Saturday, 25 February 2017


NCCPA CIRCULAR and STAFF SIDE ON OPTION No.1 and NPS & other issues:

NCCPA Circular with the copy of letter written by the Staff Side Secretary JCM National Council to the Secretary Pension is placed hereunder for the information of all. Comrades are requested to take copy of the same and circulate to our members - KR GS AIPRPA



NATIONAL CO-ORDINATION COMMITTEE OF PENSIONERS.
Website: nccpahq.blogspot.in.

13C, Feroze Shah Road,
 New Delhi. 110 001
20.02.2017

President:                           Com. Shiv Gopal Misra.
Secretary General:          Com. K.KN. Kutty.


Dear Comrade,
On 10th February 2017, the Sub Committee 3 met the Staff Side JCM. As you are aware, the Government had set up a committee to streamline the NPS on the recommendations of the 7th  CPC. On a plain reading of the 7th CPC comments on NPS. It would be evident that the commission wanted the Govt to go into various grievances/ complaints raised by the stake-holders. The Commission had pointedly referred to the pension(Contributory) System prevalent in various other countries and the need for a minimum guarantee on the investments. The Staff Side had therefore nursed the hope that though the contributory system may not be scrapped the Govt. might bring about necessary changes so that the subscribers would be able to have a minimum guaranteed pension. In fact the official side had assured  the S/s in an earlier meeting that the benefit of annuity would not be less than the earlier defined pension benefit.. In other words they had expressed that the annuity would be more than 50% of the last Pay drawn. The Parliamentary Committee, which considered the PFRDA bill had opined that the subscribers must be provided with such a guarantee. The committee was headed by Shri. Yeswant Sinha , former Finance Minister and BJP MP. The UPA II Govt. rejected this demand while passing the Bill for which BJP voted in favour. Despite all these happenings one    still  nurses the  hope. That is what optimism is all about.

In the first meeting of the committee chaired   by the secondary Pension, Staff Side was given an opportunity along with many others to present their case. There had been many who had gate crashed into that meeting, mostly the Associations representing all India and organised Group A services. Every one of the spoke and spoke elaborately of the various facets and defects of the Scheme, but not suggesting   any  remedial  measures. To a specific quarry, the spokesperson of the Finance Ministry categorically stated that no guaranteed minimum pension could be stipulated and quoted the provisions to that effect in the Act itself. In our last circular we had enclosed the copy of the submissionsmade by the Staff Side.  During the deliberations of the Sub Committee 3 also Staff side has presented its views on various queries raised by the official side. A copy of the Staff Side letter is enclosed. The official side has made it categorically clear  that it was not in their province to make any changes in the basic features of NPS and therefore no guaranteed pension or  annuity  could be offered.

The significant feature of the discussion was as to how to import the punitive provisions of the CCS(pension) Rules 1972, when an individual employee is proceeded against under the CCS(CCA) Rules. The Staff Side has categorically and emphatically pointed out that the contributory Pension Scheme is a financial transaction   between the employer and  the employee and the money so collected stands  transferred to the investment company, with clear  instructions on the pattern of  investment.  In that situation, it would not be possible for any party to amend or rescind any of the instructions issued to the investment company or withhold the proceeds thereof.  The sub-committee will now make over its report in all probability without giving any cognizance of the staff side view as they have done in the case of Option No. 1

As we had indicated in our earlier communication, in the case of option No. 1 which has been rejected by the pension Department stating the most untenable argument of infeasibility, we are left with no option but to knock at the doors of courts. As a preliminary measure we must now collect the names of those persons who would stand to benefit if option No.1 is implemented. Before we decide to file the  Secretariat of NCCPA will discuss the matter and will take appropriate decision.

In the meantime as you are aware the CGEs under the banner of Confederation will be on Strike on 16.03.2017 inter alia  raising  the issue of Option No.1 and NPS. We must express our solidarity and support to the striking workers. We may suggest that in all state capitals the affiliates of NCCPA may jointly organise demonstrate in front of an identified Central Government office by wearing badges with the following inscription on it.

Allow Option 1. For Pension Fixation
Exclude CGEs from NPS

With greetings,
Yours fraternally,

Sd/-
K.K.N.Kutty
Secretary General.


Copy of letter from the Secretary staff Side to the Chairman, Sub-Committee III of NPS Committee.

No.NC-JCM-2016/Pension (NPS)              -  February 10, 2017

The Chairman,
Sub-Committee III on NPS
Dept of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi

Dear Sir,

Thank you very much for your letter No 57/2016-P&PW(B) dated 31st January 2017 and the decision to reschedule the meeting at our request.

We find from your letter cited that the Committee set up by the Government to streamline the NPS has delegated the task to different Sub-Committees and we are before the Sub-Committee No III. Since the identified task of each subcommittee is not made known, nor even as to how such many sub committees are set up, we may not be able to make a comprehensive presentation on NPS. On 20th January 2017, we had made a written presentation of our views in the matter. We attach the said letter to this communication and reiterate the views conveyed therein. 

1.            The entire Central and State Govt Employees of the Country must be excluded                 from the purview of the NPS and consequently of PFRDA Act for the elaborate reasons mentioned in our Memorandum to 7 CPC.  The National Pension                Scheme which is based on defined mandatory contribution from the employees was introduced without causing any consultation with the employees organizations in the JCM forum and amounts to unilateral and arbitrary                 withdrawal of an existing benefit, which is clearly impermissible.  We give hereunder our comments on each of the issues raised in the letter  cited.

2.            Without compromising on the above position,. We request that benefits defined under the CCS (Pension) Rules, 1972 as amended on date must be the pension                 and other entitlements in the case of all Central And State Govt. employees. In other words, every employee who retires after completion of 20 years of service must be given -

Pension @50% of the last pay drawn or average emoluments of the last               10 months whichever is beneficial to the employee along with the appropriate Dearness Relief, subject to the minimum pension under the Rules as is amended from time to time.

On his death as Pensioner, family members shall be entitled to family    Pension, subject to the specified minimum amount of family pension,           stipulated by the Government from time to time along with appropriate Dearness Relief. Besides, all persons on retirement will be entitled to Gratuity as specified under extant Rules.

(A)                Framing of rules on service matters of NPS employees including the following:

(i)            Provision of an option for entitlements under old pension scheme on death,      disability or invalidation during service

There cannot be a provision for option. The stipulation of pensionary benefit afforded under the extant rules / CCS(Pension) Rules be extended to them. The provisional pension benefit orders issued by the Govt. is to be continued or made permanent.

Family for the purpose of payment of annuity

Family definition must be as is provided for the present CCS (Pension) Rules
(iii)          Contribution during suspension, extra ordinary leave (i.e. leave without              pay),      unauthorized absence

Contribution during suspension : 10% of the subsistence allowance and Govt. contributes 10% of the entitled full salary
Extra Ordinary leave – No contribution
Unauthorized absence – No contribution

iv)           Entitlements/deductions on dismissal / removal during service
Entitlement/deduction on dismissal/removal during service – Return of the Contributions made by the official and the Govt on his behalf.

If he purchases an annuity by investing the funds so received,  the said annuity must not be in any case less than 1/3rd of the last  pay drawn by the dismissed/removed official.

(v)          Withholding of NPS funds due to departmental / judicial proceedings pending at              the time of retirement.

Neither the Pension fund be withheld nor the entitled defined benefit pension. In other words, pension must be delinked from any disciplinary proceedings.

(vi)         Departmental proceedings after retirement for the alleged misconduct during service

It must not have any bearing on the Pension entitlements of an official who is subscriber to NPS

(vii)        Withholding of annuity on account of future misconduct

Does not deserve any comment

(viii)       Voluntary retirement of NPS employees

Voluntary retirement is presently afforded after 20 years of service. Therefore, the official will be entitled for full pension

(ix)         Commercial employment of  NPS employees after retirement.

Must not have any bearing on pension entitlement.

