Entry Pay to DR Appointed on or after 1.1.2006 – Finmin Orders

Entry Pay to DR Appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

[First Check this information before read this order: Structure of Entry Pay in 6th CPC for Direct Recruits]

No.8-23/2017-E.IIIA

Government of India 

Ministry of Finance 

Department Of Expenditure

North Block, New Delhi

 28th September, 2018

Office Memorandum

Subject: CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

The undersigned is directed to invite the attention to the provisions contained in Section-2 of Part ‘A’ of the First Schedule Of the Central Civil Services (Revised Pay) Rules, 2008 which provides for entry pay in the revised pay Structure (pay structure effective from 1.1.2006 up to 31.12.2015) for direct recruits appointed on or after 1.1.2006 on a post and to say that pay in respect of persons appointed to the same posts before 1.1.2006 is required to be fixed as on 1.1.2006 under Rule 7 (1)(A)(i) and pay in respect persons appointed on the same post on promotion on or after 1.1.2006 is required to be fixed under Rule 13 thereof

2. A number of references were received in Ministry of Finance, Department of Expenditure, stating that the pay of seniors of a post was fixed at a stage lower than the entry pay applicable to the persons appointed on direct recruitment basis on that post on or after 1.1.2006. In such cases, stepping of pay was allowed to the senior employee at par with the entry pay of direct recruits of those posts, subject to the conditions, inter-alia, that stepping up of pay of seniors is applicable only in those cases which have an element of direct recruitment and where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, the stepping up of pay of senior employees was admissible from the date a junior direct recruit joined on or after 1.1.2006

3. The matter was also considered in the meeting of the National Anomaly Committee (NAC) held on 17.7.2012 based on a demand raised by the Staff Side under the JCM NAC had recommended that in cases where Recruitment Rules provide for direct recruitment, then the Stepping up of pay of senior may be considered, even if no actual direct recruitment takes place or no direct recruit has actually joined. However, it was decided that stepping up of the pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, stepping up of pay was dependent upon actual joining of a direct recruit.

4. Trained Graduate Teachers (TGTs) of the Government of National Capital Territories of Delhi (GNCTD) filed OA No. 3217/2014 before the Honble Bench of CAT. The 13 petitioners of the post of Trained Graduate Teachers (TGT) those who were appointed as TGT before 1.1.2006 as also those who were promoted to the post of TGT on or after 1.1.2006. The pay of these 13 employees had been fixed as per the relevant provisions of the CCS(RP) Rules, 2008 and the happened to be lower than the entry pay as applicable to direct recruits of the post of TGT appointed on or after 1.1.2006. These petitioners prayed for re-fixing their pay as applicable to direct recruits appointed on or after 1.1.2006.

5. The Hon’ble Principal Bench of CAT in their order dated 4.4.2016 in OA allowed the application and directed the Government to ensure that of the applicant’s pay is fixed at a stage lower than the which could be drawn by a direct recruit appointed on or after 1.1.2006. The order of Hon’ble CAT dated 4.4.2016 was upheld by the Hon’ble Delhi High Court in terms of their order dated 23.3.2017 in WP(C ) No.2634/2017. The Honble Delhi High Court in its order dated 23.3.2017 observed, that the plea of stepping up of pay, as mentioned in para 2 above, means the direct recruits should actually joined before any stepping up of pay be granted and the date of joining would be different as filling up of direct recruit vacancies in the cadre would vacancy position, selection etc. The Honble Delhi High held that this was unacceptable.

6. The arising out of the order of Honble Delhi High Court dated 23.3.2017 was heard by the Hon’ble Supreme Court as part of the SLP and in its order dated 01.09.2017 (by. No. 23663/2017), the Honble Supreme Court has observed that once the question, in principle. has been settled. it is only appropriate on the part Of the Government to issue a Circular. The Honble Supreme Court further observed that the present situation is that the stepping up is available only to those who have approached the Court, but since the issue other-wise became final, the Honble Supreme Court directed Government to immediately look into the matter and issue appropriate orders.

7. Accordingly, the matter has been considered in the light of the above background and in the context of the specific orders of Hon’ble Supreme Court dated 01.09.2017 as arising out of the origiml issue raised by the Trained Graduated Teachers of GNCTD in terms of their OA No. 3217/2014. AS mentioned above, the petitioners in that case were those who were appointed as TGT before 1.1.2006 and also promoted as TGT on or after 1.1.2006, and had occasion for grievance because their in the pay structure in vogue from 1.1.2006 had been fixed lower than the entry pay as prescribed for direct recruits appointed as TGT on or after 1.1.2006. Therefore. the principle of the benefit of pay fixation, as flowing from the aforesaid orders of Hon’ble CAT, Hon’ble Delhi High Court and the Hon’ble Supreme Court, is that the pay of those who were appointed to the post prior to 1.1.2006 and those who were appointed to the post on promotion in the pay structure effective from 1.1.2006 onwards, and where in respect of such posts entry pay for direct recruits appointed on or after 1.1.2006 has been prescribed giving rise to differential pay, may not be lower than the said entry pay. It is the case of differential pay in respect of employees of a post, as caused by the existence of entry pay applicable for direct recruits on that post appointed on or after 1.12006, that has been addressed in the aforesaid case of the post of TGTs. In case entry pay as per Section 11 of Part A of the First Schedule of the CCS(RP) Rules, 2008 is not applicable in case of a post, the same will not give rise to differential pay for holders of the post and, hence, not covered under the ratio of the case of TGT.

8. Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section 11 of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay. as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

9.In their application to the employees of office of Indian Audits and Accounts Department. these orders issue after consultation with the Comptroller and Auditor General Of India.

10.Hindi version of these orders is attached

sd/-

(Amar Nath Singh)

Director

view order

Source: https://www.doe.gov.in/

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Meeting of National Anomaly Committee on 17.7.2018

Meeting of National Anomaly Committee on 17.7.2018

Next Meeting of National Anomaly Committee to be held on 17.7.2018

Staff Side Meeting Notice

F.No.11/2/2016-JCA(Pt) Government of India Ministry of Personnel, PG & Pensions Department of Personnel & Training Establishment (JCA-2) Section

North Block, New Delhi Dated July 13, 2018

Meeting Notice

Subject: Meeting of the National Anomaly Committee – regarding

The next meeting of National Anomaly Committee under the Chairmanship of Secretary (P) is scheduled to be held on 17.07.2018 (Tuesday) at 11.00 A.M. in Room No.119, North Block, New Delhi.

2. Kindly make it convenient to attend the meeting.

sd/- (Juglal Singh) Deputy Secretary (JCA)

To All Members of the National Anomaly Committee of National Council (JCM) – (As per list attached)

Source: Confederation

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Minutes of NAC Meeting held on 11.1.2018 – INDWF

Minutes of NAC Meeting held on 11.1.2018 – INDWF

Minutes of the Meeting held on 11.01.2018 to discuss the admissibility of the agenda items received from the Staff Side, NC (JCM) for discussion in the National Anomaly Committee (NAC) for the 7th Central Pay Commission

F.No.11/2/2016-JCA-I(Pt.) 

Government of India

Ministry of Personnel, Public Grievances &Pensions 

Department of Personnel Training

North Block, New Delhi 

Dated: 16 February, 2018

To Shri Shiv Gopal Mishra Secretary, 

Staff-Side National Council (Staff Side)

Joint Consultative Machinery 

for, Central Government Employees 

13-C, Ferozeshah Road, New Delhi-110001

Subject: Minutes of the Meeting held on 11.01.2018 to discuss the admissibility of the agenda items received from the Staff Side, NC (JCM) for discussion in the National Anomaly Committee (NAC) for the 7th Central Pay Commission.

Sir, Please find enclosed a copy of the Minutes of the meeting held under the Chairmanship of Joint Secretary (Establishment) on Thursday the 11th January, 2018 at 1500 hours in Room No. 190, conference Room, North Block, New Delhi with the representatives of Staff Side, NC(JCM) for information and necessary action.

2. As per discussion in the above meeting, Staff Side may please reconsider their views on Item No. 7. A copy of the recording during the meeting enclosed for perusual.

