DOPT Order 2014: Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

TIME BOUND

No. 33011/1(s)/2014-Estt-B -(I)
Government of India
Ministry of Personnel, Public & Grievances and Pensions
Department of Personnel & Training

Dated the 10th February, 2014.

OFFICE MEMORANDUM

Subject : Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

The undersigned is directed to intimate that the Confederation of Central Government Employees and Workers have given notice that the members of the affiliates of these Confederation will go on strike on 12th and 13th February, 2014 in pursuance of their Charter of Demands.

2. The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department's OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).

3. A Joint Consultative Machinery for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.

4. The Central Government Employees under your Ministry/Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon'ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may be entrusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

5. In case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.

Sd/-
(Sanjiv Shankar)
Director (E-II)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/33011_1s_2014-Estt.B-I-10022014.pdf

Cabinet Approves Amendment to Rights of Persons with Disabilities Bill 2014

Press Information Bureau 
Government of India
Ministry of Social Justice & Empowerment

07-February-2014 20:46 IST

Cabinet Approves Amendment to Rights of Persons with Disabilities Bill 2014

The Cabinet on 6 February, 2014 approved the proposal of the Department of Disability Affairs to incorporate amendments in the proposed Rights of the Persons with Disabilities Bill, 2014, which are:-

- Definition of person with disability in terms of interaction with barriers also;

- High support needs person enabled to take independent and inform decision also;

- Definition of low vision will be notified by the Government;

- The appropriate Government to take necessary steps to ensure reasonable accommodation for persons with disabilities;

- No person with disability will be discriminated on grounds of disability;

- Appropriate Governments to ensure that the persons with disabilities enjoy legal capacity on an equal basis with others, in all aspects of life to have equal rights as any other person before law;

- Recognizing legal capacity of person with disability, limited guardianship would be the norm, to enable the person with disability to take joint decision with legal guardian;

- Person with disability would also have the right to appeal against the decision of appointment of legal guardian;

- Disability Certificate to be valid across the country;

- Educational institutions funded and recognized will have to provide inclusive education for children with disability;

- The appropriate Governments to constitute to expert committee with representation of persons with disabilities for identification of posts for Government employment for persons with disabilities;

- Review period shortened from 5 years to 3 years in case of identified posts;

- 5 per cent vacancies reserved for persons with disabilities will be computed against the total number of vacancies in the cadre strength;

- National Commission and State Commission will have power to exempt any post in an establishment from the purview of reservation for persons with disabilities;

- For greater coverage and employability in Government sector, the appropriate Governments to prescribe relaxation for upper age limit for employment of PwDs;

- National Commission shall formulate and enforce regulations.