Sunday, 12 August 2018

GOVERNMENT STAFF UNIONS: MERE SYCOPHANTS OF EXECUTIVE GOVERNMENT OR FOR EMPLOYEE BENEFIT?


Government Staff Unions/Associations should not be mere sycophants of Executive Government but should stand always for the common benefit of members.

To start with the subject, I am quoting an observation of the Central Administrative Tribunal, Mumbai Bench while dismissing my individual MACP case O.A. No.145/2013 dated 16-04-2013 (Appeal was admitted by Bombay High Court and pending before it for final hearing) :-

“ Para 11.             The applicant has also challenged the competence of D.O.P.T. to issue the OM declaring date of effect of M.A.C.P benefit. However, neither the staff side nor the Union ever raised this question before subjecting themselves to the Joint Meeting that DOPT did not have any authority to declare the date of effect of MACP Scheme.
……..
Para 13.                ……. Moreover, it is evident from the minutes of meeting of the National Anomaly Committee that the Staff Side has been advised to reconsider their demand for giving effect to the MACP Scheme from 01.01.2006 in view of practical difficulties as mentioned in the Record Note of 17.7.2012”. And it was the end of the issue. (For details of my pending Appeal before the HC, go to my blog: https://www.centralemployeesnews.manjaly.net/2018/04/macps-effective-date-sixth-cpc.html)

But now these same Unions and Staff Associations are trying to take credit for the implementation of the same in the Defence Ministry because some of the retired Army Jawans filed the same issue through their Armed Forces Tribunal and the Supreme Court. (In Civil side except me I do not know anybody else took up the matter). The Unions are now busy with sending demand letters to ministries etc. to implement the decisions of the Supreme Court as if it is achieved because of their effort. Such tricks were played by them in the past also. One such example is the demand to declare the periodical D.A. In the past, there was a ritual before the Parliament House at the starting of each Session. There would a Morcha and shouting slogans demanding D.A. and as normal, it would be declared. Then the celebrations for achieving the great demand. Even otherwise also it would be declared. But disappointing them, a later Pay Commission fixed the effective date of D.A. as 1st January and 1st July. So now that annual ceremony is discontinued.

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Similarly, such an incident happened in my own case in CAG/IA&AD departmental case. When in CAG Office Accounts and Audit department was bifurcated into two, posts were not equally graded. Accounts were treated little below grade. Similar to this MACP case, then also I filed a case for equality. In that my personal as well as non-personal issues were also involved. One such issue was that in Account side, Supervisor post was retained whereas in Audit side it was not there. To frustrate my case, just before the final hearing, in Audit side also it was introduced. The file movements were known to the association members. Though the decision was not published, immediately they started demanding supervisor post in Audit side. And within one month the order was published. In the final hearing then I withdrew that claim for being already implemented. At that time many of my moral supporters told me to make an announcement in this regard in the form of a circular to counter the claim. Then my response was that my purpose is achieved. Then why should respond to such activities. As a result of the case being a general order, Junior Senior anomalies comparing with both the Accounts/Audit departments were also remedied, though I got minimum benefit because of my promotion. Only one simple individual benefit I got was arrears of Travelling Allowance based on my revised pay because that order was only applicable to me individually. All other benefits were common to all. The present MACP case also I made out as an individual and common case.

What I want to stress is that, Union or Association is good if working properly and for the benefit of employees. Otherwise, they work as a tail of Executive.

For full details of my publications – blogs, books, pages, etc. visit my home page: https://www.manjaly.net



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