Saturday, 17 March 2018
7th CPC Minimum Pay and Fitment Factor: Confederation writes to NJCA
CONFEDERATION WRITES TO NJCA LEADERS
Dated – 14.03.2018To
1. Shri M. Raghavaiyya
National Joint Council of Action of JCM (NC) Staff Side organisations (NJCA) & General Secretary
National Federation of Indian Railwaymen
Leader Staff side NC (JCM)
3, Chelmsford Road, New Delhi – 110055
2. Shri Shiv Gopal Misra
Convenor, NJCA & General Secretary
All India Railwaymen’s Federation (AIRF) & Secretary, Staff side,
National Council (Staff Side) JCM
13- C, Ferozeshah Road, New Delhi – 110001
As you may be aware the Govt. of India, Ministry of Finance, has given the following written reply in Parliament for a question asked to Minister of Finance, regarding our demand – “Increase in Minimum Pay and Fitment Formula”.
Reply given by Minister of state for Finance:
“The minimum pay of Rs.18000/- p.m. and fitment factor of 2.57 are based on the specific recommendations of the 7th Central Pay Commission in the light of the relevant factors taken into account by it. Therefore, no change therein is at present under consideration”.
From the above it is crystal clear that Govt. has gone back from the assurance given on 30.06.2016 by Group of Ministers including Sri Rajnath Singh, Home Minister, Shri Arun Jaitley, Finance Minister and Shri Suresh Prabhan, then Railway Minister, that Minimum Pay and Fitment formula will be increased and for that purpose a High Level Committee will be appointed to submit report within four months.
Now that Govt. has gone back from its assurance, I on behalf of Confederation of Central Govt. Employees & Workers, which is a constituent organisation of NJCA, request you revive our deferred agitational programmes immediately and for that purpose, if necessary, an urgent meeting of the NJCA may be convened.
PERMISSION TO OPT FOR PAY FIXATION IN THE REVISED PAY STRUCTURE ON A DATE AFTER THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016 NOTIFICATION DATED 25.07.2016 DEMAND OF THE JCM NATIONAL COUNCIL STAFF SIDE REJECTED BY GOVERNMENT.
JCM national council, Staff Side, has demanded that under the existing orders the option to come over to revised pay structure from the date of promotion is available only for those employees who are promoted before 25.07.2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on a date after 25.07.2016 (say on 26.07.2016) will be discriminatory. Government has considered the demand and rejected. The following is the reply of the Finance Ministry, Department of Expenditure.
DEPARTMENT OF EXPENDITURE VIDE OM DATED 30.08.2017
The position on action taken in respect of item regarding permission to opt for pay fixation in the revised pay structure on a date after the issue of CCS (RP) Rules 2016 (notification on 25.07.2016) in the case of employees whose promotion becomes due after 25.07.2016 is given below:
In the said item the staff side has demanded that under the existing orders the option to come over to revised pay scale from the date of promotion is available only for those employees who are promoted before 25.07.2016, the date of notification of CCS (RP) Rules 2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on 26.07.2016 (one day after the date of notification) and afterwards will be discriminatory.
The revised Pay rules contained in CCS (RP) Rules 2016 are effective from 01.01.2016. A person holding a particular post as on 01.01.2016 has an option to come over to revised pay scale applicable to that post either straight away on 01.01.2016 or from a date later than that such an option is clearly mentioned in provisio 1 and provisio 2 of Rule 5. A combined reading of provisio 1 and provisio 2 to Rule 5 provided that a Government Servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.
But, in cases where a Government servant has been placed in a higher grade pay or scale between 01.01.2016 and the date of notification of CCS (RP) Rules 2016 on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation.
Therefore the rules provide while in respect of post held by a Government Servant as on 01.01.2016, the concerned Government Servant may elect to come over to revised pay scaleapplicable to that post either from 01.01.2016 or from a date later than 01.01.2016, in case he is promoted to a post not held by him on 01.01.2016 on a date later than that, then he can opt to come over to revised pay scale from the date of promotion provided such promotion takes place between 01.01.2016 and the date of notification. Thus the date of notification of the Rules on 25.07.2016 which are effective from 01.01.2016 is the outer limit for option in cases the option is from date of promotion. The similar was the provisions in the Rules pertaining to the 6th CPC in terms of CCs (RP) Rules 2008. This is the fair and time tested rule, as it seeks to allow option in case of promotion during the retrospective effect of the Rules. There has to be outer date and that date is the date of notification of CCS (RP) Rules 2016, which is objective and of fair application. No such objective date beyond 25.07.2016 could be of fair application.
