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Friday, May 28, 2010
Hours after crushing the two-day old strike by Air India employees, the state-owned airline de-recognised two major trade unions and sealed their offices across the country.
Erstwhile Indian Airlines' union Air Corporation Employees' Union (ACEU) and All India Aircraft Engineers' Association (AIAEA) have been de-recognised by the management of National Aviation Company of India Ltd (NACIL) and their offices have also been sealed, NACIL sources said today. NACIL is the holding company of Air India.
Besides terminating the services of 17 office-bearers of the two Unions last night, the airline suspended 15 engineers. More dismissals and suspensions are likely to follow with highly-placed sources indicating that a total of upto 100 employees would face action.
"The de-recognition order came in last night and their offices have also been sealed," the sources said, as the airline cracked down on the Union leaders.
Dinkar Shetty, a leader of the ACEU, said they were waiting for a formal communication from the management regarding termination and suspension before deciding on the future course of action.
ACEU and AIAEA had gone on a flash-strike on Tuesday to protest a 'gag order' directing the office-bearers of NACIL trade union to refrain from making public statements and harming the image of the company.
The Unions were demanding immediate withdrawal of the 'gag order'. But the Management claimed there was only a general circular which has been upheld by the Mumbai High Court and that there was no such 'gag order.'
Shortly after the strike was called off, civil aviation minister Praful Patel said the kind of behaviour shown by the striking employees cannot be tolerated repeatedly. "Whoever did it are absolutely irresponsible," he said.
The strike was called off following a Delhi High Court order. The Government had also turned the heat on the striking employees giving a free hand to Air India management to take stern action against them. About 20,000 employees belonging to ACEU and AIAEA had gone on strike, according to the Unions. The striking employees accounted for roughly 60 per cent of the airline's staff.
Source: Times of India
Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS
N0.4/25/2008- P&PW (D )
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS/ WELFARE)
3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi-110 003, Dated the 26 May 2010.
Subject: Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.
The undersigned is directed to say that in pursuance of Government's decision on the recommendations of Fifth Central Pay Commission, the Govt. had issued instruction vide this Department's O.M. No.45/57/97-P&PW(C) dated 19.12.97 for grant of Fixed Medical Allowance @ Rs.100/- per month to the Central Government pensioners/family pensioners residing in areas not covered under Central Government Health Scheme administered by the Ministry of Health & Family Welfare and corresponding health schemes administered by other Ministries/Departments for their retired employees for meeting expenditure on their day-to-day medical expenses that do not require hospitalization. Further clarifications were issued vide this Department's O.M. Nos. 45/57/97-P&PW(C) dated 24.8.98, 30.12.98 and 18.8.99.
2. The demand for enhancement of FMA has been under consideration of the Government for some time past. Sanction of the President is hereby conveyed for enhancement of the amount of FMA from Rs.100/- to Rs.300/- per month. The other conditions for grant of FMA shall continue to be in force.
3. These orders will take effect from 01.09.2008.
4. These orders are issued with the concurrence of the Ministry of Finance (Deptt. of Expenditure) vide their I.D. Note No 347/E.V/2010 dated 14.5.2010 and in consultation with the Comptroller and Auditor General of India vide their UO No. 36-Audit (Rules)/28-2-9 dated 26.5.2010.
6. Hindi version will follow.
Wednesday, May 26, 2010
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Tel: 011-2510 5324: Mobile: 98110 48303
Dated 25th December. 2010
A joint Committee on MACP met today under the chairmanship of Joint Secretary Establishment of DOPT. Following issues were discussed:
1. Item No:1:Provide Grade Pay of the next promotional post under MACP.
Staff Side pressed for placement in the Grade Pay of the Promotional Post instead of next higher Grade Pay in the hierarchy of revised Pay Band and Grade Pay. It was insisted because the career progression only means the promotion in the hierarchy and not to a Grade Pay which is not present in the hierarchy of the respective department.
The Staff Side also gave an alternative that first two MACPs after 10 and 20 years should be to the next promotional post as per the hierarchy of respective department as under the erstwhile ACP scheme and thereafter the third MACP in the next Grade Pay of the Revised Pay Band and Grade Pay.
2. Item No:2:Date of Effect.
It was demanded that MACP scheme may be introduced with effect from 1.1.2006. A scheme which has been recommended by the 6th CPC will be not available to those employees who have opted for revised pay scales w.e.f. 1.1.2006 but had retired or died before 1.9.2008, which is very anomalous.