B.            Provision of GPF for the NPS employees

May be provided as a voluntary option to all officials.

Thanking You,

                 Yours faithfully,
Sd/-
(Shiva Gopal Mishra)

Secretary

Wednesday, 22 February 2017

AIPRPA CHQ SOUGHT ADALAT MEET AT DIRECTORATE LEVEL TOO

STREAMLINING PENSION ADALAT MEETINGS

AIPRPA CHQ had written to Secretary Department of Posts seeking intervention for streamlining the Pension Adalat meetings. We had desired for guidelines to all CPMGs and PMGs to hold periodical Pension Adalat Meetings at all places and in addition to have such a Adalat Meeting at Directorate level also. The DoP is taking action on the representation of the CHQ and the reply received from the Department of Posts is placed here under for information of all: - KR GS AIPRPA




Friday, 10 February 2017

15.02.2017: Observe NCCPA call



NCCPA has issued the call to organize protest demonstration on 15.02.2017 to express our strong opposition to the rejection of option number 1 by High Level Committee. A communication to be sent to Hon'ble Prime Minister /  Finance Minister / Minister of State for Personnel /  Cabinet Secretary / Secretary Department of Pension & Pensioners Welfare / & Secretary DOPT.
Copy of communication to be sent is already placed in website as well as circulated to all CWC Members.
Please organize the protest demonstration in all districts and send the report with photos to CHQ by email. This is utmost important - KR GS AIPRPA

Saturday, 21 January 2017

NJCA meets Union Home Minister!

NJCA leaders met Hon'ble Home Minister!

After the NJCA meeting on 17th, the top leaders of NJCA comrades Shiv Gopal Mishra and M.Raghavaiah met Hon'ble Home Minister Rajnath Singh and briefed the situation of non-resolution of all contentious issues. The letter released by the Convenor NJCA after the above meeting is hereunder:


Action Ahead! Get Ready to Act on NCCPA Calls!


NCCPA Circular to Affiliates
Draft Letter to Prime Minister & Other Union Ministers
NJCA Letters to Union Home Minister
NJCA Writes to Secretary Pension on NPS

Dear Comrades! Kindly go through and download the Circulars of NCCPA and NJCA Letters etc. 

Please organise nationwide demonstrations on 15.02.2017 to protest the rejection of Option Number 1 by the Pension Secretary and send letters to Honourable Prime Minister of India / Honourable Minister of State for Personnel / Honourable Finance Minister / Cabinet Secretary / Pension Secretary / DOPT Secretary

Please organise total solidarity action to the one-day strike by Confederation of CG Employees on 16.03.2017.

KR GS AIPRPA




NATIONAL CO-ORINATION COMMITTEE
OF PENSIONERS ASSOCIATIONS.
13/c  Feroze shah  Road,
New Delhi. 110 001
Dated: 20-01-2017.

Dear Comrades,

We give hereunder a brief note over the developments that have taken place in last 2-3 months.

1.    Pension determination formula: 7th CPC.

Despite our best efforts, we have not been able to carry conviction  with the Pension Department to act up on the 7th CPC recommendation pertaining to  Option No.1. This has crashed the hope and aspiration nurtured by a large no of pensioners especially after the 7th CPC report was out. The JCM Staff Side had,  as you are aware,  held meetings with Department of Pension when an  alternate suggestion was mooted by the official side. As  the alternative suggestion will indeed  benefit a section of Pensioners, we requested that the same may be taken as the 3rd option. It is now clear   that the Pension department has submitted its report rejecting option No.1 as infeasible to the cabinet and the Cabinet assent is awaited.. In this situation we feel that all affiliated associations and federations must advise their units to hold Demonstration on 15th February 2017 and send the following communication to the (1) Honourable Prime Minister, (2) Honourable Minister of State for Personnel, (3) Honourable Finance Minister, (4) Cabinet Secretary,  (5) Secretary Pension, Department of Pension and Pensioner Welfare, and (6) The Secretary, Department of Personnel and Training.  We have appended to this letter the format of the communications to be sent to the Prime Minister and others.