THE VIEWS AND SUBMISSIONS OF NFPE PRESENTED ON THE EVE OF WORKSHOP ON IPPB AT NEW DELHI ON 7TH MARCH -2018
At the outset, we want to place it on record that all the unions federated under NFPE are not in favour of corporate Post Bank set up but at the same time we desire to keep the IPPB as the wholly preserving and protecting thePostal Bank by the Postal Department without any private or public share of 49% and controlled by a separate body other than the Head of the Postal Department.
I wish to point out despite our strong protest against the IPPB Corporate bank limited which was resolved in the NFPE Federal Executive on11/02/2018 held at New Delhi and also in the CWC meeting of Postal Group ‘C’ Union on 26th& 27th February 2018 at Patna (Bihar), I am attending this workshop with the determination and the intention to request to reconsider your decision and revert back the IPPB as the Government oriented Postal Bank of India wholly maintained and preserved by the Department of Posts. If need be it shares can be made open to its employees to expand the service in the paucity of required funds. It must be a bank owned and operated by the Postal Department with the share of its employees and their full participation.
Notwithstanding with our position not to corporate IPPB, the Service Unions desire to place on record to have 100% of the postal staff must be utilized to serve for the Postal bank and there should be no other recruitment other than from the Postal Staff.It is most pertinent to mention that no nationalized or private banks are doing the small savings work and being the Social oriented state, the Post office is alone doing the SB work which is the main revenue for the Postal Service at this juncture. If all these small savings accounts are transferred to IPPB at a later stage or today, what will be the remaining work for the PO counters? We are feeling that the Department by introduction of IPPB, blinds the existing Postal Department with its own figures. We are pleading for reconsideration, if not,we are having the apprehension that the postal savings bank work at present is the major work of the postal department shall be transferred to IPPB in the later stage. Therefore, the IPPB shall be managed only with the Postal staff and not recruited separately
Further after the introduction of CBS, in many places, the POs are suffering with worn out and old peripherals with low configuration, Poor network and mal -functioning of NSP- I & II and also due to poor user friendly configuration of the CSI software. Those have to be corrected first. Unless the requirements like adequate net work, bandwidth, working computers, are fulfilled, there should be no implementation of CSI. Similarly the recommendations of Kamalesh Chandra Committee providing compassionate appointment to the wards of GDS who could not work in RICT, on implementation of Rural ICT shall be implemented first and thereafter Rural ICT must be implemented if the Rural ICT and CSI shall be jointly implemented after providing necessary infrastructure and user friendly software. If it so, it will be a successful transformation of technology.
After the complete transformation, the IPPB not as corporation Ltd can be implemented for which our Federation will extend Fullest Cooperation.
Further I desire to mention that the Postal Department shall have a separate network Connectivity like Railways &Defencein order to ensure proper networking facility to the Post offices so that we could expand our services later even in the rural areas. The postal staff are very much committed only with their hard work and dedication only this much of transformation in the postal service was possible for that he had not paid any amount or compensation. The hard labour they exerted during these days should be utilized for the postal service alone and not to be transferred to the hands of corporates for that we will again register our protest in this meeting with the request to reconsider the decision. Thank you very much
INCOME TAX ON CENTRAL GOVT PENSION TO BE DEDUCTED EACH MONTH – CPAO OM DATED 9TH MARCH 2018.
All Heads of CPPCs are advised to deduct the income tax at the time of each payment itself and issue Form-16 by 31st of May every year
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II BHIKAJI CAMA PLACE,
NEW DELHI – 110066
CPAO/IT&Tech/Bank Performance/37 (Vol II)/2017-18/204 09.03.2018
Subject:- Deduction of Income Tax at the time of making payment
It is observed that some of the banks are not following the guidelines of the Income Tax Act regarding tax deduction on pension payments. Pensioners have raised grievances relating to the deduction of income tax at the fag end of the year causing undue financial hardship to the pensioners. Moreover there is considerable delay in the issuance of Form-16 to the pensioners and in some cases Form-16 are not being issued to the pensioners.
In view of the above, all Heads of CPPCs are advised to deduct the income tax at the time of each payment itself and issue Form-16 by 31st of May every year and follow the Income tax guidelines issued from time to time
(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts