DoPT: All India Protest Day for 26th November, 2018 – Instructions under CCS (Conduct Rules), 1964
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 12th November, 2018
Subject: All India Protest Day for 26th November, 2018 – Instructions under CCS (Conduct Rules), 1964 – Regarding
It has been brought to the notice of the Government that National Movement for Old Pension Scheme (NMOPS) has decided to observe ‘Gherao of Parliament House’ on 26th November, 2018 in order to demand withdrawal of New Pension Scheme (NPS).
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 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 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 law. Any employee going on strike 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).
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 protestlGherao, and ensure that the willing employees are allowed hindrance free entry into the office premises.
4. In case employees go on protest/Gherao, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty in the day of protest/Gherao, i.e., 26.11.2018.