Sunday 19 October 2014

COURT CASE DETAILS OF NDGBGOA AT DIFFERENT BRANCHES

COURT CASE DETAILS OF NDGBGOA AT DIFFERENT BRANCHES

DEAR MEMBERS,

NDGBGOA has formed by the co operation of many sincere JWMs those were serious about the cadre and Organization. Their sincerity and hard work could begin NDGBGOA in the year 2012 and achieved Government recognition in the year 2013 within a span of one year. All the Office bearers were well determined to make the cadre in a respectful position in the organization. Therefore NDGBGOA has started its action plan from beginning of its formation and started submitting memorandum to OF Board in Different vital issues. When important issues were not settled by OF Board, Branches of NDGBGOA were forced to approach Honorable CAT for resolving the issues. It is a real fact that members and Office bearers of NDGBGOA has got a strong determination and clear vision for result oriented work to uplift the cadre and organization. It is informed that most of important court case hearing is in the month of November 2014.The detail position of all the court cases are furnished here for your information.

1.      Pay Fixation of CM  & JWM   (O.A no.-1004/2010) at CAT Jabalpur-
     After merging of cadres, NDNGSA has taken up the Fitment table case at CAT, Jabalpur for CM and JWM. As per 6th CPC Recommendation, Chargeman should be fixed at 6500 X 1.86= 12090 and JWM at 7450 X 1.86=13860 in the Pay Band which was not implemented. As it is a double bench case it is being delayed and the final hearing of the case is on 3RD DECEMBER 2014.
2. Nature of Work of JWMs (OA No-1212/2012 and 1763/2013) at CAT, Madras Bench-     After merging of posts, JWMs were forced by their General Manager to perform the duties of Chargeman without any financial benefit of OTA,NDA and Bonus. In this regard all the branches of NDGBGOA had submitted Memorandum to the DGOF with following demands on 15/05/2012.
a) Clear instruction on nature of work of JWM (whether Managerial or Supervisory).
b) Removal of description MINISTERIAL(Clerical) CADRE from SRO of JWM
c)      Granting OTA, NDA, and BONUS to JWM cadre.
d)     JWM should be placed at grade pay of 5400 in PB III.
e)      Increase in AWM posts for maintaining hierarchy in OFB.
f)       Time scale promotion of JWM.
As OF Board was silent to our important issues, NDGBGOA/CFA Branch had approached to Honorable CAT, Madras Bench (O.A No- 1212/2012). Honorable CAT passed an order on 15/10/2012 and directed OF Board to issue suitable order. OF Board has issued a speaking order on 13/08/2013 in which it has been mentioned that JWM will be HOS (Managerial) as well as shop floor level supervisor without any financial benefit due to Gazetted Officers. After receiving the speaking order from OFB, NDGBGOA/CFA Branch has challenged it in CAT, Madras Bench (OA no- 1763/2013) in the month of December 2013 claiming financial benefit of OTA, NDA and Bonus to JWM cadre. Now O.F.Board has submitted its reply to our O.A no- 1763/2013. Next week it will be submitted at CAT/Madras Bench through Govt. Advocate and we will get the date of hearing after which we will expect an order from Honorable CAT. The final hearing in this case is expected to be completed within two months.

3. Violation of S.R.O 227 Stopping of DR AWM without filling Promotion Quota from JWM to AWM (OA NO-852/2013 and 310/00955/2014 ) at Honorable CAT, Madras  – It is a matter of concern that for a long period OF Board has taken Direct Recruited AWM without granting equal promotion from JWM which is against the S.R.O of Group A cadres. In this regard NDGBGOA/HAPP branch filed the case at CAT Chennai and Honorable Tribunal passed an interim order on 26th June 2013(O.A no-852/2013). As a result OFB has published promotion from JWM to AWM in last year. But without granting exact no of  promotion from JWM to AWM, OF Board has made further advertisement for recruitment of AWM vide Examination notice 6/2014published on 22.03 2014. It is appreciated that NDGBGOA/HAPP Branch again approached the Honorable tribunal. Honorable Tribunal passed an stay order in appointment to Direct Recruitment AWM (O.A.No. 310/00955/2014). The next hearing is on 23rd November 2014.
  
4. Cadre Review of JWMs (O.A.No-871/2013 and contempt case no.310/00083/2014)at Honorable CAT,Madras Bench- NDGBGOA had submitted a detailed cadre review proposal to MOD and OFB. Our Association had demanded Justified Cadre review for JWM cadres at Grade pay of 5400 and 6600. But OFB had recommended contrary to our demands. NDGBGOA/OFT Branch had filed a court case against O.A. No.871/2013 and honorable tribunal passed an order and directed DGOF/OFB for passing an order to the representation and complete within two months. As OF Board was silent spectator towards the Honorable CAT order,NDGBGOA/OFT Branch has moved a contempt application against OF Board (OA.No.-310/00083/2014) as a result DGOF/OFB has called Sri K.K.Velauthan,Secy./NDGBGOA/OFT Branch  for a personnel hearing at OF Board on 17/10/2014 in which he has submitted a representation on Cadre Review which is published in our Blog. The next hearing of the contempt of case is on 19th November 2014.
5. Restoration of one increment for CM and JWM’s ( O.A. No381/2014) at Honorable CAT,Mumbai-
The incremental benefit Granted to Chargeman and JWMs those have promoted from CM-II to CM-I and AF to JWM within 01/01/2006 to 30/09/2008 were withdrawn by OF Board. Regarding this NDGBGOA/AFK Branch was seeking all the information from PC of A, MOD and DOP&T. As the matter was not resolved by OF Board,NDGBGOA/AFK Branch has approached to Honorable CAT Mumbai against O.A. No381/2014.The hearing of the case at CAT Mumbai is on 14th November 2014.
Most of the hearings of our cases are in the month of November and December-2014. Our Association expects favorable order from the Honorable tribunals.
All are requested to convey the above details regarding our court cases to our JWM cadres.

General Secretary

    NDGBGOA