Tuesday 21 October 2014

UPLIFTMENT OF GROUP B GAZETTED CADRE BY NDGBGOA

To
All the JWM’s and members of NDGBGOA.

                 Sub: NDGBGOA struggle for uplifting the JWM cadre status and prospects.
Dear Friends,
As per the discussions of the GS/IOFGOA on several occasions in different places with NDGBGOA Office bearers, our Association had taken a forward step to coordinate all the four Associations for the common cadre related issues. NDGBGOA had taken a perspective step to fight jointly with OFB and MOD to solve the legitimate demands of the entire cadre and called joint meeting at OFBA to discuss and to reach a common point agenda.
In the interest of the middle management cadre only NDGBGOA had taken the above responsibility. The way OFB had proposed pay scales to CM and JWM cadre in their 7th CPC proposal is going to be affected adversely to the entire cadre. Instead of coming forward the entire matter was politicized by IOFGOA in their published letter in the IOFGOA website and copy sent through e mail to NDGBGOA. Entire cadre (CM, JWM, PS and Sr. PS) are well aware that the way pay scales/GP are implemented in the 6th CPC and the way   injustice was done to the entire cadre. However it is our prime responsibility to bring the facts to the notice to the entire cadre.

1.           Our Association had written several letters to MOD regarding several cadre related issues. General Secretary and other Office bearers of NDGBGOA visited MOD and discussed the cadre related points with Secretary and Jt. Secretary of MOD.  Due to the continual efforts of NDGBGOA Ministry had agreed for a joint meeting with OFB. On 24.10.2013 for discussing the cadre points. Subsequently a joint meeting was organized at OFB under the chairmanship of Smt. Kusum Singh ji, Joint Secretary/Ministry of Defence and with OFB officials. In the meeting elaborate discussions were taken place on several cadre related issues. In the meeting NDGBGOA requested   Jt. Secretary /MOD to call a joint meeting with both the Associations i.e. NDGBGOA and IOFGOA to solve the pending/burning cadre related issues. On our systematic efforts only on 22.01.2014, a joint meeting was held with MOD and OFB officials at OFB and both NDGBGOA and IOFGOA Associations were called for the meeting.

2.           Due to the efforts and struggles of the NDGBGOA the joint meetings are started with OFB and MOD. The way OFB had submitted the 7th CPC proposal was seriously condemned by NDGBGOA on 01.09.2014 meeting. Our Association had also pointed out the way SAG scale recommended to apex scale by comparing with 5th and 6th CPC’s and with other departments and also pointed out that whereas JWM’s are having more GP in 4th CPC (RS 2375 for JWM erstwhile FM and AWM RS 2200) the same was not reflected in the OFB 7th CPC proposal. For other points like cadre review proposal, transparent transfer policy and separate forum for JWM etc. also OFB had not reacted properly. The way OFB discussed the points shows in the meeting that OFB is not interested to solve the   legitimate demands of the entire middle management cadre. The meeting was concluded within half an hour without addressing all the points by DGOF and Chairman/OFB. Then only NDGBGOA had decided and immediately given protest note and demanded for separate meeting after coming out from the meeting.
3.           It is also known fact that due to failure of the recognized associations approach in the previous pay commissions (4th CPC, 5th CPC and 6th CPC) our cadre had not got   the justified pay scales {in 4th CPC JWM erstwhile FM pay scales is RS 2375 and  for AWM  RS 2200, in 5th CPC the JWM pay scale was recommended as RS 7450 and brought down below to AWM pay scale i.e. RS 8000, in the 6th CPC the same anomaly  was  continued and JWM GP was further degraded by merging the Group B Gazetted post with Group B Non- Gazetted post}. The NDGBGOA had submitted the dogmatic pay structure and properly elevated   the pay scales of the JWM cadre in the 7th CPC, comparing with previous pay commissions and demanded to keep the JWM pay scale above to AWM pay scale with proper justification and the same was published by the branch associations of NDGDBGOA in the respective factories.
Our NDGBGOA had filed the following different court cases.
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 a 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.Velaudhan, 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.