3. Item No:3:Option for earlier ACP Scheme.
Staff Side pointed out that the benefit which employees were getting through two ACPs after 12 and 24 years of service is much higher than the benefit that they will get under MACP after three financial upgradations. It was therefore urged that the service conditions which were available to the existing employees cannot be adversely revised and if that happens then an option to retain the old scheme is inherent. And if the present MACP is not converted to hierarchical pattern, then at least an option may be given to retain the erstwhile scheme of ACP.
4. Item No:7:Grant of financial upgradation between 1.1.2006 and 31.8.2008.
In Para 9 of the DOPT OM dated 19.5.2009, it had been provided that earlier ACP scheme will continue to operate for the period from 1.1.2006 to 31.8.2008. However, this is not being allowed to officials who have opted for revised Pay Band and Grade Pay with effect from 1.1.2006. In some offices, it is being insisted that financial upgradation under the earlier ACP would be granted only in the pre-revised pay scales and they will have to opt for the revised pay scales only from the date they are granted the financial upgradation under earlier ACP. It was demanded that earlier ACP benefit may be given also to those officials who have come over to the Revised Pay Band and Grade Pay with effect from 1.1.2006.
5. Item No:8:Anomaly on introduction of MACP Scheme.By an illustration in respect of Junior Engineer of CPWD, it has been pointed out that under earlier ACP they will go up to the revised Pay Band 3 with Grade Pay of 6600/- on completion of 24 years of service, whereas under the MACP Scheme, even after 30 years of service and getting third MACP they will get the Grade Pay of 5400/- only in PB-2. This is obviously less advantageous and therefore the demand for option to retain the old ACP scheme has been insisted.
The Official Side indicated that they will consider all these demands and in the next meeting they will indicate how far they can go.
6. Item No:4: Applicability of MACP Scheme to Group D employees who have been placed in the Grade Pay of 1800/-.
The DOPT had already stated that all promotions and upgradations granted under ACP Scheme of 1999 in the post of four pay scales S-1, S-2, S-3 and S-4 shall be ignored for the purpose of MACP. In other words all the three MACP will be available to all the Group D employees who have since been placed in the grade pay of 1800/-. If an employee has completed 10 years of service he should be granted the GP of 1900/-; if completed 20 years of service he should be granted the GP of 2000/-; and if he has completed 30 years of service he should be placed in the GP of 2400/-. In some departments these MACP has not been granted to the Group D employees. The staff side therefore insisted an enabling clarificatory instructions may be issued. The Official Side agreed to issue such clarificatory instructions.
7. Item No:5: Counting 50% of service rendered by Temporary Status CLs for reckoning 10,20, and 30 years of service under MACP scheme.
It was pointed out that the Railways have already issued orders for counting 50% of service rendered by Temporary Status Casual labourers for reckoning 12 and 24 years of service under the old ACP scheme. It was also pointed out that Courts have also ordered that total service rendered as TS CLs may be counted for the purpose of ACP. The Official Side were of the opinion that 50% of service rendered by TS CLs has been counted only for the purpose of pension. The Staff Side pointed out that the TS CLs have been granted all the facilities admissible to a Temporary Employee in respect of leave, increment, pay scale etc and therefore this may be deemed as a regular service for the purpose of MACP also as has been done by the Railways. The Official Side wanted the order of the Railway Department regarding ACP and the Orders of the Courts for their examination.
8. Item No:6: Supervised staff placed in higher Grade Pay than that of the supervisor.The Staff Side suggested that this item may be transferred to National Anomaly Committee item and discussed there. This has been agreed to.
There are 23 more items which have been suggested by the Staff Side leaders of Railways. It was pointed out that leaders of other departments may also suggest many other anomalies related to MACP. The Staff Side stated that as and when these additional items are received they may be included in the Agenda for discussion in the subsequent meetings. The Official Side agreed to.
NOTE: All Affiliated Unions / Associations of the Confederation may send items of anomalies of MACP to the headquarters at the earliest for enabling inclusion in the next meeting. The Official Side indicated that the next meeting of the Joint Committee will be held very soon.
As we read the Orders of the Department of Railways that revised the OTA of its own employees based on the recent Basic Pay, Grade Pay and other Allowances implemented by the 6th CPC, we feel that we are discrimiated and treated as the children of a Step-Mother!
No revision of OTA for employees of different departments including Postal, Income tax , AG's & others after 5th CPC and now after 6th CPC - This is most unjust and unacceptable - Government can revise the OTA after 5th CPC and also again after 6th CPC for Railway employees but cannot do so for Postal and other employees despite an Arbitration Award in this regard after the 5th CPC - A collective action by the entirety of CG Employees in this matter is urgently called for - Confederation will raise this issue with the Staff Side.