Yours faithfully, (D.K. Sengupta) Deputy Secretary to the Government of India Tel. 23040255

MINUTES OF THE MEETING HELD ON 11.01.2018 TO DISCUSS THE ADMISSIBILITY OF THE AGENDA ITEMS RECEIVED FROM THE STAFF SIDE FOR DISCUSSION IN THE NATIONAL ANOMALY COMMITTEE (NAC) FOR THE 7TH CENTRAL PAY COMMISSION

A meeting was held under the chairmanship of Shri G.D. Tripathi, Joint Secretary (Establishment), Department of Personnel & Training with the representatives of Staff Side of the National Anomaly Committee and senior officers from the other Ministries/Departments concerned at 3.00 p.m. on 11.01.2018 in Room No. 190, North Block, DoPT, New Delhi to consider the admissibility of the 18 itmes of anomaly forwarded by the Staff-Side of the National Council of JCM for settlement through discussion at the NAC constituted after the Seventh Central Pay Commission. The list of participants is at Annexure.

2. The Chairman welcomed the representatives of the Staff-Side of the National Anomaly Committee and asked Deputy Secretary (JCA) to briefly inform the participants the purpose for convening this meeting.

3. Deputy Secretary (JCA) informed that following the acceptance of the recommendations – to the extent they have been – of the 7th Central Pay Commission by the Government, the National Anomaly Committee has been constituted by DoPT. Subsequently, on receipt of a representation from the Staff Side, NC(JCM), the definition of what would constitute an anomaly has been revised and notified. Therefore, as per the revised scope of definition, anomaly will include the following cases;

a) Where the Official-Side and the Staff-Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any reason;

b) Where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure as notified vide CCS(RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules;

c) Where the Official side and the Staff Side are of the opinion that the vertical and horizontal relativities have been disturbed as a result of the 7th Central Pay Commission to give rise to anomalous situation.

4. Deputy Secretary (JCA) mentioned that a letter dated 16.08.2017 had been received from Secretary, Staff-Side proposing to discuss 15 items in the National Anomaly Committee (NAC). Subsequently, another letter dated 31.08.2017 was also received proposing 3 additional items. On examining these 18 items against the three (03) yardsticks as stated in para-3 above, it was felt that while some agenda items clearly fall within the definition of ‘anomaly’, there are a few which cannot be termed ‘anomaly’ as such, bordering more, as they are, on the side of ‘demands’. There are a few more which apparently by virtue of affecting the interests of one Department should rather be taken up at the Departmental Anomaly Committee. On sharing the findings of this Preliminary examination with the Secretary, Staff-Side, a communication was received from him suggesting inter-alia, besides giving their own reasons for retaining the same agenda – except one item – for the NAC deliberations, that a meeting be convened to discuss and finalize the items so as to to avoid delay in convening the NAC meeting.

5. The Chairman then requested the leader of the Staff-Side and other members to put across their points of view on the issue.

6. The Leader, Staff-Side, thanked the Chairman for convening the meeting at the suggestion of Secretary, Staff-Side and initiated the discussion by emphasising that the next meeting of the National Council under the Chairmanship of Cabinet Secretary should be held urgently as more than 7 years have passed since the last such meeting was held. He referred to the background against which the JCM scheme has been institutionalized and stressed that the purpose of JCM is to avoid confrontation between the Government and its employees. He requested that the sentiments of the Staff-Side may be conveyed to the Cabinet Secretary so that the meeting of the National Council, JCM may be held without any further delay. He also suggested that the Cabinet Secretary should meet the Standing Committee of the National Council, JCM soon after the Republic Day celebrations so that the deliberations can be be held on all pending issues. The Leader, Staff-Side further stated that there are many issues arising out of the 7th Central Pay Commission’s recommendations which are still to be settled to the satisfaction of the Staff-Side. He particularly mentioned about the recommendations relating to New Pension Scheme, Minimum Pay, Fitment Formula, etc.

7. Secretary, Staff-Side also expressed similar views about lack of interaction between the Official-Side and the Staff-Side. He mentioned that the institutions of JCM machinery has become defunct and stated that the meetings of the Standing Committee and the National Council, JCM should be called without any further delay. He also mentioned that the Group of Ministers had met the staff representatives and given some assurances for favourable consideration regarding the Minimum Pay and Fitment Formula. But even after 1-1/2 years, no decision has been conveyed by the Government. He regretted that inspite of the report submitted by NPS Committee, nothing fruitful has been done for bringing new pensioners under defined and guaranteed pension scheme. He stated that based on the assurance given by the group of Ministers, the Staff Side had deferred the call for strike but now it is getting very difficult for them to control the resentments of the staff. He stressed the need for frequent interactions so that each side can appreciate the other’s views. He also mentioned that no decision has yet been conveyed on the 6th CPC related unresolved anomalies which, the Staff-Side feels, should be sent for arbitration as the Staff-Side has recorded its dissatisfaction on them.

(Action: D/o Pension & JCA Division, DoPT)

8. The Staff-Side members representing M/o Defence stated that they are on a hunger fast joining with the 4 lakhs Defence Civilian Employees to protest against the various decisions taken by Ministry of Defence against their interest. They lodged their protest aginst what they called ‘arbitary’ policy decisions made by the Government about outsourcing of jobs hitherto done in the ordince factories, converting Army Base Workshops to GOCO Model, closure of Station Workshops, Military Farms and Depots under Army Headquarters thereby rendering 31,000 Employees surplus including 9000 employees of Military Engineer Service, granting Uniform Allowance to the soldiers by stopping the practice of getting them stitched through almost 12000 Employees in 5 Ordnance Factories etc. This is against the assurance given by the Defence Ministry in the past to the Staff Side that the jobs being perfomed by ordnance factories would be outsourced. They also protested against the violation of the direction of Cabinet Secretary by the Ministry of Defence in that the Staff Side has not been consulted before deciding on outsourcing, closure, merger, declaring manpower surplus etc. They demanded that MoD may be directed to immediately hold discussions with the Staff Side and settle the issues in the interst of the Defence Industry and its employees

(Action: M/o Defence)

9. The Staff Side also raised the following issues:- a) The demand of the Staff Side for extension of the date of option for switching over to 7th CPC Pay Scales from a date on which the employee got promotion/MACP is not yet settled. Necessary instructions may be issued in this regard.

(Action: Establishment Division, DoPT)

b) The Report of the NPS Committee even though submitted to the Government in August, 2017 the Staff Side is not yet given a copy of the same. The same may be given to the Staff Side and a meeting may also be held with the Staff Side by the Government before taking any decision on the recommendations of the NPS Committee.

(Action: D/o P & PW)

c) The Staff Side also pointed out what they felt arbitrariness of the decision of the Government to close down the various printing presses without even holding any discussion with the Staff Side. The employees have been asked to immediately get themselves, relived and join at faraway places. They added that assurances were given by the Cabinet Secretary at the National Council that the Government would discuss the problems faced by the staff and resolve the same in all cases when the Government decides to wind up any of its functions.

(Action: M/o Urban Development)

10. The Chairman stated that he has taken note of all the concerns expressed by the Leader, Staff-Side, Secretary Staff-Side and the other representatives of the Staff-Side. He stated that the work on finalizing the comments on the Agenda for the meeting with the National Council, JCM has been going on and another two weeks would be required to finalize the comments and thereafter the convenience of the Cabinet Secretary would be sought so that the meeting of the Standing Committee can be held in the month of February, 2018. He stated that the purpose of today’s meeting was to familiarize with the issues as well as to arrive at a mutually agreed decisions as to which of them should be taken up for discussion and settlement at the NAC so that the first meeting can be convened at the earliest. He further emphasised that the items on which the Government, has held a view different from that of the 7th CPC would not be taken up for discussion at the NAC since the Government decisions on them are well-thought-out and conscious ones. However, where there is a disagreement between what has been recommended and what the 7th CPC should have recommended as part of its policy/principles would figure in NAC discussion.

