DoPT Order 2019 - All India Strike on 8th and 9th January,
2019 - Instructions under CCS (Conduct) Rules, 1964
MOST IMMEDIATE
OUT TODAY
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