The orders of the Ministry of railways is reproduced below for the information of the members:
GOVERNMENT OF INDIA / MINISTRY OF RAILWAY
S.No. PC-VI/189 RBE No. 29/2010
No. PC-V/2008/A/O/3(OTA) New Delhi, dated 17.02.2010
The General Managers
All Indian Railways and
(as per mailing list)
Sub: Grant of Overtime Allowance to Railway employees consequent upon revision of pay scales and allowances.
Pursuant to the recommendations of the Sixth Pay Commission, the issue of revision of Over Time Allowance has been under consideration and in partial modification of the Board's earlier orders on the subject, it has been decided by the Board that the Railway employees who are governed by the Statutory Acts like the Factories Act, Hours of Employment Regulations or those covered under rules for Departmental Overtime and who have opted for the revised scales of pay in terms of Railway Services (Revised Pay) Rules, 2008, may be granted overtime allowance, on the basis of their emoluments in the revised scales of pay.
2. The emoluments, for the purpose of computation of rates of OTA will comprise the following:
a) Railway employees governed by Factories Act
• Basic Pay (Pay in Pay Band + Grade Pay)
• Dearness Allowance
• House Rent Allowance
• Transport Allowance
• Cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to (excluding wages for Overtime work or Bonus)
b) Railway employees governed by HOER
• All the items as shown in (a) above except House Rent Allowance
c) Railway employees governed by rules Under Departmental Overtime
(i) Employees working in Loco Sheds and C & W Depot
• All the items as shown in (a) above except House Rent Allowance
(ii) Other Railway employees governed under Departmental Orders
• Basic Pay (Pay in Pay Band + Grade Pay)
• Dearness Allowance
3. The revised rates of Overtime Allowance shall be effective from 01-9-2008.
4. With a view to minimize instances of OTA, General Managers may take following measures:-
(i) Prepare an action plan for systematic and efficient utilization of manpower covering various aspects viz. filling up of vacancies, especially in Running staff and operational categories, proper management of sanction of leave and rational deployment of staff.
(ii) Conduct a fresh job analysis of the duties of Motor Car Drivers who are presently classified as 'Continuous' to determine their actual period of working requiring sustained attention.
(iii) Prefer hiring of vehicles for official use, if necessary.
(iv) Allow compensatory off to the staff booked on holidays due to exigencies.
(v) Direct all the RRBs to follow a uniform pattern by giving compensatory off to their staff instead of OTA.
(vi) Review payment of OTA to supervisors in the Pay Band-2 except to those who are earmarked for breakdown duties, to minimize the incidence of OTA.
5. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
Tuesday, May 18, 2010
Dated: 18th May, 2010
The 46th meeting of the National Council, JCM was held today at Rail Bhawan, Conference hall under the Chairmanship of Shri K.M. Chandrasekhar, Cabinet Secretary. The 45th meeting was on 14th October, 2006. The 46th meeting was thus held after two and half years, whereas the provisions of the JCM stipulates that the meetings are to be convened once in every four months. i.e. three meetings in a year.
The Chairman welcomed the members and stated that there had been a long delay in convening the meeting. However, he said that the Government had been interacting with the staff side frequently and cited the meeting of the Standing Committee had with him immediately after the 6th CPC recommendations were notified; convened the Standing Committee thereafter under the Chairmanship of the Secretary, Personnel; Government issued orders on the recommendations of the 6th CPC in record time, and ensured that the Anomaly Committee is set up without much loss of time and discussions were held with the Staff side twice in the Anomaly Committee and has agreed to set up a small committee to look into the problems of the MACP. He also stated that the Government's endeavour to resolve the disputes and problems faced by its employees through mutual discussion would continue with a view to maintain cordiality. He then requested the Leader and Secretary, Staff Side to make their initial remarks before the Agenda is taken for discussion.
The Leader, Staff Side thanked the Cabinet Secretary and the Government for taking expeditious decision on the 6th CPC suggestions and expressed his gratitude for his intervention to make improvements in the recommendations of the Commission. However, he touched upon the following issues seeking a resolution;
(a) Child Care leave,. The clarificatory orders issued by the government has in effected nullified the benefit extended to the Women employees by the Commission and the Cabinet. He wanted the clarificatory orders in this regard to be rescinded. He added that if the Government has any practical difficulties in implementing the orders issued in this regard, the same may be discussed with the Staff Side. He assured the Cabinet secretary that the Staff Side will take a very constructive attitude in the matter.