2.    One day Token Strike on 16th March, 2017 by the Confederation and its affiliates.

As you aware the Confederation had earlier decided to Organize a one day strike on 15.02.2017 in view of thee total inaction on the part of the Govt. to honour the agreement reached with the Staff side JCM on 30th June 2016 and  confirmed in writing on 06.07.2016. The said one day strike has been now postponed to 16.03.2017 on account of the declaration of Election schedules by the Election Commission for the States of UP, UK, Goa, Manipur and Punjab. The Present NDA Government has exhibited the worst anti-employee attitude.  Not a single issue projected by the JCM Staff side on behalf of the pensioners and employees was considered favorably.  In the name of consideration of the demands, the allowances  have been withheld to be implemented.  All the Committees set up by the Government in the wake of the 7th CPC recommendations had only been indulging in dilatory tactics and no worthwhile negotiations  was held  with the employees organisations. It was in this background that  the the National JCA met on 17.1.2017 at Delhi. Though the revival of the deferred strike action was discussed no final decision could be taken. The leader and Secretary have now been requested to interact with the Hon’ble Ministers and reconvene the NJCA once again. The letters written in this regard by Secretary Staff side are enclosed.

3.    NPS Committee.

The Govt. has setup a committee as per the recommendation of the 7th CPC to streamline the NPS  in view of the plethora of complaints lodged against it  by the stoke holders before the Commission.. The first meeting of the said committee was held on 20th January 2016. The written submissions made by the Staff side Secretary are enclosed. It is likely that the committee will hear the Staff side once again.  In order to enable the Staff side to submit an elaborate memorandum it has been decided that a meeting of all the National Council members must be held soon.  We have also been requested to present our proposal for consideration and incorporation.  To enable us to submit a cogent and well prepared document, we request you to kindly send us your suggestions in the matter before 5th Feb. 2017. 

With greetings,
Yours fraternally,


K.K.N.Kutty
Secretary General.

Format of the letter to be addressed to the Honourable Prime Minister and Others.



To

The Hon’ble Prime Minister
Government of India,
South Block,
New Delhi. 110 001.


Respected Sir,

On behalf of the Pensioners, who are our members, we are to bring to your kind notice that the Central Government pensioners throughout the country are extremely distressed on coming to know that the Pension and Pensioners Welfare Department of the Government of India has finalized and made their submissions to the Cabinet suggesting inter alia that the recommendation made by the 7th CPC in respect of pension determination under Option No. 1. be rejected on the specious ground that the said recommendation is infeasible to be acted upon. 

In this connection we send herewith a copy of the submissions made by the Staff Side of the JCM on our behalf which may please be considered before a final decision in the matter is taken by the Cabinet.  For the detailed reasons advanced in the said Note, the decision of the Department of Pension to reject the said recommendations, even though the same has been accepted by the Government and notified, is not only unfortunate but also not tenable.  The said suggestion of the Department of Pension, if acted upon, will crush the hope and aspiration generated in the minds of lakhs of pensioners for a reasonable pension, which the 7th CPC considered and granted. 

We, therefore, appeal to your good self that the proposal of the Pension Department, which is presently pending consideration of the Cabinet, may not be accepted and instead the recommendation of the 7th CPC granting option No.1 be acted upon.

Thanking you,

Yours faithfully,


Name:
Designation:

Copy of letter addressed to Shri Rajnath Singh, Honourable Home Minister by Com. Shivgopal Misra, Secretary, Staff Side, JCM. Dated 17th Jan. 2017.

Dear Sir,

We solicit your kind reference to the discussion the Staff Side delegation had with you and your esteemed colleagues in the Cabinet – Hon’ble Finance Minister, Railway Ministers – on 3oth June 206 and subsequently with your good self on 6th July 2016. In the light of the assurance held out for reconsideration of the minimum wage and multiplication factor through the setting up of a high level committee within a time frame of four months, the National JCA had deferred the strike action which was to commence from 11.07.2016.

