Thursday, October 27, 2016

Temporary employee to be paid at par with Regular Workes :Supreme Court

Date : 27.10.2016

Temporary employee to be paid at par with Regular Workes :Supreme Court



The court passed the verdict on a bunch of petition filed by temporary employee working for state of Punjab seeking wage parity with regular employee.

NEW DELHI: In a big relief to lakhs oftemporary employee who have been hired by government departments and agencies across the country on contractual basis, theSupreme Court on Wednesday held that they are entitled to wages at par with permanent employees and principle of 'equal pay for equal work' must be followed. 

A bench of Justices JS Khehar and SA Bobde said the principle of 'equal pay for equal work' constitutes a clear and unambiguous right vested in every employee whether engaged on regular or temporary basis. 

"In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity," the bench said. 

The bench said the principle had been expounded through a large number of judgments rendered by the apex court and and constitutes law declared by the Supreme Court. 

"Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage," Justice Khehar, who wrote the judgement, said. 

"Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation," he said. 

The court passed the verdict on a bunch of petition filed by temporary employee working for state of Punjab seeking wage parity with regular employee. They approached the apex court after Punjab and Haryana High Court held that temporary employees were not entitled to the minimum of the regular pay-scale, merely for reason, that the activities carried on by them and the regular employees were similar. 

Setting aside the HC order, the apex court held that the principle of equal pay for equal work must be followed in the country as India was a signatory of International Covenant on Economic, Social and Cultural Rights. 

"There can be no doubt, that the principle of equal pay for equal work would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged government employees, holding the same post,"it said. 

"India is a signatory to the covenant, having ratified the same on April 10, 1979. There is no escape from the above obligation, in view of different provisions of the Constitution and in view of the law declared by this court under Article 141 of the Constitution of India, the principle of 'equal pay for equal work' constitutes a clear and unambiguous right and is vested in every employee - whether engaged on regular or temporary basis,"it said.

The Economic Times

Cabinet approves Cadre Review of Indian Posts & Telecommunications Accounts and Finance Service Group “A”

Date : 27.10.2016

Cabinet approves Cadre Review of Indian Posts & Telecommunications Accounts and Finance Service Group “A”


Press Information Bureau
Government of India
Cabinet

27-October-2016 15:47 IST


Cabinet approves Cadre Review of Indian Posts & Telecommunications Accounts and Finance Service Group “A” 
The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the first Cadre Review of Indian Posts & Telecommunications Accounts and Finance Service (IP&TAFS) with the following salient features:

(a) Reduction of the total strength of the cadre from 420 to 376.

(b) Creation of one Apex level post of Controller General of Communication Accounts (CGCA).

(c) Creation of one additional HAG+ level post taking the grade strength to 2.

(d) Creation of two additional HAG level posts taking the grade strength from 6 to 8.

(e) Creation of 18 additional SAG level posts taking the grade strength from 37 to 55.

(f) Reduction in JAG level posts from 111 to 90.

(g) Reduction in STS level posts from 198 to 86.

(h) Creation of 21 JTS level posts taking the grade strength from 67 to 88.

(i) Creation of 46 Posts to be operated as Reserves

Background:

Indian Posts & Telecommunications Accounts and Finance Service Group ‘A” was constituted in 1972 and caters to the Department of Telecommunications (DoT) and the Department of Posts (DoP).

In Department of Telecommunications, the IP&TAFS performs the functions of assessment and collection of license fee/ spectrum usage charges, spectrum auction, USO scheme monitoring and subsidy management, exchequer control, budgeting, accounting, pension disbursement, internal audit and finance advice. In the Department of Posts, the IP&TAFS is entrusted with the functions of finance advice, budgeting, tariff and costing, accounting and internal audit.

There has been a paradigm shift in the role of Department of Telecommunications as well as the Department of Posts in recent years. In the Telecom sector, the role of the Department of Telecommunications has transformed from primarily being a Service provider, Regulator and Policy maker into the present structure whereby the Department is primarily responsible for Policy making, Licensing and Universal Service Obligation. Receipts from Department of Telecommunications, primarily License Fee, Spectrum Usage Charges and Spectrum Auction Value constitute one of the largest source of non-tax revenue for the Government of India.

Similarly, the bundle of services offered by Department of Posts has undergone a quantitative and qualitative change and the Department has ventured into areas of retailing, banking, insurance, digitizing operations etc. Further, the audit mechanism in both the Departments needs to be strengthened.