(b) Children Education allowances. He said that the allowance has been restricted to two eldest surviving children. He wanted the Govt. to reconsider this matter,.
(c) The MACP scheme is supposed to be an improvement over the ACP which was in vogue. However in view of the promotion to the next grade pay stipulated in the new scheme, it has turned out to be less advantageous to many employees. He hoped that the Sub Committee would look into the matter and resolve the issue to the satisfaction of the employees.
(d) The new concept of Pay band and Grade Pay has created a situation in which the Senior Persons would be drawing lesser pay than their juniors. This matter has been the subject matter of discussion at the Anomaly Committee meeting. Though the Railways by issuing an order have partially set right this anomaly, the issue has not been fully addressed. Since this has created resentment amongst the employees, he wanted the Govt. to look into this matter and resolve the issue.
(e) Normally after every Pay Commission Govt. used to raise the income taxable limit. This was not done this time, with the result even the low paid employees have come within the ambit of taxation.
(f) The inordinate delay in convening the National Council and Departmental Councils was pointed out and requested that steps are needed to ensure that the meeting do take place within the stipulated periodicity.
The Staff Side Secretary while speaking raised the following issues for consideration and resolution.
(a) He said that the harmonious relationship could only be maintained with a continuous dialogue. . The JCM was conceived with that idea. Initially the employees were against the idea of JCM but at the insistence of the then Home Minister, they had agreed and the track record has shown that it has helped in maintaining industrial peace in the Governmental sector. He therefore pleaded that the Council meetings should be convened within the stipulated period of time. He added that most of the Departmental Councils have become defunct and anomaly committee were not being set up at that level with the result all items of anomaly which are normally to be addressed at the Departmental levels were being referred to the National Council. He pleaded that the Govt. should take a serious view of this matter and ensure that the Departmental Councils of all Ministries are periodically convened and the National Council apprised of the functioning of the Departmental Councils as it used to be done in the past.
(b) Arbitration Awards. Arbitration was in built in the JCM scheme. On issues on which agreements could not be reached are to be referred to the Board of Arbitration. Both the Parties are supposed to abide the decision of the Arbitrator. The Govt. is vested with the power of referring the Parliamentary approval for rejection of the awards on certain specific circumstances like the expenditure on implementation of such awards would have a serious deleterious effect on the economy of the country. Of late the government had been referring every award to the Parliament for rejection. Even though it was agreed that such reference would be intimated to the Staff Side well in advance, the same had not been adhered to. He added that recently he was informed of such a rejection of an award being considered by the Parliament on 4th May, 2010. The Staff side was informed of this only on 3rd May, 2010. It was agreed at the National Council that all such awards which had been referred to the Parliament would be recalled and subjected to negotiation with the Staff Side. Two or three rounds of discussions were held with the Staff Side. But no conclusions were arrived at despite the Staff Side agreeing for the modification of these awards. He, therefore, wanted these awards to be re-subjected to further negotiations and decisions taken by mutual consent.
(c) DOPT has issued recently questionnaire on the functioning of the JCM. The members of the Staff Side had given reply to the said questionnaire. In the light of that he suggested to set up a joint committee to review the scheme with a view to improve its functioning.
(d) The Grade Pay and Pay band system introduced by the 6th CPC for improving the productivity of Government Services was a revolutionary concept and the same had not been fully grasped by the employees. Therefore, all the grievances that arise from the implementation of the 6th CPC had not been catalogued and presented at one go. He requested that the Govt. should continue to consider the problems of the employees as and when it is presented.
(e) He said that the recommendation of the 6th CPC was to double all the allowances . He complained that the Government has not done this in some cases for one reason or the other. What is needed is to double this allowance and then work on alternatives. As and when the alternatives are worked, these allowance could be withdrawn. He then enquired about the delay in revising the Medical Allowance for outpatient treatment for pensions The Official side intervened and said that the said allowance would be revised to Rs. 300 p.m. and the orders would be issued soon. The entire Staff Side resented this decision in the light of the fact that even the Health Ministry's suggestion was to raise it to Rs. 500/-.on the basis of the per capita OPD expenses.
(f) He then referred to the orders issued by the Government to the effect that the future promotion to the cadre of LDC would only be from among those who are qualified in the XII Std. Examination. He said that while this could be a stipulation for future recuitees, it cannot be applied for the existing employees as it would be impossible for them to acquire the said qualification.
