Seniority not a fundamental right: CAT

                   The Central Administrative Tribunal (CAT) has said that public employees cannot claim seniority as a "fundamental right".

                "As per the settled law, seniority is not a fundamental right of a public employee. It is only a civil right. There cannot be any change in this contrary to the principles of natural justice," the Tribunal bench, comprising Members Shanker Raju and Veena Chhotray, said.

              The Tribunal said this while refusing to set aside an order by the Municipal Corporation of Delhi(MCD) revising the seniority list of its junior stenographers, It dismissed the petition of junior stenographers seeking to quash the order of the civic agency which had revised their 1988 seniority list.

            The Tribunal noted that seniority list of junior stenographers was revised in 2000 by the MCD after duly considering the objections invited by it after circulating a provisional seniority list.

           "The revision of seniority list of 2000 had been preceded by circulation of a provisional seniority list and inviting the objections. Even though the applicants still insist that their objections had not been considered, this is not proved," it said.

          The Tribunal rejected the plea of violation of natural justice of petitioners on the ground that no proof in the form of relevant document was produced in support of it.

          The petitioners, M S Thakur and others, were aggrieved at the changes in the revised seniority list of 2000 and approached the Tribunal for relief.

Clarification on encashement of leave alongwith LTC availed prior to 31.8.2009

                                 Office of the Controller General of Defence Accounts

                             Ulan Batar Road, Palam, Delhi Cantt. New Delhi-110010

No. AN/XIV/141G2/LTC                                                                    Dated 29 .12.2009



Sub:- Clarification on encashement of leave alongwith LTC availed prior to 31.8.2009.

              The matters regarding whether encashment of leave on account of LTC availed prior to 31st August 2008 under the old rates will be debited from the total EL at the time of retirement and also be counted towards overall entitlements of 60 days or not, was referred to DoP&T for clarification.
2.              DoP&T has since clarified that “Leave encashed alongwith LTC will not be deducted from the maximum of EL encashable at the time of retirement w.e.f.. 01.9.2008 irrespective of whether the leave encashment with LTC was availed prior to 01.9.2008 or not. However, the ,maximum leave encashable alongwith LTC during the entire career is 60 days”.

3. For CDA (PD) Meerut only :- This disposes off their letter No. AN/III/Encashment of EL/LTC dated 20.01.2009.

Dy CGDA(AN) has seen.

                                                                            (R.K. Bhatt)
                                                                               For CGDA


Proceedings of the Steering Committee of JCM-III level council of OFB

                    INDWF General Secretary Sri .R.Srinivasan has disclosed  the Proceedings of the Steering Committee of JCM-III level council of OFB in his blog.According to him
                 The 9th steering committee of 11th Term JCM III Level Council, OFB hled on 12-03-2010 at OFB HQRS, Kolkata under the chairman ship of DDG/Admin. During the meeting the following points were discussed and the decision/position/progress to given below.

              1.   Payment of Night Duty Allowance arrears on the Notional Basic of IVth CPC + DA + Increment + Promotion between 1.1.1996 till date:
             Clarification of NDA which is now being paid on IV CPC pay scales from 1.1.96 was demanded to calculate by adding the increased DA + Earned Increments, Promotion / ACP etc., till date. This was agreed by OFB, Revised package by PC of A factories was issued. Few factories have paid the arrears and calculating on the revised package.
               It was insisted that many factories have not paid. It should be ensured that all the ordnance factories should make the arrears payment and the details should be given in the next meeting.

                      2.OT Payment on revised VI CPC Pay:

              It was demanded that the OT allowances should be paid on the VI CPC scale without further delay. It was informed to OFB that Railway Board issued orders recently to pay OT allowance on the revised pay w.e.f. 1.9.2008 by calculating HRA, TA, DA and Ration Allowance.
              Similarly it was demanded to calculating OT pay to ordnance factory employees without further delay on the revised pay.
               3.Co-Relation of piece work profit on revised pay:
             It was demanded that there should not be any further delay to Co-Relate the piece work profit in the minimum of the pay band with Grade Pay.
           4.Payment of piece work profit to those employees who were promoted / Granted ACP on the upgraded Pay / Grade Pay:
            Though the Co-relation is delayed, but the employees who were promoted / granted ACP after 1.9.2008 have not paid piece work profit on their pay. It was agreed to consider and was referred to PC of A fys.

