DoPT Order 2019 - All India Strike on 8th and 9th January, 2019 - Instructions under CCS (Conduct) Rules, 1964
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No.450 18/ 1 /20 17-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 08th January, 2019
Subject: All India strike for 08th and 9th January, 2019 - Instructions under CCS (Conduct Rules), 1964 - Regarding.
It has been brought to the notice of the Confederation of Central
Government Employees and workers has decided to observe two day strike
on 8th and 9th January, 2019 to protest against NPS and certain 7th CPC
issues.
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.330 12/
I/(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 strike, and ensure that the willing employees are
allowed hindrance free entry into the office premises.
4. In case employees go on strike, 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 strike i.e., 08.01.2019 and
09.01.2019.
(Juglal Singh)
Deputy Secretary to the Govt. of India
011-23092338
To
EO&A S/ A S(S& V)/J S(Vig.)/ J S(Trg.)/J S(E)/Secretary( PESB)/PS to M OS(P P)/PSO to Secretary(P)
All Officers/Sections (including PESB) of Department of Personnel & Training.
Copy also forwarded for necessary action to:
1. Secretary, Central Vigilance Commission, New Delhi.
2. Secretary, Union Public Service Commission, New Delhi.
3. Secretary, Staff Selection Commission, New Delhi.
4. Secretary, Department of Administrative Reforms & Public Grievances, New Delhi.
5. Secretary, Department of Pension & Pensioners' Welfare, New Delhi.
6. Director, Institute of Secretariat Training and Management, New Delhi.
7. The Chief Security Officer, MHA, North Block.
8. The Commandant, CISF with the request to ensure strict vigil on all
the gates and if necessary deploy extra security personnel for the
purpose.
Source: DoPT
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