(g) Even though the fast Track committee has done a commendable job in the case of Master Craftsmen, the same has not been implemented in Defence so far.
(h) He wanted the Govt. to waive the bonafide transport allowance granted to the employees of Lucknow and Jaipur which has been ordered to be recovered on the basis of the audit objection, especially in the background that in the case of those who had gone to the Court, the relief has been granted.
(i) He specifically drew the attention of the official side to the letter the Staff Side had written in the case of those Group D employees died or retired before getting the benefit of training and assignment of Grade pay of Rs. 1800. He wanted them to be treated as deemed to have been trained and benefit of Grade pay of Rs. 1800 extended to them with effect from 1.1.2006
The Chairman, responding to the points made out by the Secretary and leader stated that the same has been noted and necessary action would be taken by the Govt. and communicated. In the case of convening the Departmental Council meetings, he said that he would write to All Secretaries of the Govt. of India to immediately convene the Departmental Council meetings/Anomaly Committee meeting.
The agenda items were taken up then for discussion. We give hereunder the decisions taken on each of the items that came up for discussion..
Item No.1. Reimbursement of Ayaa charges – delegation thereon: Agreed. Orders issued.
Item No.2. Reimbursement of expenditure towards implantation of special types of stents like cipher stent etc. in case of CS(MA) beneficiaries – delegation thereon:. Orders issued delegating powers to the HODs
Item No.3. Pathological and diagnostic procedures: Diagnostic centres identified and recognized for the City of Jaipur.
Item No. 4. Grant of FMA in lieu of out door treatment facilities. The facility of extending FMA benefit to CGHS Card holders who are beyond the age of 70 would be considered. It was also stated that the Govt. would be issuing orders shortly raising the FMA from Rs. 100 to 300 for all pensioners covered under CSMA rules.
Item No.5.Relocation of one CGHS dispensary in Wadi area under the jurisdiction of Municipal Corporation Nagpur. Decision in the matter would be taken soon.
Item No. 6. Specialized consultation in PU hospital like Ispat Hospital, HEC Hospital and CCL Hospital, Ranchi. The matter is under consideration to permit the CGHS beneficiaries to avail the treatment in the above mentioned hospitals subject to an overall ceiling.
Item No. 7. Supply of free diet to employees and their dependant under treatment for TB Leprosy, Mental, Illness, Cancel and HIV/AIDS, Renal Dialysis therapy, Thalsaema. Orders issued.
Item No. 8. Sanction of incentive allowance to Central Government employees working in extremists infested areas. Not agreed.
Item No.9 Declaration o Gandhinagar as Link City of Ahmedabad. Final decision by the next meeting.
Item No. 10. Up-gradation of Jamnagar as B.2. Town with effect from 14.2.2006. The Department of Expenditure will reconsider the matter.
Item No.11. Up-gradation Bangalore City with effect from 16.1. 2007. The Department of Expenditure will reconsider the matter.
Item No.12. Anomaly in fixation of revised pension. Not agreed.
Item No.13. Eligibility of Family pension to Widow/Divorce Daugher/unmarried Daughter whoa re now eligible for payment of family pension for inclusion of names in PPOs issued much earlier. Govt. will issue a general clarification order soon.
Item No.14. Grant of family pension in case of Missing Pensioners after two months. Instead of two months, Govt. has agreed to reduce the period to 6 months.
Item No.15. Grant of half day casual leave facility for industrial employees. It was agreed that the condition imposed in the order would be removed.
Item No. 16. Relaxation of Upper age limit for departmental candidates for appointment to Group C Posts. In the light of extension of superannuation age to 60 years, the upper age ceiling for this purpose would be raised by two years.
Item No. 17. Rate of Stitching charge of liveries requires to be increased. Agreed to be considered and raised in 2011.
Item No.18. Casual labourers (Grant of Temporary Status and Regularization) scheme- on implementation of. The matter is under consideration.
Item No. 19. Restricted holidays for Industrial workers. Not agreed to.
Item No. 20. Applicability of CCS(RSA)Rules 1993 to the workers employed in Defence Establishments. The Defence Ministry will seek legal opinion and would take appropriate decision.
Wednesday, May 5, 2010
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 4th May, 2010
Subject: Minutes of the Second Meeting of the National Anomaly Committee held on 27th March, 2010.
The undersigned is directed to forward a copy of the minutes of the Second Meeting of the National Anomaly Committee held on 27thMarch, 2010 in Conference Hall (Room No. 119), North Block, New Delhi under the Chairmanship of Secretary (Personnel) for information and necessary action.