We had been patiently waiting for a meaningful discussion in the matter ever since then. Not only there had been not any worthwhile or meaningful discussions thereafter but no settlement was also brought about till today though more than six months have been elapsed.

The National JCA met yesterday (17-01-2017) and almost all members expressed extreme disappointment over the turn of events. However, they felt that a meeting with your good self must be sought to sort out the issue amicably.

We shall therefore be grateful if you can indicate a date and time convenient to you, so that the undersigned along with Dr. M Raghaviah, the Leader of Staff Side, JCM could call on you with a view to explore reaching an agreement. Incidentally, we feel that it must be our responsibility to convey to you that the Central Govt Employees throughout the country are extremely critical of the fact that the Government had not found it possible to accept even a single issue taken up by the Staff Side, JCM after the 7th CPC submitted its recommendations to the Government. This apart, the CG Pensioners numbering presently more than the working employees are aggrieved of the fact that the one and only recommendation of the 7th CPC which was in their favour  i.e. option No.1 have been recommended to be rejected by the Pension Department to the Government.

Expecting a communication for an early meeting and thanking you


     Yours faithfully

(Shiva Gopal Mishra)
  Secretary



Copy of letter addrtessed to the Secretary Pension, Lok Nayak Bhawan, Khan Market, by the Secretary Staff Side on 20th January, 2017.

The Chairman,
NPS Committee
Deptt. Of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan,
New Delhi

Sub:-   Meeting of the Committee constituted to suggest measures for           streamliningthe implementation of the NPS for Central Govt Employees –         Reg.

Ref:     Letter No 57/1/2016-P&PW(B) dated 16th January 2017

Sir,

Kindly refer to your aforementioned letter.  At the outset we request you to kindly favour us with a copy of the Government Notification setting up the Committee to make suggestions to streamline the National Pension system for Central Government employees.  This is needed for us to understand the scope and ambit of the functioning of the Committee.

The 7th CPC in their report in paras 10.3.11 to 10.3.25 has enumerated the plethora of complaints received by it over the NPS and has finally recommended to the Government to set up a Committee to look into those issues and address.   However, we are constrained to believe from the reading of para  3 of the letter cited that the Committee is likely to have only a perfunctory consultation with the stake holders on an important issue like this. 

In any case, we give hereunder our views in the matter with the fervent hope that the Committee will consider it within the time constraints.

We are of the firm view that the Central Government employees as a whole must be fully excluded from the ambit of the defined contributory pension scheme for otherwise it would create two classes amongst them, one making subscription; and another making no subscription but receiving a better pension and other retirement benefits.

There is no justification for the Government to deduct pension contribution from the Central Government employees, even as per the recommendation of the 7th CPC they are provided with far lesser Minimum wage that what it should have been as per the norms of Dr. Aykroyd formula, approved by the 15th ILC and subsequent judgment of the Supreme Court.

This apart, we were assured by the Government during the Standing Committee meeting discussions held on 14.12.2007 that

“for employees who had entered with effect from 1.1.2004 are not likely to be worse off vis a vis the current pension system in force as the replacement rate would match to the present one.  Thus NPS is a win-win situation for employees and the Government”

Without deviating even an iota from our firm position enumerated in No. 1 above,  the least the Government must do to honour the assurance given  earlier is to guarantee that all Central Govt. employees who are recruited with effect from 1.1.2004 and have thus become mandatory subscribers to the NPS receive all benefits of pension, family pension and other retirement benefits as is provided for under the CCS(Pension) Rules applicable to the Central Government employees who are recruited prior to 1.1.2004.

To illustrate the point that the Central Government employees, who are recruited with effect from 1.1.2004 are provided with a paltry in the form of pension in total disregard to the assurance held out by the Government on 14.12.2007 we enclose herewith the details of pension entitlement computed in the case of a person, who was recruited after 1.1.2004 and retired after 12 years of service in one of the Ordnance factories under the Ministry of Defence. This person is being paid a paltry amount of Rs 960/= p.m. as pension from NPS, whereas after the implementation of the 7 CPC recommendations the minimum pension is Rs 9000/- + DA p.m. with effect from 01-01-2016.

