Regularize the services of casual labourers by absorbing them against vacant posts of MTS as one time measure

Minutes of Standing Committee Meeting Held on 3.5.2017 between NC JCM Staff Side and the Official Side under the Chairmanship of Secretary

S. No. 29 – Regularize the services of casual labourers by absorbing them against vacant posts of MTS as one time measure

Establishment Division had through their letter dated 10.01.2016 clarified that no such propOsal from Ministry of Defence was pending with DoPT and no scheme on the hnes of the scheme of-1993 was under consideration.

It has been further stated that the judgment of the Constitution Bench in the Urna Devi case bars any regularisation of individuals not selected through a prescribed selection procedure. Therefore, only those casual labours may be regularised who are covered under the 1993 scheme.

Staff-Side stated that while the Urea Devi judgment is clear and the instructions have-been issued-by DoPT there are cases where the casual labourers have ot completed 10 years on the date of judgement. The Staff-Side said that the recruitment procedure adopted while engaging the daily rated workers was one and the same for regular employment especially those kept for erstwhile Group-D functions.

Therefore, they cannot be said to be backdoor entrants. This apart, they added that such recruitment on purely temporary basis was necessitated and initiated due to the all-pervading ban imposed by DoPT in 2001 and continued for almost nine years. Therefore, they said that it is necessary that the DoPT should prepare a scheme by which the quality of employment is maintained as also regularisation of persons who have served the government for such long period of time does take place.

They also added that these appointments were against regular and permanent vacancies and the Supreme Court judgment in the case of Uma Devi does not debar the government from considering regularization of such cases. As they were working in Government establishments, their condition needs to be appreciated.

JS(E) stated that Establishment Division would look into this matter in view of the position explained by the Staff-Side.

{Action: Establishment Division (DoPT)

Click to view agenda discussion points

S.No. 2  – Include Grameen Dak Sewaks within the ambit of 7th CPC

S.No. 3 – Settle all anomalies of the Sixth Central Pay Commission

S.No. 4 – No Privatisation PPP or FDI in Railways and Defence Establishments

S.No. 5 – No corporatization on Postal Services

S. No. 6 – No ban on recruitment/creation of posts

S.No. 7 – Scrap PFRDA Act and reintroduce the defined benefit statutory pension scheme

S.No. 8 – No outsourcing, contractorisation, privatisation_of governmental function

S.No. 9 – Regularise the Existing Daily Rated/Casual and Contract Workers

S.No. 10 – Revive JCM functioning at all levels as an effective negotiating forum for settlement of demands of the central Government employees

S.No. 11 – Remove the arbitrary ceiling on compassionate appointments

S.No. 12 – Ensuring five promotions in the service career

S.No. 13 – Non-implementation of the decision taken in the 46th National Council (JCM) Meeting

S.No. 14 – Reduction of one day Productive Linked Bonus PLB to the employees of OFB & DGQA

S.No. 15 – Grant of one time relaxation to the Central Government employees ho have availed LTC-80

S.No. 16 – Grant of House Rent Allowance to the employees who have vacated government quarters

S.No. 17 – Restoration of interest-free advances withdrawn by the Government based on 7th CPC recommendations

S.No. 19 – Grant of 3rd MACP in GP 4600 to the Master Craftsmen (MCM) of Defence Ministry

S. No. 20 – Carrying forward of Earned Leave by Defence Industrial Employees on transfer

S.No. 21 – Reimbursement of actual medical expenditure incurred by the employees in recognized hospitals

S.No. 22 – Dental Treatment in private hospitals recognized under CGHS CS(MA) Rules, 1944 for CS(MA) beneficiaries

S.No. 23 – Review of the income criteria for the dependent parents of government employees

S.No. 26 – Removal of ambiguity in fixation of pay of re-employed ex-servicemen

S.No. 28 – Extension of the benefit of bonus calculation ceiling enhancement of Rs. 7000/- to Gramin Dak Sevaks (GDS)

S.No. 29 – Regularize the services of casual labourers by absorbing them against vacant posts of MTS as one time measure

S.No. 30 – Fill up all vacant posts including promotional posts in a time bound manner