11. It was seen that there are seven (7) proposed items which clearly fall within the definition of ‘Anomaly’. At the conclusion of the discussions, the following was agreed to in respect of the remaining eleven (11) items:

Item No.	Description	Decision
1	Anomaly in computation of minimum wage	In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
2	3% Increment in all stages	In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
6	Remove Anomaly due to index rationalization	In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
7	Anomaly arising from the decision to reject option No.1 in pension fixation	Sent back to Staff-Side for reconsideration of its views
10	Minimum Pension	The Staff-Side will take up this issue with the Department of Pension & Pensioners Welfare separately. This will not be treated as an anomaly.
11	Date of effect of Allowances-HRA, Transport Allowance, CEA etc	Thil will be taken up separately as an item in the Standing Committee meeting
12.	Implement the recommendation on Parity in Pay Scale between Sr. Auditors / Sr. Accountant of 1A & AD and organized Accounts with Assistant Section Officer of CSS.	As this was already under examination in the Department of Personnel & Training it would not be taken up for discussion in NAC at this stage. If it remains undecided at the later stage, it will be included for discussion in NAC.
13	Parity in pay scales between Assistants/ Stenographers in field/ subordinate offices and Assistant Section Offices and Stenographers in CSS	The Staff-Side, NC (JCM) will provide additional details
15	Technical Supervisors of Railways	The Staff-Side, NC(JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Railways.
16.	Anomaly in the assignment of replacement of Levels of pay in the Ministry of Defence, Railways, Mines etc in the case of Store Keepers.	The Staff-Side, NC (JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Defence. JCA Division will write to Ministry of Defence in this regard.
18.	Anomaly in the grant of DA instalment w.e.f. 01.01.2016	In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.

12. The meeting concluded with a vote of thanks to the Chair.

LIST OF PARTICIPANTS IN THE PRE-NATIONAL ANOMALY COMMITTEE OF THE NATIONAL COUNCIL (JCM) HELD ON 11/01/2018

S.No.	Staff-Side	Official-Side
1	Shri Shiv Gopal Misra	Shri G.D. Tripathi
2.	Shri M. Raghavaiah,	Shri Amar Nath Singh
	Shri Rakhal Das Gupta	Shri Harjit Singh
	Shri J.R. Bhosle	Ms. Sujasha Choudhury
	Shri Guman Singh	Ms. Nirmala Dev.
	Shri C.Srikumar	Shri Jaya Kumar.G.
	Shri K.K.N. Kutty	Shri A.K. Jain
	Shri Sankara Rao	Shri Charanjit Taneja
	Shri R. Srinivasan	Shri Rajeev Kumar Bahree
	Shri R.P. Bhatnagar	Shri Ram Gopal

 Source: INDWF

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Abolish the system of formation of Pay Commission in future?

Abolish the system of formation of Pay Commission in future?

Government is planning to abolish the system of formation of Pay Commission in future?

Central Government replied that there is no such proposal at present under consideration.

In Lok Sabha on 5th January 2018, A Hon’ble member asked some questions about the Pay Commission and DA Merger as follows…

(a) whether the National Anomaly Committee (NAC) under the 7th Central Pay Commission has submitted its interim report, if so, the details thereof; (b) whether the Government is planning to abolish the system of formation of Pay Commission in future, if so, the details thereof and the reasons therefor; (c) whether the Government is considering to adjust the salaries of its employees and pensioners Dearness Allowance (DA) that crosses the 50 per cent mark, if so, the details thereof and if not, the reasons therefor; and (d) whether the Department of Expenditure planning to take the responsibility to regularly monitor salaries and allowances of central government employees and recommend the changes if needed, if so, the details thereof and the reasons therefor?

The Minister of State for Finance Shri P.Radhakrishnan replied that the National Anomaly Committee set up by the Department of Personnel & Training in August, 2016 following the decision of the Government on the recommendations of the 7th Central Pay Commission has not yet met.

(b) to (d): No such proposals are at present under consideration.

Source: 90Paisa Blog

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National Anomaly Committee Meeting – Raised the following issues

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS

1st Floor, North Avenue PO Building, New Delhi – 110 001

Website : www.confederationhq.blogspot.com

e-mail : confederationhq@gmail.com

President

K.K.N.Kutty

09811048303

Secretary General

M.Krishnan

09447068125

No.CONF/2015

Date : 12-06-2015

Dear Comrade,

As indicated in our last circular letter, the final meeting with the 7th CPC was held on 9.6.2015. Earlier on 8th afternoon, the Staff side had met separately to chalk out the course of negotiations. The National JCA also met on the same day. The National Anomaly Committee met on 9th June, 2015 at 3.00 pm under the Chairmanship of Joint Secretary (E) Department of Personnel at Room No. 72 North Block, New Delhi. We give hereunder a brief synopsis of the discussions at all the meetings.

1. Meeting with 7thCPC

The following Staff Side members were present at the Meeting:

Coms. M. Raghavaiah (Leader Staff Side – NFIR), Shiv Gopal Mishra (Secretary, Staff Side-AIRF), Com. Guman Singh, R.P. Bhatnagar and Com.Sharma (all from NFIR), Com. Rakhal Dasgupta, Com. J.R Bhosale (AIRF) Com. KKN Kutty, M.S. Raja and Com. M. Krishnan (from Confederation and NFPE) Com. Srikumar and Com. R.N. Pathak (from AIDEF) Com. Srinivasan and Com. Surjeet Singh ( From INDWF)

(a) Date of effect: The Chairman has made it clear that the Commission would recommend 1.1.2016 as the date of implementation of their recommendations. The Commission would finalise its report by end of August and would submit the same to the Government thereafter. They would adopt Dr. Aykroyd formula for the computation of the Minimum wage. To the specific query made by the Staff Side, the Commission said that they would factor the probable increase in the rate of retail prices of the commodities and would arrive at the minimum wage as on 1.1.2016. There had been no reply to the loss of wages to the employees due to the erosion of the real value of wages as there was no interim relief or benefit accrued from the merger of DA. These demands, therefore, stand rejected.

(b) Increase in the insurance coverage in cases of death in harness: The Staff Side recalled the assurance held out by the Commission earlier to have the actuarial assessed by an expert agency to accede to the demand of the staff side to increase the subscription and the insurance coverage. The Staff Side was of the opinion that their suggestion to share the subscription in the ratio of 3:7 was reasonable but in the absence of an expert study, the Government might not accept the same. The commission said that they would explore the possibility of such an assessment by the LIC before finalization of the report.

(c) Fitment formula. The Commission might accept the suggestion made by the Staff Side in respect of fitment formula with requisite change in the ratio on the basis of the quantum of minimum wage determined.

(d) Open ended pay scales: The Commission would recommend open ended pay scales as suggested by the Staff Side.

(e) In the matters of rate of increment, quantum of allowances etc, the Commission did not come out clearly of their thinking in the matter.

(f) Parity in pension entitlement of the past and present pensioners. The Commission is yet to make up its mind on the suggestion made by the staff side in the matter. They however said that almost all the Pensioners organizations which met the Commission had pleaded for this and the same is linked with the one rank one pension demand of the Armed forces personnel.

(g) MACP scheme: The difficulties and anomalies pointed out by the Staff Side and various other organizations have been taken note of by the Commission. The Commission assured to evolve a methodology to resolve the problem.

(h) Opposition to the induction of casual/daily rated workers and contractorisation. The Commission said that they were opposed to the unfair practice of exploitation of labour. For jobs which are of perennial and permanent character, regular workers must be recruited, the Commission added and that would obviate the need for outsourcing and contractorisation. Since most of the outsourced jobs do not require any academic qualification, the Commission was of the opinion that the revival of Group D cadre would help to address the issue. However, the Commission stated that if only the staff side sends in a communication in writing, the Commission would be able to make any recommendation in the matter. The Staff Side reiterated that they are totally opposed to outsourcing, induction of casual workers and contractorisation and the same has been made explicit in their memorandum.

(i) Parity in the pay scales between the personnel in the Central Sectt and those in the subordinate establishments.

The Commission stated that they have appreciated the stand taken by the Staff Side in the matter.

The Commission was non committal on other issues raised by the Staff Side members.

