgment of Hon’ble Principal Bench CAT, New Delhi. 10) Approval of all cadre review proposals of MTS, Durwan, Fireman, Drivers, Storekeeping Staff, Industrial Canteen Staff, Para Medical Staff, Stenographers, DEO, JJWM and Clerical Staff of OFB, DRDO, DGQA, Navy, EME, AOC, Air Force and other Directorates pending at different level. 11) Grant of PRIS to the DRDO Employees at par with Department of Atomic Energy and ISRO. 12) Revision of Fixed Medical Allowance to the Defence Employees posted at hard stations / isolated places and also grant of medical reimbursement for inpatient treatment for such employees by implementing the judgment of Punjab and Haryana High Court. 13) Grant of Four Grade Structure to the Ammunition Mechanic of NAD under Navy. 14) Grant of Four Grade Structure to the Meter Reader of MES at par with the Artisan Staff, 15) Extension of CSD Canteen facilities for retired defence civilian employees at par with Ex-Serviceman. 16) Revision of Bonus Payment ceiling and Gratuity Ceiling limit. 17) Opening of CGHS Dispensaries in all major cities and recognition of Hospitals under CGHS in Hill Stations. DEMANDS ON POLICY ISSUES 1) Withdraw DPP-2013 which is against the interest of DRDO and Ordnance Factories. 2) No FDI in Defence Sector. 3) No disturbance in the functioning of DRDO by implementing Professor Rama Rao Committee recommendations. 4) No arbitrary reduction of manpower in the various Army Units in the name of ASEC Report in violation of the Cabinet Secretary’s directions. 5) No closure of any Defence Units including Military Farms, 6) Stop all types of outsourcing / contract and regularize all the existing contract/casual workers. 7) Fillup all the posts lying vacant in all the Defence Establishments. 8) Withdraw the New Pension Scheme.” 9) Grant of Compassionate Appointment 100% as being granted by the Railway Ministry. 10) No reduction of sanctioned strength of the Ordnance Factories based on Sourab Kumar Committee Report. DEMANDS ON TRADE UNIONS RIGHTS AND FUNCTIONING OF JCM 1) Regular meeting with the recognized Federations by the MoD and other Directorates should be ensured. 2) Three meetings of the Departmental Council (JCM) and four meeting of the JCM-III Level Council as per the constitution of the JCM Scheme should be ensured. 3) Grant of Trade Unions rights to all the non gazetted employees working. in the Defence Establishments as being given in the case of Railway. 4) Grant of Trade Unions rights to the Employees of Hospitals and Training Establishments under MoD since these Establishments are already recognized as Industry by the Labour Ministry. 5. Grant of Trade Unions rights to the Defence Civilian Employees postedat area declared under SRO-17E. DEMANDS ON 7th CPC ISSUES 1) Settle all the 6th CPC Anomalies and all Cadre review proposals before 7th CPC starts functioning. 2) Accept all the terms of reference of 7th CPC submitted by the staff side of National Council (JCM) to the DOP&T. 3) Implement the revised comprehensive pay packet for the Central Government Employees as on 01.01.2014. 4) To Consider the demand of merger of Dearness Allowance/Dearness Relief with Basic Pay and Basic Pension and also grant of interim relief. The 4 lakhs Defence Civilian Employees who are the fourth force of the Defence of our country are committed and dedicated workforce and they work side by side with the uniformed personnel for the security of our great natioi. Their contribution to the Defence preparedness cannot be underestimated. Any disturbance in the industrial relations in the Defence Estatlishments will hamper the Defence preparedness. The Defence Civilian Employees and their Trade Unions with this responsibility in mind were patiently waiting for settlement of their demands. However, since there is no positive outcome inspite of our best efforts, the Defence Civilian Employees are forced to proceed with an indefinite Strike from 17.02.2014   Yours sincerely, sd/- (R.SRINIVASAN) GENERAL SECRETARY Source : Indwf.blogspot.in

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