In fine, we feel that it would be better if the Committee could convene a meeting as is convenient to all its members so that a full-fledged discussion could be held on this vital issue which is of utmost importance to a large segment of employees recruited after 01-01-2004 whose number is increasing day by day.

Thanking you

Yours Sincerely


(Shiva Gopal Mishra)
          Secretary



















Friday, 20 January 2017

GDS Committee (Kamlesh Chandra Committee) Report released at last!


After much agitations and exerting pressures, the Department of Posts released the GDS Committee Report. Ostensibly it had taken the permission from the Election Commission to do so. Actually there was no need to go the Election Commission if this had been done a few days back. The usual practice of release of Report immediately on its submission by the Chairman was dispensed with this time giving room for speculation about the reasons. Ultimately, the Report is released after a series of agitations by the Federations and GDS Unions. The following are my immediate comments as full Report is not yet studied. 
Now the Report on the face of it not retrograde as like the Report of the 7th CPC headed by a Justice. See the irony! We have opposed a Committee headed by a retired Officer and demanded for either a Judicial Committee or to be referred to 7th CPC itself. After seeing the recommendations of 7th CPC, which is grossly retrograde, it was felt that what is the meaning in demanding a Judicial Commission when Pay Commission headed by a Justice had rendered injustice!
Earlier, we had hints that Kamlesh Chandra will submit a better report with good recommendations. His favourable recommendation on Bonus Ceiling Parity raised some hopes about the GDS Committee Report. He himself had given us to understand that even though his report will not be a Justice Talwar Report, but definitely a good report. Our hopes are not belied. The GDS Committee Report as an Officer headed Committee has given out better recommendations on many issues. In short, the GDS Committee Report is better than 7th CPC's Report!
Same fitment factor and same date of effect of 1.1.2016 as like the regular CG Employees (except that the new enhanced 4 and 5 hour wages will come into effect prospectively) ; The annual increments at 3%; Gratuity enhancement; Leave entitlement including Maternity, Paternal leave and accumulation of leave facility; increase in working hours to a minimum of 4 Hours; amalgamating all existing GDS into only three categories; Career Progression at 12,24,36 years; One year service as GDS only for appearing in MTS/Postman/Mailguard exams; Abolishing Point System for BPMs; Introduction of Children Education Allowance; Grant of many other Allowances to GDS; Enhancement in Group Insurance Scheme; 10% Additional hike for increased revenue generation; Easy loans to Tablet / Mobile; Better Transfer facility to Male GDS and any number of transfer facility to women GDS; Liberalised compassionate appointments etc are some of the green areas to be welcomed.
Of course on the question of Pension we cannot expect much because the regular employees themselves are placed under NPS; We cannot expect recommendation for departmentalization but even there the Committee seems to have recommended that the GDS service is not extra but an integral part of the postal services. The Committee strongly suggested that legitimate aspirations should not be guillotined.
Not bad! Not at all a bad Report! There are areas for improvement, and naturally the AIPEU GDS(NFPE) and the NFPE will take steps to fetch those improvements. But basically one cannot brandish the Report as a classical officer report as like the past! This is my immediate reaction. - KR GS AIPRPA

Wednesday, 18 January 2017



Kamlesh Chandra GDS Committee Report Released!
The GDS Committee report submitted by its Chairman Shri.Kamlesh Chandra is released by the Department of Posts. The full Report is placed in Website of the Department but due to technical reasons, the page is not opening for view. However, the important gist of the Report is available in the website of SA Post. Comrades may click the link below to read the gist. There are recommendations to rationalise the working hours of GDS by clubbing together of GDS with different working hours. Full analysis of the Report will be done after getting the full Report.

Click the Link below for the gist of Report or copy paste the link in your browser window:

http://sapost.blogspot.in/2017/01/gds-committee-report-published-in-india.html