2. National Anomaly Committee meeting

The meeting was held at Room No. 72 North Block, under the Chairmanship of J.S(E) Department of Personnel and Training. In the initial remarks, the Staff side raised the following issues.

(a) Though the official side had promised to provide an action taken statement on all issues in the National Council, the same has not been supplied;

(b)No date for the National Council is indicated.

(c) No indication of the steps taken to convene the Departmental Councils. The official side had assured of the convening of the Departmental Council of the Ministry of Finance in the last meeting. However, the staff side has not been apprised of any date so far.

(d) Abnormal delay in replying to the references made to the Ministry of Finance, Department of Personnel from the Railways and other Ministries.

(e) The necessity to increase the ceiling limit of the rebate in Incometax for the allowances given to the Loco Pilots.

(f) Non-adherence to the GOI instructions by the Defence Ministry in certain matters.

The Official side stated that the Action taken Statement was almost ready but for certain comments from Certain departments. The same would be sent to the staff Side and another meeting held to discuss the course of action required on items where no agreement could be reached. The JS (per) stated that some of the references received from the Railways had been sent back to them for clarification before a final decision is taken. Regarding increase in the rebate ceiling under the Income tax Act, the matter would be referred to the revenue department and requested the staff side to appreciate that the same has to be considered in a wider perspective. Thereafter the agenda items, which had not been discussed even once were taken up.

(ii) Anomaly in the Pay Band and Grade Pay assigned to the Group B Officers of the Audit and Accounts, Incometax, , Central Excise and Customs and Postal Departments. (Agenda Item No. 1 and 8 taken together.) Despite agreeing that there existed an anomaly in the matter, the official side expressed their inability to proceed further in the matter as the Group B Gazetted Officers were beyond the ambit of the JCM scheme. However, they agreed that the Govt. would take up the issue specifically with the 7th CPC. Com.Shiv Gopal Mishra said that the Govt. must consider a JCM set up for the promote officers as their cases are not heard or discussed at any other forum. Com. Kutty said that the items were introduced as early as in 2009 and it was not correct on the part of the official sided to state that the same would be referred to the 7th CPC. Normally the Pay Commission would not entertain to consider the anomalies of the earlier Commissions. However, after some discussions, it was agreed that they would discuss the issue of audit & accounts scale (AAOs) separately after receiving a note from Staff Side and in respect of others, a note will be submitted to the 7thCPC.

(iii) Anomaly in the pay and Grade Pay of Data Processing Assistants Grade A. The official side did not agree with the contention that the assigning of higher grade pay to certain categories of officers (7450-11500 and Grade Pay4600) was arbitrary. The Government, they added, had acted upon the recommendation of the 6th CPC. They also said that only in those cases where the pre-revised pay scales were in 6500-10500 such up-gradation had been made. In the case of DPA Grade A, they were in the pre revised scale of pay of Rs. 5500-9000.

(iv) Item No.3. Grant of Grade pay of Rs. 4200 to Lab Technicians. The official side said that the orders have been issued in the matter.

(v) Item No.4. Up-gradation of Pay Band and Grade pay of LDCs and UDCs.

The Staff Side made the following points in support of the item:

(a) The Grade pay of Rs. 1900 assigned to LDCs by the 6th CPC was without any logic and without appreciating the existing vertical relativity between Group D and LDCs and LDCs and UDCs.

(b) While creating the non functional grade in the grade pay of Rs. 4200 in the Central Secretariat, the Department of Personnel, which is the nodal department for all matters concerning the common categories, did not extend the benefit to the UDCs in the Subordinate offices.

(c) The Staff side also pointed out the Department while restructuring the cadre of stenographers in the Central Sectt. earlier, had extended the benefit to all Stenographers in the subordinate offices.

The official side stated that it was not possible for them to address the issue, whatever may be its justification in the background of the setting up of the 7th CPC. They however, assured to make a reference specifically to the Commission.

(vi) Item No.5. Senior Clerks in DMS to be assigned grade pay of Rs. 4200. The matter was stated to be sub-judice.

(vii) Item No. 6 and 12. – Removal of anomaly in the case of artisans staff of different departments & Master Craftsmen pay scale in MMS in Postal Department. The two agenda items being identical were take up together. The Staff side pointed out the glaring discrimination in the matter. They also stated that the number of employees involved is very small. On behalf of the Postal Department it was stated that the recruitment qualification in the Postal Department was VIII Standard and ITI whereas in other establishment, the academic qualification stipulated was X Standard. The Staff side contested the same pointing out that no person is entitled to be admitted to ITI without having X standard qualification. They pointed out that the merger of Artisan Grade I and Charge hand was the root cause of the problem. The official side took the stand that in any case the anomaly cannot be removed at this stage and have to wait till the 7th CPC recommendations are made.

(viii) Item No. 7. Parity in pay scales between the Central Sectt. and subordinate offices. The official side said that the up-gradation of the pay scale of Central Sectt. Assistants were on well found grounds. The Government had considered the repercussion of the said decision and therefore, the decision is not possible to be either reversed or extended to any other category of employees. They added that perhaps the 7th CPC before whom the matter is already agitated by the employees organizations of the subordinate offices might take a decision in the matter.

(ix) Item No. 9 and 10. Higher grade pay for Medical Assistants and Store keepers. The Defence Ministry was asked to submit a detailed note to the Ministry of Finance indicating the duties and responsibilities assigned as also the recruitment qualifications stipulated in the RR to enable them to reconsider the issue.

(x) Children Educational Allowance for any two children. The official side stated that the deviation made in identifying the eldest two children was consciously done taking into account the National Population policy and various other factors and is not likely to be changed. Regarding the claim for reimbursement of expenses incurred in the nursery class, as such institutions or classes are not linked to any Educational Boards, the official side said that they would look into the matter with a view to find a solution thereof.

National JCA meeting on 8th June

The National JCA which met at the Staff side office on 8th June, 2015 took note of the fact quite a few States are yet to hold the State level conventions. The meeting also noted that the strike decision taken on 28th April, 2015 has not been percolated down to the rank and file of the workers. The meeting wanted the affiliate to realize that the denial of the demand for wage revision to be effective from 1.1.2014 and the consequent denial of interim relief and the benefit of merger of DA with pay must be viewed very seriously as the said decision will have a far reaching consequence. The Government would not in future will discard the age old practice of grant of I.R. and merger of DA for ever. It has decided to appeal to all the affiliates to chalk out independent programmes of actions in the months to come and to carry out the same in all seriousness so that the employees become fully aware of the possible outcome of the 7thCPC . The Chairman and Convenor of the National JCA will get in touch with those States, where the programme has not been carried out. The meeting decided to convey to the members that the minimum wage computation, in the given situation would be on an imaginary basis. The National JCA was of the opinion that a meeting of all office bearers of the participating organizations must be convened at Delhi somewere in the month of July to chalk out the programmes of action to be pursued by theCGEs togher

It was informed at the house that both Defence and Railways would be taking their strike ballot and would be concluded in the first week of October. The meeting decided to advise the other units to chalk out progammes of action in July so that an ambience of struggle could be created. The NJCA also took note of the painful fact that despite assurances, Government was not convening the Departmental Councils and the JCM has been allowed to become defunct.

The National JCA in conclusion decided to appeal to all affiliates to take concrete steps to invigorate the joint movement of the Central Government employees and meet the challenge that is like to arise on receipt of the recommendations of the 7th CPC by creating an atmosphere of Unity, and determination to carry out the call of indefinite strike action scheduled to commence on 23rd November, 2015..

With greetings,

Yours fraternally,

Sd/-

M.Krishnan

Secretary General

Source: http://confederationhq.blogspot.in/

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National Anomaly Committee Meeting will be held on 29.5.2015 – Dopt order

IMMEDIATE

No.11/1/2015-JCA

Government of India

Ministry of Personnel, PG & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated:12th May, 2015

OFFICE MEMORANDUM

Subject: Meeting of the National Anomaly committee – 29th May 2015 at 3.00 p.m

The undersigned is directed to say that a meeting to discuss the items which were discussed in the last National Anomaly Committee Meeting held on 17.07.2012 and required separate examination (as annexed) is scheduled to be held under the chairpersonship of Joint Secretary (E) on 29th May, 2015 at 15.00 Hrs in Room No.119, North Block, New Delhi.

