Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 18th September, 2018
Subject: All India Protest Day for 19th September, 2018 – Instructions under CCS (Conduct Rules), 1964 – Regarding.
It has been brought to the notice of the Government that National Joint Council of Action (NJCA), New Delhi has decided to observe “All India Protest Day” on 19th September, 2018 in support of the following issues:
i. Upward Revision of Minimum Wage and Fitment Formula,
ii. Scrapping of the New Contributory Pension Scheme; and
iii. Allow Option No. 1 as one of the Pension Fitment Formula.
2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow 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(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. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also ruled 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. 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).
3. 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 protest, and ensure that the willing employees are allowed hindrance free entry into the office premises.
4. In case employees go on protest, all Divisional Heads are requested to forward report indicating the number and details of employees, who are absent from duty on the day of protest, i.e., 19.09.2018.
Deputy Secretary (JCA)