NJCA protest against NPS on 13th March 2019 – DoPT Instruction
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 05th March, 2019
Subject: Proposed Nationwide Dharna/Demonstration by National Joint Council of India (NJCA) on 13th March, 2019 against National Pension Scheme (NPS) – 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 Dharna/Demonstrations in front of Jantar Mantar, New Delhi and all across the country on 13th March, 20 19 in order to protest against New Pension Scheme (NPS).
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(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/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 wi lIing employees are allowed hindrance free entry into the office premises.
In case employees go on Dharna/demonstration, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of Dharna/demonstration, i.e., 13.03.2019.