2. It is requested to kindly make it convenient to attend the meeting.

Sd/-

(A. Asholi chalai)

Director (JCA)

Tel/Fax: 011- 23094906

Distribution:

ALL STAFF SIDE MEMBERS OF THE NAIONAL ANOMALY COMMITTEE. (List attached).

1. Secretary, Staff side, National council (JCM), 13-C, Ferozeshah Road, New Delhi.

2. General Secretary, AIRF, 4 State Entry Road, New Delhi.

3. General secretary, NFIR, 3, chemsford Road,New Delhi.

AGENDA FOR THE ANOMALY COMMITTEE MEETING SCHEDULED TO BE HELD ON 29.5.2015.

ITEM NO. 1

Review of MACP to Grade Pay of Rs.2000/- where there is no such grade pay in Railway.

ITEM NO.2

Granting of Additional Pay to Loco & Traffic running staff

ITEM NO.3

Treatment of employees selected under LDCE Scheme/GDCE Scheme

ITEM NO.4

Grant of minimum entry pay meant for direct recruits to promotes.

Source: NFIR

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Non-implementation of decisions taken in the National 6th CPC Anomaly committee - AIDEF

AIDEF

All India Defence Employees Federation

No.04/1004/PM/AIDEF/14

Dt: 22/02/2014

To

Shri Manmohan Singh, 

Hon'ble Prime Minister,

Government of India, 

South Block, New Delhi.

Respected Sir,

Sub: Non-implementation of decisions taken in the National 6th CPC Anomaly committee.

Ref: Minutes of the National Anomaly Committee meeting held on 17/07/2012.

We wish to draw your kind attention to the above mentioned subject. After the implementation of 6th CPC recommendations w.e.f.1/1/2006, Govt. of India constituted a National Anomaly Committee with representatives of staff side to settle the various anomalies arosed as a result of 6th CPC. The following two major issues which affects the major section of the Central Govt. employees was raised in the meeting and discussed in the subsequent meetings and an understanding was reached between the official side and the staffside. However it is unfortunate that the Govt. has not taken any decision on these two issues which has now forced the employees to approach Court of Law. Therefore to avoid multiplicity of litigations in the service matters of the Central Govt. employees, we request you to kindly intervene in the matter and arrange to issue necessary instructions for implementing the following two major issues.

1) Anomaly in the entry pay between Direct Recruite and promotee

There arosed an anomaly in Rule-8 of the CCS(RP) Rules - 2008, basically due to the fact that it is for the first time that the pay commission has recommended specific entry level pay for Direct Recruits (DRs). This has resulted in employees who were appointed in service prior to the Direct Recruits and got promoted earlier getting less pay as compared to their counterparts recruited directly and who joined after 1/1/2006. The official She stated that in such cases stepping up of pay is permissible subject to certain conditions. However the staffside hoisted that on promotion , the pay of all the promotees should be fixed at the entry level of pay of that post as in the case of the Direct Recruits wherever there is a provision of Direct Recruitment in the Recruitment Rules. The staffside requested that wherever there is a provision in the recruitment rule for direct recruitment in a post then in such cases the entry pay given to a direct recruitee should be automatically given to the promotee irrespective of the fact, whether a junior direct recruite is available or not. This proposal of the staffside was agreed by the official side and the DOP&T has proposed for implementation of this decision to the Department of Expenditure for issuing necessary Govt. orders. However till date no Govt. orders is issued on the subject.

2) Grant of MACP benefits in the promotional hierarchy of the Post instead of the next Grade pay in the Pay Band.

In the ACP scheme implemented by the Govt. w.e.f. 9/8/1999, based on the recommendation of the 5th CPC, the benefit was given in the promotional hierarchy of the respective posts. However the scheme was modified as MACP by 6th CPC and while implementing the same from 1/9/2008, it was changed from promotional hierarchy to next Grade pay in the Pay band. Due to this the employees are subjected to huge financial loss. To quote an eg. in the ACP scheme an employee in the GP of Rs.1900 was given ACP benefits in the next promotional post in the GP of Rs.2400, whereas in the case of MACP the benefit was given only in the next GP of Rs.2000/-. This major anomaly was pointed out by the staffside in the National Anomaly Committee and the staffside has given various suggestions for the consideration of the official side, it was agreed in the meeting that the suggestions given by the staffside would be considered. However, since no positive decision was coming from the Govt., the aggrieved employees have started approaching various courts. The matter went up to the Hon'ble Supreme Court and the Supreme Court was kind enough to rule that MACP benefits should be given in the promotional hierarchy and not in the next GP. After this Judgement various Federations of the Central Govt. employees have represented to implement the decision of the Hon'ble Supreme Court to all similarly placed employees. However it is regretted to inform you that the Govt. has implemented the benefit only for the petitioner .

Sir, we once again request your kind intervention in the matter and necessary directions may please be given to the DOP&T and Department of Expenditure to settle the above major two anomalies, seas to avoid any further litigation on the matter.

Thanking you,

Yours sincerely,

Sd/-

( C.SRIKUMAR) 

General Secretary

&

Standing Committee Member

National Council (JCM)

Source:http://aiamshq.blogspot.in/2014/05/aidef-writes-to-prime-minister.html

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Minutes of the meeting of the National Anomaly Committee held on 17th July, 2012.

Highlights of the 5th meeting of the National Anomaly Committee.

   1. The 4th meeting of the National Anomaly Committee (NAC), which was held on 5.1.2012 at 2.3o PM at New Delhi was adjourned. Record Note of  that meeting is at ANNEXURE I. The NAC next met subsequently on 17th  July, 2012 at 3.00 PM in Conference Room No 119, North Block and was  chaired by Shri P K Misra, Secretary DOP&T. A list of members who attended this meeting is at ANNEXURE II.

   2. The Chairman welcomed all members of Official and Staff Side of the National Anomaly Committee. He mentioned that the recommendations of the 6th Central Pay Commission were extensively discussed with the Staff Side representatives and the Government had also made improvements while implementing them. He referred to further discussions on pay related matters in this forum and Government agreement on certain issues raised by the Staff Side besides issuing of clarificatory instructions. Since some of the issues raised by the Staff Side had earlier been discussed with the Staff Side during the implementation of 6th CPC recommendations and were amicably resolved, he suggested that there has to be finality in regard to the pay scales implemented by the Government on the basis of recommendations of the 6th CPC. He stated that settled issues which were resolved in consultation with the Staff Side earlier need not be reopened.

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Highlights of the 5th meeting of the National Anomaly Committee.

   5th meeting of the National Anomaly Committee was held on 17th July under the chairmanship of  Secretary, DoP&T.

   At the outset Com. Umraomal Purohit, Secretary, Staff Side, National Council(JCM), raised the following points:-

   He explained the background of setting-up of JCM Scheme and emphasized that the scheme has been effective to resolve the disputes between the Central Government employees and Government of India. But of late, the scheme is not been administered properly causing frustration among the Central Government employees.

   He reminded the Secretary, DoP&T that since he is the custodian of the scheme, it would be appropriate for him to see that the scheme functions both at the National and Departmental levels in its letter and spirit. 

   He said that the meeting of the Ordinary Meeting of the National Council, JCM(full-fledged meeting) was held on 15.05.2010 and after that no meeting has been held. He mentioned that, as per JCM Constitution, minimum 3 meetings should be organized after every 4 months.

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Agenda of National Anomaly Committee meeting to be held on 17.07.2012 at New Delhi.

AGENDA ITEMS FOR THE MEETING OF NATIONAL ANOMALY COMMITTEE

ITEM NO.1

PAY FIXATION IN CASE OF MERGER OF PREREVISED PAY SCALE.

   In Para 2.2.19 (vii) page 45 of the VI CPC report the Commission has stated that this merger has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales have (are being) merged.

   However, the pay in the pay band in respect of the pre-revised Pay Scale of ` 5000-8000 has been fixed at ` 9300 (i.e. ` 5000X1.86) and that of the pre revised Pay Scale ` 5500-9000 at ` 10230 (i.e.` 5500X 1.86).

