Submission of agenda points for JCM scheduled for Sept 2016 but will be held in Oct 2016.

F. JCM (Sept-16) /KEVINTSA/Agenda/16-17/                         Date: 14.10.2016

To

The Jt. Commissioner (Pers.) & Member Secretary – JCM

Kendriya Vidyalaya Sangathan                                       e-mail only

Headquarter. New Delhi.

Sub.: Submission of agenda points for JCM scheduled for Sept 2016 but will be held in Oct 2016.

Ref.: F.11083-1/2016-KVS(HQ)/Admn.-I dated 14.10.2016.

Sir,    

          On the above subject the agenda points proposed for the forthcoming JCM is as below is hereby submitted with protest for imposition of restriction of 10 points. Since KVS failed to address several grave issues pending since long this restriction is highly objectionable and against RSA Rules 1993. The most important 13 points thus submitted with protest with the hope for “effective deliberation” at your end, please. First ten points are to be taken compulsorily and additional three points has been added for kind consideration.

S.No	Agenda points	Justification
01.	Cadre Review of Non-teaching posts in KVS	No comprehensive Cadre restructuring of non-teaching posts has been done in KVS in last 53years. In KVS there is No work study conducted or no staff sanctions norms has been prepared or no duty distribution norms have been prepared in scientific manner as per the norms adopted by DOPT. Even if some norms prevails, that too, prepared by the group of officers without consulting with any Service Association. KVS is an organisation whose origin is Kendriya Vidyalaya(s). Most of the policies cannot reach its ultimate due to lack of proper participation from every sphere of employee in KVS. Urgent requirement of work study and cadre review is required as per DOPT order during 6th CPC and thereafter. Government of India has issued instruction to all the Secretaries of Ministries to forward the proposal for Cadre Review. KEVINTSA has already submitted its comprehensive proposal to Shri G.K.Srivastava, Addl Commissioner (Admn.) and the same has again been sent to Commissioner, KVS on 30.09.2016 and 08.10.2016 but no response till date has been received on action taken on the issue. So KEVINTSA propose to take up the issue to arbitration as per proviso appended in Clause 14 of Appendices XLII (B) of KVS Education code.
02	The issues discussed during last two or more JCM and forcibly dropped may please be taken to Compulsory arbitration as per proviso appended in Clause 14 of Appendices XLII (B) of KVS Education code. KEVINTSA demand these Six issues to be transferred to arbitration.	1.   Changing of Recruitment rule of non-teaching posts at par with DOPT norms as decided during 103rd BOG dated 30.11.2015 appended in Article 6(2). But the RR for the posts of LDC, UDC, Assistant and Section Officer are not been prepared / changed at par with DOPT till date. The same issue has been taken up five consecutive JCMs but of no use. So the matter may be taken up to arbitration as per RSA Rules of KVS appended in Article 14 Appendix XLII (B) of KVS Education Code. Similarly issues other long pending issues viz. 2.    Cadre review of KVS Non-teaching posts which has not been done since inception. 3.   Sanction of posts of Library Assistant in KVS for Libraries of KVs. The decision taken during 96th BOG vide Clause 7(6) held on 28.01.2014 should be implemented but not been done even after discussing the matter in JCM. 4.   Award to the non-teaching staffs which has been discussed and decided during the JCM dated 27.08.2015 and during pre-JCM dated 15.09.2015 has not been implemented. 5.   Non-circulation of duty hours of non-teaching staffs. 6.   Remittance of Membership dues as deducted at KVs/ROs/HQ level should be credited directly to KEVINTSA Account has been agreed during 27.08.2015-JCM and Pre-JCM dated 15.09.2015 but not implemented. 7.   Deputation in KVS has been used as a weapon by KVS authority particularly by the Deputy Commissioners of various Regions. The Regional Office bearers are being harassed by deputing the non-teaching staffs 200 to 300kms away. Instances has been shown from Bhubaneshwar RO and Raipur RO. Since the matter has been taken up in certain JCMs but due to disagreement on both sides the matter may be taken up to arbitration. is also requested to be taken up to arbitration.
03	Sudden Change of maintaining  Cash Book from Manually to Tally ERP 9 and now again to Shala Darpan financial module(Online mode)	As per KVS HQ Instruction.: KVS HQ Letter No. 1-2/2015-KVS (JC-Fin) dated 06.04.2016 KVS has directed to maintain Cash Book of the Vidyalaya through Financial Module of Shala Darpan. 1.   Shala Darpan Financial Module is an online process and required at least 2.0 to 4.0mbps upload speed to operate properly. Whereas most of the KVs having BB connectivity with .30 to .70 mbps download /uploading speed. 2.   When after regressive exercise KVS has imparted training on Tally ERP 9 after two years from 2013-15 and now Shala Darpan is imposed. 3.   Most of the UDC/LDCs handing Accounts across the country are not very affluent on computer. Handling Accounts on computer without having Accounts back ground is very tough for them. 4.   The prime responsibility of maintenance of Accounts – Power & function has been conferred to Principals whereas the Principals are not being imparted training either on Tally or on Shala Darpan Financial Module who is going to approve each and every transactions. 5.   In KVS work of Accounts has been entrusted upon UDCs but financial power has been given to Principals/ACs/DCs. The DDOs are not having the knowledge of financial operations. Thus audit paras are multiplying. Necessary remedies have been suggested in the proposal submitted by KEVINTSA to Cadre review committee.