These facts coupled with the stagnation in various grades of the service necessitated a review of the structure of IP&TAFS.

Enhancement of GDS Bonus to Rs.7000 w.e.f.2014

Date :27.10.2016

Enhancement of GDS Bonus to Rs.7000 w.e.f.2014


Enhancement of ceiling of calculation of ex - gratia Bonus payble to Grameen Dak Sevaks from 3500 to 7000 - Reg







DA for government employees, pensioners may be hiked 2%

The proposal to provide 2% hike dearness allowance for government employees is listed on agenda of the Union Cabinet meeting scheduled for tomorrow.

GIST OF THE JCM STANDING COMMITTEE MEETING HELD ON 25.11.2016

Meeting was held under the chairmanship of Secretary, Department of Personnel. Items discussed and outcome is given below.

1.        JCM FUNCTIONING

Decision: After discussion Secretary (P), assured that the JCM would be activated and steps may be taken to hold regular meetings of JCM at National and Departmental level.

2.        COMPASSIONATE APPOINTMENT:

Decision: The demand of the staff side to remove 5% ceiling would be considered after studying the various. Supreme Court Judgments and the decisions of previous National Council JCM meetings.

3.        RESTORATION OF INTEREST FREE ADVANCES WITHDRAWN BY THE GOVERNMENT BASED ON 7TH CPC RECOMMENDATIONS

DecisionThe demand of the staff side to restore Festival advance, Natural Calamity advance and leave salary advance will be examined further.

4.        AMENDMENT TO THE DEFINITION OF THE TERM “ANOMALY”

Decision: The proposal given by the staff side would be considered is consultation with Department of Expenditure.

5.        FIXATION OF PAY OF RE-EMPLOYED EX-SERVICEMEN

Decision: - The anomalies in the fixation of pay of re-employed Ex-Servicemen is under consideration of DOP&T.

6.  OPTION FOR THOSE TO BE PROMOTED AFTER 25.07.2016, I.E. AFTER THE NOTIFICATION OF CS (REVISED PAY) RULES 2016.

Decision: - This issue would be considered by the Implementation Cell of 7th CPC.

7.        WITHDRAWL OF NEW CONDITIONS FOR THE GRANT OF MACP & GRANT OF MACP ON PROMOTIONAL HIERARCHY

Decision: The demand of the Staff Side for withdrawal of “Very Good” grading would be re-examined. Regarding justification of MACP on Promotional hierarchy all the points submitted alongwith the Note on agenda items by staff side was discussed in detail. The official side agreed to examine issue further based on the points raised by the staff side.

8.       BONUS CEILING TO BE RAISED TO 7000 FOR GRAMIN DAK SEVAK EMPLOYEES OF POSTAL DEPARTMENT

Decision: - Revision of Bonus ceiling for GDS and Casual Labourers would be considered by Department of Expenditure.

9.        REGULARISATION OF CASUAL LABOURERS

Decision: The proposal of the staff side for regularization of all casual labourers would be considered after considering various Supreme Court judgements.

10.     FILLING UP OF EXISTING VACANT POSTS
Decision:  – Since there is no ban on recruitment, vacancies can be filled up. Instructions in this regard will be issued once again.

11.     UPGRADATION OF THE POSTS OF LOWER DIVISION CLERKS TO UPPER DIVISION CLERKS

Decision: The demand of the staff side would be considered in consultation with other Ministries.

12.   GRANT OF ONE TIME RELAXATION TO THE CENTRAL GOVERNMENT EMPLOYEES WHO HAVE AVAILED LTC-80 AND TRAVELLED BY AIR BY PURCHASING TICKETS FROM OTHER THAN AUTHORIZED AGENCIES

Decision: - The proposal of Ministry of Defence in this regard is under examination of DOP&T

13.     GRANT OF ENTRY PAY RECOMMENDED BY 6TH CPC TO THE PROMOTEES UNDER THE PROVISION OF CCS (RP) RULES 2008.

Decision: -    The Judgment of Chennai CAT and Principal Bench New Delhi would be examined by DOP&T and Department of Expenditure.

14. REIMBURSEMENT OF ACTUAL MEDICAL EXPENDITURE INCURRED BY THE EMPLOYEES IN A RECOGNIZED HOSPITAL.

Decision: -    A separate meeting would be held by the Health Ministry with the staff side to discuss this demand.