   In Rule 7(1) (A) of the Central Civil Services (Revised Pay) Rules, 2008, it has been laid down that:

     (i) The pay in the pay band / pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

     (ii) If the minimum of the revised pay band/pay scale is more then the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the pay band / pay scale.

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Next meeting of National Anomaly Committee will be held on 17.07.2012 at New Delhi.

No. 11/2/2008-JCA
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated, the 18th June, 2012.

OFFICE MEMORANDUM

Subject: - Meeting of the National Anomaly Committee-17th July, 2012 at 3.00 PM.

   The undersigned is directed to refer to OM of even number dated 2nd December, 2011 regarding the 41th meeting of the National Anomaly Committee which was held on 5th January, 2012. All the Agenda Items placed before it could not be discussed and the meeting had to be adjourned. This meeting will now be held in Committee Room No 119, North Block, New Delhi on 17th July, 2012 at 3.00 PM.

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National Anomaly Committee (05.01.2012)-Agenda

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MINUTES OF THE THIRD MEETING OF NATIONAL ANOMALY COMMITTEE HELD ON 15th FEBRUARY 2011

F. NO. 11 1212008-JCA

Government of India

Ministry of Personnel , Public Grievances and Pensions

Department of Personnel & Training

(JCA Section)

North Block. New Delhi

Dated the 21st April, 2011

OFFICE MEMORANDUM

Subject: Minutes of the Third Meeting of the National Anomaly Committee held on 15th February, 2011.

   The undersigned is directed to forward a copy of the minutes of the Third Meeting of the National Anomaly Committee held on 15th February 2011 in Room No.119, North Block. New Delhi under the Chairpersonship of Secretary (Personnel) for information and necessary action.

-sd-

Dinesh Kapila

Director

MINUTES OF THE THIRD MEETING OF NATIONAL ANOMALY COMMITTEE HELD ON 15th FEBRUARY 2011

   The third meeting of the National Anomaly Committee (NAC) was held on 27th March 2010 in Conference Room No.119, North Block, New Delhi under the Chairpersonship of Secretary (Personnel). A list of participants is annexed.

   2. The Chairperson welcomed the representatives of the Staff Side and Official Side. Referring to the healthy and fruitful discussions held during the earlier meetings of the NAC, she expected similar cooperation and mutual understanding so that the anomalies could be resolved to the satisfaction of all. She referred to the 46th Meeting of the National Council (JCM) and two meetings of the Joint Committee on Modified Assured Carrier Progression Scheme (MACPS) held in 2010 and stated that she expected the Staff Side to finalise the agenda of the Standing Committee of the National Council (JCM) as well so that a meeting of the same could also be convened early.

   3. Thereafter, the Chairperson suggested that those agenda items may be taken up for discussion which had not yet been discussed in the earlier two meetings. She also referred to the special agenda item included on the directions of the Hon’ble High Court of Madras viz., pay of the drivers of the Department of Posts. The Chairperson informed that suitable action had already been taken with respect to agenda item No.31 relating to Child Care Leave. Regarding the MACPS. the Chairperson stated that most of the issues have been discussed with the Staff Side and clarifications issued thereon thereby resolving the same. She stated that as MACPS is only a fall back option in case of delay in promotions, all the cadre controlling authorities have also been directed to review the structure of the cadre in order to ensure timely promotions. She requested the Staff Side to forward a list of Frequently Asked Questions to the DoPT so that the misgivings! misunderstandings regarding the recommendations of the 6th CPC could be further removed. She once again welcomed everyone and reiterated the resolve of the Government to remove all the anomalies in a fair and just manner.

   4. Secretary of the Staff Side Shri Umraomal Purohit thanked the Chairperson and gave a brief background of the Scheme of Joint Consultative Machinery and Compulsory Arbitration. He referred to the delays in holding the meetings especially at the departmental level and requested the Official Side to monitor the same. Thereafter, he referred to the undue delays in issuing of important orders I instructions and requested that such delays should be minimised so that the concerned employees do not suffer. He agreed to the suggestion of the Chairperson, that agenda items which had not been discussed at all may be taken up first. He urged the Official Side to devote more time and efforts to ensure that meetings of the National Council / Standing Committee and Anomaly Committee are held more frequently. He once again thanked the Chairperson and assured of full cooperation of the Staff Side in all matters.

   5. Responding to the opening remarks of the Secretary, Staff Side, the Chairperson stated that comprehensive instructions have afready been issued to all Ministries! Departments to ensure meetings of the Departmental Council are held as per the mandate of the JCM Scheme. The Chairperson further assured the Staff Side that the matter would be looked into and requested the Staff Side to forward the names of the Departments where either the Councils were not functioning or timely meetings of the same are not being held. Regarding the meeting of the Standing Committee of the National Council, the Chairperson stated that the same would be convened as soon as the agenda gets finalised. She added that she would take up the issue of holding the next meeting of the National Council with the Cabinet Secretary once the agenda is finalised.

   6. The anomalies were subsequently taken up for discussion as per the agenda as follows:

Item No 11: Grant Revised Allowances with effect from 01.01.2006

   The Staff Side stated that allowances formed part of wages. That being so allowances too should be revised with effect from the same date from which Revised Pay Scales have been implemented i.e. 01.01.2006. There seemed hardly any justification for granting revised allowances with effect from 1.9.2008 i.e. after a lapse of 32 months. The Official Side stated that the allowances, other than Dearness Allowance (DA), have been revised from 01.09.2008 on the basis of specific recommendation of the 6th CPC. It was reiterated that even after the 5th CPC similar practice was followed. Therefore, there was no anomaly as such. Staff Side contended that DA, also an allowance, has been implemented by the Government with effect from 1.1.2006 whereas the other allowances have been revised with effect from 1.9.2008 resulting in huge loss to the employees. The Official Side maintained that in view of the specific recommendation of the 6th CPC, this could not be construed as an anomaly. The Staff Side stated there are certain statutory allowances which need to be revised w.e.f. 01.01.2006.

   The Staff Side was asked to forward such a list of statutory allowances for further examination of the Department of Expenditure.

Items No 12 & 13: Transport Allowance

   The Staff Side raised the following issues with respect to the revision of the Transport Allowance (TA):

(i) Employees with higher pay who live near to offices have been given higher rates of TA in comparison to low paid employees who live at distant places.

(ii) Multiplication factor used for revision of TA of employees in various pay bands has not been applied uniformly.

(iii) CCA has now been subsumed in TA. Therefore, a portion of TA should be used as a component for the purpose of computing Overtime Allowance.

(iv) There are employees who remain on long tour duties as in the Audit Department or field duties on survey sites during a prolonged field season of more than 4-5 months. Since the CCA, which was earlier admissible to them, has been subsumed in the Transport Allowance, they are not getting any Transport Allowance while on tour for more than a month/ several months during which the field season lasts and they are, therefore, losing even that part of Transport Allowance which represents CCA. The Staff side therefore demanded that the condition that TA is not permissible to those who are absent for more than a month, be dispensed with. The Official Side stated that after the 6th CPC recommendations, the rate of TA for employees belonging to PB-I was further improved by the Government.

   The 6th CPC had recommended a uniform multiplication factor of 4 for revision of TA of all categories of employees. Thereafter, after consultation with the Staff Side, at the time of implementation of the recommendations of the 6th CPC, the Government increased the TA for employees in PB-I from Rs. 400 + DA to Rs 600+DA for Al/A class cities and from Rs 300 + DA to Rs.400 +DA for other cities. Therefore, the multiplication factor used for revision of TA was actually skewed in favour of the low paid employees. Therefore, there was no justification for any further revision of the rates of TA and there was no anomaly in the matter. The Staff Side pointed out that in order to have a realistic picture, the multiplication factor in respect to the revised TA rates vis-a-vis the earlier TA rates plus CCA should be examined.

   The Staff Side was asked to forward the required calculations to the Department of Expenditure for examination.

   Regarding reckoning a portion of the TA for computation of the Overtime Allowance (OTA), the Official Side stated that the 6th CPC has in fact recommended for substitution of OTA with Performance Related Incentive Scheme (PRIS). Therefore, the whole issue was not relevant now.

