Not sanction leave for Protest against NPS from March 15 to 30, 2019 – DOPT
North Block, New Delhi,
Dated the 26th March, 2019
Subject: Proposed Protest by Government Employees from March 15, 2019 to March 30, 2019 to protest against National Pension Scheme (NPS) and to demand hike in Minimum pay and fitment factor under 7th Central Pay Commission – Instructions under CCS (Conduct Rules), 1964 – Regarding.
It has been brought to the notice of the Government that a forum by the nomenclature of National Joint Council of Action (NJCA) has decided to organize protest from March 15, 2019 to March 30, 2019 to protest against National Pension Scheme (NPS) and to demand hike in Minimum pay and fitment factor under 7th Central Pay Commission
The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike/protest including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(I) 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/protest.
There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgements that going on a strike/performing any sort of protest is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike/protest in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(S)/2008 Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).
All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed Dharna/demonstration, and ensure that the willing employees are allowed hindrance free entry into the office premises.
In case employees go on protest anytime during the period 15.03.2019 to 30.03.2019, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty during the period of said protest, i.e. from 15.03.2019 to 30.03.2019.