04	Non responsive attitude about the correspondences made by General Secretary KEVINTSA- Sheer violation of Article 66A of Manual of Office Procedure developed by DOPT.	With heavy heart KEVINTSA is compelled to comment that apparently democracy prevails in KVS but factually reality is just contrary to it. Recognized Service Associations, who are the representatives of the Staff side are allowed to give their views but actions on their views are never been taken. As per Article 66A of Manual of Office Procedure framed by DOPT every letter from Recognized Service Association ought to be acknowledged within 15 days and replied within 30days of their receipt. But actually most of them are not replied and even if replied that takes about 5 to 6 months. Unless grievances are redressed or rather addressed there is no point for mere meetings and assurances. Neither appointments nor reply is being received from KVS side on any issue. Till date from last JCM 20 letters has been sent but not a single reply has reached us. Seventh CPC has been implemented in all Central Government departments but KVS employees are feeling alien to the issue. KVS Authorities never even bothers to intimate the issue and feedback.
05	Separate Internal Audit Section is demanded to be opened in KVS	1.   The entire audit works in Kendriya Vidyalaya Sangathan is being executed in two stages first through Accountant General of India on PAYMENT of Requisite Fee to Auditor General of India and another through the Internal Audit team of various Regions and HQ. There is no separate Internal Audit section in KVS. 2.   Only due to poor job allotment in KVS the Assistants/UDCs of nearby KVs/ROs are hired for the important job. 3.   Due to the unavailability of proper work study in KVS for any non-teaching posts the UDCs/Assistants have to complete all his scheduled works in addition to the additional Audit works. 4.   The Auditors also need to be trained with updated rules through ISTM trainings. These training are rarely being imparted by KVS.
06.	Reclassification of stations in KVS RO Kolkata as Kolkata station is spread over 150 Sq Km	1.   As per the Transfer Guidelines of KVS entire KVs/ ROs/ZIETs/HQ is divided in certain Stations. 2.   As per KVS transfer guidelines there are two types of Transfers viz. Inter Station and Intra Station being done. 3.   As per KVS Transfer guidelines the Station like Kolkata with Station code 160 is having 17 KVs under it. But as per geographical location of KVs the two ends of KVs like KV IIM Joka, KV Garden Reach and KV Kankinara, No1 & 2 Kanchrapara are about 150Kms apart. So, Kolkata Station has been decided to be divided in three separate stations as decided in the Regional JCM of Kolkata Region and forwarded to KVS HQ. 4.   The proposed three stations are a.   KV- Garden Reach, KV IIM Joka b.   KV- No.1, No.2 Kanchrapara and Kankinara and Bandel (proposed). c.    KV – Santragachi and Bamangachi. But till date no action has yet been taken on the letter of DC KVS RO Kolkata.
07	Deliberate delay in disbursement of Pensioner’s dues – inaction on the part of KVS	Even after reporting the case of deliberate delay in disbursement of Pensioner’s dues by Principal, KV Island Ground, Chennai vide letter dated 19.06.2016 to DC- KVS RO Chennai no action has been taken. Then letters dated 27.06.2016 and 27.08.2016 has been dropped to Commissioner, KVS, Jt. Commissioner (P), Jt. Commissioner (Admn.). But no response has been reported on the issue till date. But for the similar nature of offence one Finance Officer, KVS RO Lucknow has been put under suspension. The mode of punishment should not vary with the post. KEVINTSA also demand penal interest for the period of delay in releasing the amount by the Principal.
08	Deliberate use of CCTVs in KVS for breaching personal freedom of staff members	The prime aim for installation of CCTV in Kendriya Vidyalayas out of VVN is being done for the Safety of the students. Under AEO(P) Scheme KVS has issued letter vide letter No. KVS HQ Letter on installation of CCTV in KVS No.11029/16/2014-KVS/Acad/Student’s Safety/ AEO (P)/ dated by 22.12.2014 to ROs for implementation of the same. But this is wrongly used as a weapon for victimizing their staff members. The KVs like KV2 Ajmer, Rajasthan, KV No.1, Gwalior, KV No.1 Tirupati, KVS RO Hyderabad, KVS RO Ahmedabad had installed CCTV in office. This is breaching freedom of the staff members. The female staff are also facing awkward situation. Against the decision a case was filed at CAT Ernakulum and verdict clearly pronounced the fact that the freedom of the staff cannot breached. CCS (Conduct) Rules GID (1) to be read under Rule 3(c) or unaware of the verdict given by Hon’ble CAT Ernakulam regarding installing CCTV camera in Office. This is notwithstanding the fact the observations of the Hon’ble CAT and Hon’ble High Court of Kerala in the matter, inter alia, of installation of CCTVs at KV I, Calicut and also several decisions of the Hon’ble Courts have held that the fundamental rights/privacy of an individual, including at work place cannot be breached. The installation of CCTV in Staff rooms, Office and Regional Offices should be stalled immediately. Secondly the footage captured with the CCTV should be seized immediately which may bear the awkward position of the female staffs. Thirdly the CCTV leakage footage already captured may be used for breaching the secrecy of the school administration which being DDO he/she cannot overlook. Blatant misuse of closed circuit TV (CCTV) cameras installed in retail shops, hotels and public places is a "de facto norm" in India but putting a CCTV in Office and Staff room where Lady Staff works and sit for relaxing is breaching their freedom and secrecy. For the offence, cases of which are multiplying on a daily basis in certain KVs/ROs, one may be constrained to take legal recourse under section 66E of the Information Technology Act, 2000.