   The Staff Side was asked to forward specific details of the matter to the Department of Expenditure for examination.

   With respect to employees loosing the part of TA representing CCA while on tour for more than 15 days, the Official Side stated that 6th CPC has given a specific recommendation to merge the CCA with TA and therefore, this could not be construed as an anomaly.

Item No 14: Revision of Existing Allowances

   The Staff Side stated that there are certain allowances which are to be withdrawn and replaced by new schemes like Risk Insurance for Risk Allowance & Hospital Patient Care Allowance. These schemes had so far not been formulated. When formulated, these will have to be discussed in the JCM before these are implemented. The Staff Side demanded that till such time the alternative schemes are operationalised, the existing rates of these allowances may be doubled.

   The Official Side stated that Department of Personnel & Training has held a series of interdepartmental meetings with various Ministries I Departments and General Insurers’ (Public Sector) Association of India (GIPSA). As per the advice of GIPSA, it was decided to have consultations with the LIC of India for providing health based insurance package identifiable as an insurance product by IRDA. The LIC of India has been contacted through the Department of Financial Services and the response from them is awaited. Therefore, the process is likely to take some more time. In case, the Government was not able to come up with an insurance product as recommended by the 6th CPC, the issue regarding doubling the existing rates could be taken up for examination.

   The Staff Side further contended that it would not be easy to design an insurance product on the lines of the recommendations of the 6th CPC because of the variable nature of jobs being entrusted to the employees. For example, it may be possible that an employee who is working in a risk prone area may get transferred to some other area not involving risk and vice versa. Furthermore, the Staff Side felt that the amount of financial outgo involved in paying the premium to the insurance company would be much more than the additional expenditure on account of doubling the existing rate of risk allowance.

   The Chairperson, while acknowledging the useful insight into the ground realities as presented by the Staff Side, also directed that there should be a clear cut time frame to finalize the Risk Insurance Scheme.

   After discussion, it was decided that if the Official Side is not able to finalize an insurance scheme in consultation with the Staff Side within the next six months, the question of doubling the rates of risk allowance would be examined.

 Item No 20: Daily Allowance on Tour

   The Staff Side stated that it is not practical to get bills/receipts for fares charged by the Autorikshaws or bills for tea/snacks/meals from dhabas/ small restaurants/ roadside eateries etc. The travelling employees (at least some of them) have arrangements to cook their meals etc while on tour and have the facility to stay in places other than hotels where obtaining receipts for stay, etc., is not called for. The Staff Side, therefore, demanded that a fixed Daily allowance rate for stay, local travel, food etc. may also be prescribed.

   The Official Side stated that such a dispensation is already in place and the employees have the option to claim for the pre-revised rates of D.A. without submitting any bills I receipts. The Staff Side contended that the pre-revised rates of D.A. are too inadequate to take care of the boarding and lodging requirements. Therefore, they demanded that there was a need to double the pre-revised rates for D.A. for claiming the same without production of any bills I receipts. The Official Side agreed to examine the matter although this is not ananomaly.

Item No 28: Grant of carade pay of Rs.5400 in PB-2 for Asstt. Accounts/AuditOfficers.

   The Chairperson stated that as the matter pertains to Group B’ employees who are not covered under the JCM Scheme, this item does not fall within the purview of the NAC. She, however, directed Joint Secretary (Pers.), Department of Expenditure and Joint Secretary (Estt), Department of Personnel & Training to discuss this issue with the members of the Staff Side.

ITEM FINALISED

Items No 29 & 30: Dearness Allowance

   The Staff Side stated that at AICPI (1W) 1982= 100 base, the Government had sanctioned DA I DR at 74% of the 1.1.1996 level wages. (1.1.96 wages were on 306.33, average point). In the Government of India arrangement of DA I DR. decimal increases in percentage are not being considered. At 536 point the actual percentage is not 74% but more, namely 74.844 say 74.84 and at 74% the AICPI (IW) reaches 533.01 (306.33 X 0.74 = 533.01). Hence when 74% is included as salary on 31.12.2005, the start for the 1.1.2006 salary structure should be only 533.01 and not 536. This when converted to 2001 = 100 base by the factor 4.63 we get 533.01 /4.63=115 .1209 say 115.12. It was therefore.proposed that D.A increases be computed on the basis of AICPI (1W) 115.12 and not 115.76.

   The Official Side stated that as per the recommendations of the 6th cpc, the base should be 116 However, this was re-calculated by the Department of Expenditure and it was found that the base works out to be 115.76 on the basis of average index of 536. Therefore, there was no anomaly in the matter.

   The Staff Side again stated that the average index of 536 corresponded to the 74.84 % of DA whereas the actual DA granted was only 74% as the decimal points are ignored. Therefore, if the base is taken as 536, then the decimal points ignored i.e. 0.84 % of DA is lost forever. However, the Official Side stated that the fraction which was ignored earlier was taken into account while calculating the next DA instalment. Further fixation of the base has been done in the manner followed after previous Pay Commissions and there was no anomaly. Therefore, there was no question of any loss to the employees because of this. The Staff Side would give detailed calculations in the matter to the Department of Expenditure for examination.

Item No 31: Child Care Leave

   The Official Side stated that the matter had since been resolved. The condition regarding exhaustion of earned leaves before being. eligible for CCL had since been removed vide DOP&T’s OM dated 7th September 2010. The Staff Side drew the attention of the Chairperson towards the fact that women industrial employees of the Ministry of Defence were still to be granted the benefit of CCL. Similarly, the benefit of half pay leave encashment was yet to be granted to the industrial employees of the Ministry of Defence. The Chairperson directed the representative of the Ministry of Defence to look into the matter urgently. The Staff Side further suggested that the discretionary powers given to the authorities to rejectl restrict the CCL may also be reviewed.

ITEM FINALISED

Item No 37: Waiver of recovervpf hjqher DA / DR drawn during the pejiod from 01 .01 .2006 to 31.08.20D8

   The Official Side stated that the arrears of pay from 01.01.2006 to 31.08.2008, consequent to the recommendations of the 6th CPC, had since been disbursed. Therefore, the issue was no longer relevant. Accordingly, it was decided to treat this item as closed.

ITEM FINALISED

Item No 38: Anomaly in fixation of Grade Pay

   The Staff Side stated that the general recommendation of the 6m CPC was that the grade pay will be 40% of the maximum of the pre-revised pay scales. However, at the time of implementation of the recommendations of the 6th cpc, Government has given more than 40% as grade pay to certain categories of the employees in PB-3 and PB-4. Therefore, it was an anomaly and demanded that everyone should be given grade pay of at least 50% of the maximum of the prer evised pay scales.

   The Official Side stated that the 6th CPC itself recommended grade pay in excess of 40% of the maximum of the pre-revised pay scales in respect of certain employees. Further, in Para 2.2.21 the report of the 6th CPC, it has been clearly stated that in some cases, the amount of the grade pay has been adjusted so as to maintain a clear differential between successive grades pay. Thereafter, the government implemented the recommendations of the 6th CPC with certain conscious modifications in the Grade Pay in some cases. Moreover, the erstwhile Group D employees have also been granted grade pay exceeding 40% of the maximum of the pre-revised pay scales. Therefore, there is no anomaly in the matter. It was decided that the Staff Side would revisit the issue and revert on whether they wish to pursue the matter.

Item No 39; AnomaIvdue to not applying uniformly the multiplication factorof 1.86 in fixing the minimum pay in all the revised payandsapplying different

   It was noted that this item is similar to the agenda item number 38 i.e. anomaly in fixation of grade pay. It was decided that the Staff Side would revisit the issue and revert on the matter.

Special Agenda Item- Pay of the Drivers in the Department of Posts.