Demanded the following:

a) MACP benefit to Teaching staff of Ordnance factories.
b) Merger of AF / FM / SH with JWM or to promote ch/man to AF immediately.
c) Holding of DPC for PR Teachers for their promotion.
d) Continuing of Risk Allowance and Patient Care Allowance.
e) Granting of EL 30 days to Direct Workers without delay.
f) Granting of incentive to Labourer SSK working in maintenance sections.
g) Early clearance of SLP to allow Direct Recruitment in HVF, OFT, OFP madek and EFA.
h) Special increments granted to stenographers through Arbitration Award should be treated as Part of Pay.
i) Granting of Departmental OT 3 ¼ Hrs. for Piece Workers to be considered. PC of A fys agreed to consider.
j) Early sanction of Manpower to Ordnance Factories during the year 2010-11 for Direct Recruitment against wastage vacancies arised during the previous year.
k) Cadre review proposal by OFB for para medical staff should be forwarded to Mof D by OFB without further delay.
l) Pharmacists awarded Rs.4200 Grade Pay should be granted w.e.f. 1.1.2006 and the clarification deleting of 2 years should be made clear.
m) Cadre review proposal for all categories should be prepared and forwarded to consultation with staff side and accordingly Recruitment Rules should be amended.
n) The residency period prescribed by DOP&T should not the followed wile filling the vacancies fallen prior  to 1.9.2008 and as per Recruitment Rules only should be followed.
o) Removal of stagnation for store Keeping staff (SK & Supervisor) after the merger of Ch/man II & I , the vacancies fallen will be filled by promotion.
p) Agreed to declare the advertisement for filling the Ch/man vacancies through LDCE by April.

Further OFB agreed to consider the following.
Ø NIES who have got Rs.1900 Grade Pay, if willing to become labour SSK (GP Rs.1800) Grade Pay will be considered since their pay will e protected as per recent Government orders.

Ø Laborer USK now become Laborurer SSK their up gradation will be ignored for MACP. Their promotion to SK also will not be counted for MACP orders were issued.

Ø Agreed to grant Compassionate Appointments to those who were offered appointment prior to VI CPC orders even if they are less than matriculate but will be placed in S1 - Scale (OFB issued order instruction No.63/2009(PCC) dt 29.12.2009.

Ø Recovery of subscription to wards GPF for new pension scheme employees under scheme – II was discussed but were informed that the matter may be discussed at national council (JCM).

OFB asked the federations, to submit their cadre review proposal to within seven days, so that OFB can in corporate in their proposal and consult with the federations. You many forward proposals for the following cadres.
Ø Industrial Employees
Ø Store Keeping Staff
Ø Supervisor Staff (Ch/man to JWM)
Ø Fire Fighting Staff
Ø Cart while group ‘D’
Ø Stenographers Cadre
 Ø Hindi/Raj basha Cadre.

                      Regarding the four grade structure of Artisan (Trades Man) and upgardation of MCM Grade Pay to Rs.4200 and HS-I Grade Pay to Rs.2800 was referred to DoP&T and the same was approved by DoP&T and sent to Mof Defence on 26.2.2010.
                      Now the file was sent to Defecnce (Finance) for their approval. Now pending there. Any moment, it can be cleared. We have asked one time relaxation for Highly Skilled from Trade Test and to give effect from 1.1.2006. Due to this, MACPS also pending in many factories. MCM will be feeder grade to Ch/man infuture.


                  Office of the Controller General of Defence Accounts
                        Ulan Batar Road, Palam, Delhi Cantl. New Delhi-llOOlO
                               No. AN/XIV/14162/L TC Dated 18.12.2009.



Subject :- Clarification on admissibility LTC claim in respect of fresh recruits.

               The matter regarding admissibility of LTC to fresh recruits to central Government was referred to DoP&T who have since clarified that an employee who  has not completed 8 years service as fresh recruits on 01.9.2008 will get the benefit available to a fresh recruits for the remaining period till he completes 8 years. There will be no change in block years. Current block is 2006-09.

2. As regards who will be construed as a Fresh Recruits, DoP&T has clarified that a direct recruit joining Govt. service for the first time will be deemed to be a fresh recruits.



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