09	Allowing points in Transfer count to National / Regional JCM members in accordance to extent RSA Rules 1993.	As per the existing proviso of RSA Rules 1993 the transfer Count will help the JCM members to reach at Central Places as per the proviso of RSA rules. In lack of the same requests are being sent to Commissioner, KVS but never been accorded. When there is clear rules in RSA norms there time should not be wasted in forwarding the prayers of transfer, that too, are not being granted.
10	Rule 7(iv) of Part A of the Admission Guidelines the local transfer of the wards of KVS should be allowed exemption as there prior to 2010.	1.   As per Rule 7(iv) of Part A of the Admission Guidelines the local transfer of the wards of KVS should be allowed only after getting the permission of the Deputy Commissioner of the region. 2.   The Deputy Commissioner, KVS used to accord the permission for local transfer after going through the vacancy position of the Class of the school to which the transfer has been sought. 3.   As per Part B Special Provision of KVS admission guidelines the “Children and grandchildren (children of son or / and daughter) of serving and retired KVS employees” has been privileged with the facility of admission to any KV irrespective of class strength. So there is no limit to get the admission of KVS wards to any KV of his/her choice. 4.   Local transfer of students in KVS is done during the month of July every year. 5.   The transfer of KVS employee (Inter/Intra Station) being done during June and July only. 6.   During this period consequent upon transfer or other reasons KV wards are also kept awaited for months together for the order and KVS employee have to bother for their wards rather than putting his full attention to KVS job after transfer to new places.
11	Interest Free Laptop advance to Non-teaching staffs. The matter has been decided at Pre-JCM dated 15.09.2015 but no action has yet been intimated to be taken from KVS side till date	1.   On implementation of “digital India” as guided by Hon’ble Prime Minister of India, computer aided official work has increased manifold. This is a step ahead to develop KVS as a “Smart Organisation”. 2.   KVS Non-teaching staffs have to handle all the correspondences regarding teaching learning, other academic, Administrative and Accounts related works. 3.   KVs in KVS function upto 7.30am to 1.40pm and every non-teaching staff have to stay in KVs till 2.40pm – 3.00pm where as Regional Offices and Headquarter function from 9.30am to 5.30pm. So, all the letters coming after 2.40 or 3.00pm or even thereafter are being replied from home under the instruction of Principal. 4.   The non-teaching staffs of KVS are the lowest paid employee in KVS due to poor work study and other factors. 5.   So, a computer at home is very essential to deliver the work on time, for KVS.
12.	Non-implementation of Court’s verdicts – KEVINTSA is constrained to file contempt petitions and fresh petitions before court of law.	Two court cases for which honorable CAT Ernakulam has pronounced its valuable verdict, the implementation of which has been kept pending by KVS, at various level. Employees are the ultimate sufferer. 1.   Verdict while disposing OA 1028/2012 – verdict pronounced on 18.09.2015 – Grade Pay of LDCs/UDCs who has rendered 24/12years of Service in KVS. KEVINTSA was constrained to file contempt case. 2.   OA 60 /2008 filed by KEVINTSA at CAT Ernakulam the decision given by Hon’ble CAT in 2009 in favour of justice but KVS further appealed the case at Kerala HC through Writ Petition(Civil) 8495/2009 which has been dismissed on 24TH DAY OF MAY 2016 by Hon’ble High Court of Kerala but action is still pending. KEVINTSA may again be constrained to file contempt case.
13.	Special Allowance to the non-teaching staff members for works of additional and occasional nature	The non-teaching staff members working in venue KVs of Regional, National Sports, Yoga, Social Science Exhibition, Science and all other Meets and duties related to Scouts Camp duly sponsored by KVS should be given an honorarium as the employee were compelled to stay in school even after their regular duty hours. They have to handle additional correspondences for the additional and occasional nature of works. Guidelines for payment of Honorarium under FR 46 (b) have already been laid down inter alia vide this Department's OM No. 17011/9/85- Estt. (AL), dated 23.12.1985 and OM No. 17020/1/91- Estt. (AL), dated 18.11.1991. KEVINTSA demand a lump sum honorarium to the KV for the above works. Since though temporary nature they are also occasional and intermittent in character.

                                                                                               

                                                                                     GENERAL SECRETARY