GOVERNMENT OF
INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK, NEW DELHI-110001
Dated the 15th February,
2013
MANOJ JOSHI
Joint Secretary (AT & Admn.)
D.C. No. 33012/1(s)/2013-Estt-B
Dear Sir/Madam,
The Joint Platform of Action of Government and Associate Services
Employee’s Organizations — All India Committee has given a notice that the
affiliated organizations of JPA and the mass of employees working in Government
services throughout the country will boycott work and resort to various forms
of protest action on two days Nationwide General strike on 20th& 21st
February, 2013 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 CM No. 33012/1(s)/2008-Estt (B) (pt) dated 1
2th 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 co-operation 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.
With kind regards,
Yours sincerely,
S/d-
(Manoj Joshi)
S/d-
(Manoj Joshi)
Joint Secretary (AT & Admn.)
DOPT OM
dated 12-9-2008 : Participation
In any form of strike/mass casual leave/boycott of work etc. by Government
servants – CCS(Conduct) Rules-DOPT Instruction dated 12-9-2008
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