   The backdrop of this agenda item was presented to the Committee. The associations representing drivers and artisans in the Department of Posts had approached the I-Ion’ble Central Administrative Tribunal at Madras contending that their cadre was placed at the minimum of the pay scale equivalent that of Postal Assistants in 1st CPC, 2nd CPC and 3rd CPC. Their argument was that in the 4th CPC they were given the minimum of Rs.950-1500 whereas the Postal Assistants cadre was given Rs.975-1660. While implementing the 5th Pay Commission recommendations, they were placed in the scale of Rs.3050-4590 whereas Postal Assistants were given the scale of Rs,4000-6000 and further stated that there was a genuine anomaly while fixing the scale of Drivers. They also represented that the Postman cadre, which was always kept below their pay scale, was given a jump and equated with their scale by the 5 Pay Commission recommendations. However, the Original Application was dismissed by Hon’ble CAT observing that no sufficient material has been placed before them to recoid a specific finding as to whether there had been arbitrary, discriminatory and hostile discrimination made to the applicants in granting the pay scale. In no circumstances, the case of the Postal Assistants could be treated at par with Drivers.

   Aggrieved by the CAT order, the Association further filed Writ Petition No.21367/2004 in the Hon’ble High Court at Madras Hon’ble High Court, Madras disposed of the petition stating that, ‘we consider it appropriate to set aside the order under challenge and dispose of the Writ petition with a direction to the respondents to refer the matter to the Anomaly Committee for its consideration and passing appropriate orders within a period of three months from the date of rece;pt of a copy of this order and if necessary, to afford an opportunity of hearing to the petitioners Accordingly, as per the directions of the Hon’ble High Court. this matter has been included as one of the agenda items of NAC and has therefore been taken up for discussion in this meeting. The Staff Side felt the NAC was not the appropriate forum to discuss the issue since as per the negotiation mechanism under NAC. the Committee was not mandated to pass orders on judgments pronounced by the Courts. The Official Side stated that Drivers belong to a common category of employees to whom pay scales were granted as per the recommendations of the 6th CPC. Accordingly, the Department of Posts was called upon to present the facts on these lines before the Hon’ble Court.

Item No 40: Grant of Notional Increment

   The Official Side stated that retirement on a date immediately prior to the date of next increment was taking place even before 01.01.2006. There was no provision to grant a notional increment in such cases. As there was no change from the earlier position, this item could not be construed as an anomaly.

ITEM FINALISED

Item No 41: Fixation of pay on promotion to a post carrying the same grade

   The Staff Side stated that there are certain feeder and promotion posts which carry the same grade pay and these have not been merged on functional considerations. The promotion of an employee from the feeder post to the promotion post is however not being treated as promotion and no pay fixation is being done. Therefore, the Staff Side proposed that in such cases also one increment in the feeder post may be allowed and the Grade pay of the next post may be granted. The Official Side stated that as per the recommendations of the 6th CPC, some of the re-revised pay scales have been merged in order to de-layer certain levels in the Govt. Thus, posts in the pay scales of Rs.5000-80001- and Rs.5500-9000/- have been merged and no promotions can take place between the pay scales of Rs.5000-80001- and Rs.5500-9000/- (pre revised). Similarly, posts which were in the pay scales of Rs.6500-10,500/- (and have been given the grade pay of Rs.4600/-) and Rs.7450/-11500/- stand merged and no promotions are permissible between these merged grades. The Official Side further stated that the question of grant of one increment in the lower (feeder) post could be considered if the concerned Department justifies it on functional requirement However, in that case, it will be treated as promotion for the purpose of MACP. The Staff Side. also raised the issue of pay of the running staff in the Ministry of Railways and stated that a special allowance of Rs 500/- plus DA has been granted to the running staff. However, other benefits like TA, HRA, pensionary benefits etc., are not admissible on this special allowance. The Staff Side demanded that whenever a person is promoted in the same grade pay but with higher responsibilities, grant of Rs 500/- plus DA is not adequate to compensate him/her for the higher responsibilities. Therefore, there is a need to treat the special allowance as pay for all purposes. The representative of the Department of Expenditure stated that this issue will be re-examined on receipt of certain information as called for from Ministry of Railways.

Item No 43: Before the 6th pay commission, there were 3 HAG scales of pay.

   The Official Side informed that officers of the grade of Additional Secretary and equivalent (whether serving or retired) are not covered by JCM. Hence, the instant item was outside the ambit of the NAC and therefore not admitted for discussions. However, the Staff Side was informed that orders for replacing the pre-revised pay scale of Rs.22400-24500/- had already been issued.

ITEM NOT FOR NATIONAL ANOMALY COMMITTEE

Item No 44: Anomaly in the pay scale I pay band and grade pay of Library Information Assistants.

   The Official Side stated that through a specific and conscious recommendation of Sixth Pay Commission, the pay scales of Trained Graduate Teachers (TGTs) have been upgraded and placed in PB-II with grade pay of Rs.4600/-. In this context, the Pay Commission has also clarified that on account of conscious upgradation, no other cadre can demand or can be granted higher pay scales. Therefore, Library Information Assistants cannot claim parity with TGTs. The Staff Side stated that the School Librarians have also been placed in PB-II with the grade pay of Rs.4600/- at par with the TGTs although there is no specific recommendation of the 6th CPC in this regard. The Library Information Assistants, who have the same qualifications as that of school librarians, have however been placed in PB-Il with grade pay of Rs.4200/-. Thus, there is an anomaly with respect to grade pay of the Library Information Assistants.

   The Official Side stated that the factual position was not known to them and therefore the Staff Side was called upon to apprise the Official Side of such instances specifically.

Item No 45: Anomaly in pension of those in receipt of stacinationincrements in pre-revised pay scale.

   The Official Side stated that this issue is somewhat related to the issue of granting one time increment to employees having their date of next increment between February 2006 to June 2006 under agenda item 5 (V). Accordingly, it was decided that the matter may be clubbed with agenda item 5(V) and the Staff Side was asked to confirm that their request for grant of an increment in the pre revised scale would not have repercussions on any other category and not lead to any further demands.

Items No 46 8 49: Pay Scales of Stenographers Cadre

   The Official Side stated that in para 3.1.14 of the 6th CPC’s Report a specific recommendation for PS/Sr. PS in non-secretariat organizations has been made and the same has been accepted and notified by the Government. Further, posts that were existing in the pre-revised pay scale of Rs.6500-10500 before 1.1.2006, including that of PS in field offices, have been upgraded to the prerevised scale of Rs.7450-11500 w.e.f. 1.1.2006 vide Department of Expenditure’s O.M. No.1/1/2008-IC dated 13.11.2009. Therefore, suitable action has already been taken in the matter. The Staff Side while agreeing with the Official Side stated they would check the position and revert back to the Official Side in case they feel that there were still any problems I difficulties in the matter.

Item No 50: PaycaIes of Official Language Staff.

   The representative of the Department of Expenditure stated that orders were issued in November, 2008 regarding parity in the pay scales of OL posts in field offices and CSOLS and the matter has already been clarified by them on various references received in this regard from several administrative Ministries / Departments. The Staff Side requested that the reference forwarded in this matter by the Ministry of Railways may be examined by the Department of Expenditure on a priority basis. This was agreed to by the Official Side. The Staff Side also mentioned that the parity in the pay scales in field and HQ is still to be granted in many offices including Ministry of Railways. The Official Side requested the Staff Side to convey the names of such offices so that they could be caned upon to take similar action in the matter.

Item No 51: Assigning higher grade pay of Rs.4600/- to Administrative Officer Grill and Private Secretary in subordinate offices.

   The Official Side indicated that the matter has already been resolved as posts that were existing in the pre—revised pay scale of Rs.6500-10500 before 1.1.2006, including that of AOs and PSs in field offices, have been upgraded to the pre-revised scale of Rs.7450-11500 w.e.f. 1.1.2006 vide Department of expenditures O.M. No.1/1/2008-IC dated 13.11.2009.

ITEM FINALISED

   7. In the end, the Chairperson thanked the members of the Staff Side for their cooperation and for a healthy and constructive discussion.

   The Staff Side requested for early action to resolve the anomaly in respect of the increment of employees falling between February 2006 and June 2006. The Staff Side also suggested that the next meeting of the Joint Committee on MACPS may be held early which was agreed by the Official Side. The Chairperson requested the Staff Side to priontise the issues to be discussed in the next meeting. The meeting ended with a vote of thanks to the Chair.

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