                    It is revealed with the way IOFGOA written letter that either they are not aware the recognition rules and regulations of the ASSOCIATIONS nor they are not interested to fight for the middle management cadre.
 Shri Choubey the then GS/AIANGO had written letters to MOD and OFB for continuing JWM’s in the AIANGO Association. The NDNGSA had also taken up the matter with MOD and OFB for continuing the JWM’s and CM in one Association. In this regard MOD and OFB had not agreed and stated that as per the Recognition rules both are distinct category and not supposed to continue in one Assn.
Now GS/IOFGOA is writing that the integration of four Associations. When once the same was not agreed by OFB and MOD again raising the same issue is nothing but ……….., however we are leaving the same to his wisdom only.
After taking lot of efforts the JWM’s of NDNGSA had decided to form a new Association. After systematic approach with the members and previous work of NDNGSA the JWM cadre had supported to NDGBGOA and ultimately within a span of one year NDGBGOA had got MOD recognition against the letter no. 4(7)2012/US(G)/962/d(JCM)/2013 Dated 5th July 2013.        
But whereas some of the merged JWM’s of AIANGO are not in a position to form a new Assn and entered through back doors in the IOFGOA (old) Association GB meeting at Jabalpur by sabotaging the senior office bearers of that assn and captured the IOFGOA (existing) Assn.
History will be never change. The way GS/IOFGOA letter shows that, he is so innocent and not having any responsibility for the degradation of entire cadre.  All the members and especially senior JWM’s are very well aware that the way systematic victimization was done to this entire cadre in the previous pays commissions. It is well known fact that in the JWM cadre only the posts are merged in the 6th CPC. But whereas posts like Matron and Hindi Officer pay scales are elevated to RS 5400 those were at 6500 in 5th CPC.
In 2010 after implementation of 6th CPC, IOFGOA had filed at Court case at CAT, Jabalpur O.A. No.776 of 2010 (against the merger of AF and JWM posts and higher GP for senior JWMs) and the contents of the case is as follows:
In the O.A the IOOFGOA prayer is that
                     i.            to direct the respondents to implement the revision of pay rules in respect of JWMs working in the Ordnance Factories of India in letter and spirit.
                   ii.            To direct the respondents to grant pre-revised pay scales of RS. 7500-12000 and the corresponding pay Band PB-2 and grade pay of RS 4800 to JWMs;  and after a period of 4 years to grant them pre-revised pay scale of Rs. 8000-13500/- with all consequential benefits including difference in the arrears of pay with 18% interest as per recommendation in Annexure A-6.
                  iii.            To direct the respondents not to merge the post of AF which is a Group-C Supervisory post with the post of JWM, this is a Group-B Gazetted ministerial post.
The way IOFGOA prayer clearly reveals that AF  are Group-C Supervisory post and they need not to be equated with Group B Gazetted ministerial post  without knowing the meaning of ministerial cadre.
                Ultimately they could not succeed the Court case and the Hon’ble CAT, Jabalpur not accepted the plea of IOFGOA and case was lost/dismissed.

                GS/IOFGOA had written in his letter regarding merging of the Associations. The NDGBGOA is not having any objection that if IOFGOA Office bearers resign their posts or abolishes their Association and join in the NDGBGOA as a member. But NDGBGOA sincerely request that ‘fight for the cadre’ and our sincere request that please don’t make a path to repeat the past (injustice done for the entire cadre in 4th, 5th and 6th CPC’s) history   in the 7th CPC also.
With the above we honestly request to entire Group B (Gazetted) cadre that they should be more vigilant for not to repeat the previous history to our cadre (the way FM was re-designated as JWM by removing OT and bonus, non-filling of JWM to AWM legitimate promotion quota from 2002 onward and systematic victimization by degrading the cadre and giving less pay packages from 4th, 5th and 6th CPC etc.) and request to co-operate to NDGBGOA for achieving the better pay packages please.

(JAIGOPAL SINGH)
General Secretary/NDGBGOA


Copy to:
1) General Secretary/IOFGOA                        }
2) General Secretary/AIANGO                   }              for information please.

3) General Secretary/NDNGSA                  }