Deputy Secretary (JCA)
MINUTES OF THE SECOND MEETING OF
NATIONAL ANOMALY COMMITTEE HELD ON
27TH MARCH 2010
The Second meeting of the National Anomaly Committee (NAC) was held on 27th March 2010 in Conference Room No.119, North Block, New Delhi under the Chairmanship of Secretary (Personnel). A list of participants who attended the meeting is annexed.
2.At the outset, the Chairman welcomed the representatives of the Staff Side and Official Side. Referring to the interesting and fruitful discussions held during the first meeting of the NAC on 12th December 2009, the Chairman stated that some progress has been made and stated that action taken on the decisions taken in the first meeting shall be shared with the staff side. The Chairman then suggested that issues pertaining to pensions may be taken up first for discussions as the representatives of the Department of Pension & Pensioners' & welfare had to attend another meeting, although that meeting had been postponed. The Chairman also informed that the 46th Meeting of the National Council (JCM) has been scheduled to be held on 15th May 2010 under the Chairmanship of Cabinet Secretary. The Chairman also reiterated the resolve of the Government to ensure early resolution of all the anomalies by holding meaningful discussions with the staff side. Thereafter, the Chairman invited the Leader and Secretary of Staff Side to make the opening remarks before moving to the agenda items.
3. Leader of the Staff Side Shri M. Raghaviah thanked the Chairman for convening the second meeting of the National Anomaly Committee. He further stated that employees are anxiously waiting for the NAC to produce results. Referring to the anomaly in the date of next increment, Shri. Raghaviah stated that this anomaly should be removed without any further delay. He further stated that action taken on the minutes of the First meeting of NAC should be discussed. Thereafter, Shri Raghaviah drew the attention of the Committee towards the problems emanating from the modified ACP Scheme and requested for early rectification of the same.
4. Secretary of the Staff Side Shri Umraomal Purohit thanked the Chairman and stated that the report of the 6th Pay Commission is absolutely new and therefore, there are certain concerns which must be addressed suitably. Referring to the issue of change in the definition of anomaly which was raised during the first meeting of the NAG, he stated that the Terms of Reference for the NAC constituted after the 5th CPC were jointly agreed. He further stated that this agreed definition of anomaly was changed after the 6th CPC and the Chairman had assured in the last meeting that this should not lead to any problems. However, another related problem anticipated by the staff side is that the present definition would form the basis for formulating the Terms of Reference of the NAC after the 7th CPC and this could lead to problems at that time. Therefore, while currently there may not be any problem due to deletion of the particular para from the definition of anomaly. but in future there could be some dispute regarding the agreed definition of anomaly as generally, the government works on the basis of precedents. He, therefore, requested that this aspect should be recorded in the minutes of the meeting so as to obviate problems I disputes in future. He then referred to the general recommendation of the 6th CPC that all such allowances, in respect of which there was no specific recommendation, should be doubled. He further stated about the recommendation of 6th CPC to discontinue certain allowances like the Patient Care Allowance and Risk Allowance and to introduce new schemes in lieu thereof in consultation with the staff side. He referred to a specific recommendation of the 6th CPC regarding introduction of the Risk Insurance Scheme to replace the Risk Allowance. He suggested that until the new schemes are formulated by the Government, in consultation with the staff side, such existing allowances should be continued and their rates must be doubled in view of the general recommendation of the 6th CPC. Regarding the suggestion the Chairman to first discuss the issues related to pensions, Shri Purohit stated that the staff side has no objection to the same.Regarding the anomalies in the MACP, Shri Purohit suggested that a Joint Committee comprising of members or the official and staff side may be constituted to thoroughly examine the anomalies in the MACP. The recommendations of the Joint Committee can be placed before the NAC for a final decision in the matter. Referring to the various agenda items before the NAC, Shri Purohit also stated that there is a need to work a little faster. Shri Purohit also drew the attention of the Committee to the fact that CCA has been abolished by the 6th CPC by merging it with the Transport Allowance. He stated that prior to this, CCA was treated as ‘Pay’ for all purposes, particularly for calculation of overtime in respect of industrial workers. He was of the view that these kinds of unintentional problems emanating from the 6th CPC report should not be overlooked. In the last, he once again thanked the Chairman and stated that he was sure that all the anomalies would be resolved under ‘ the leadership of Secretary (P).
5. The Chairman stated that the government also recognise the need for faster resolution of all anomalies. The Chairman agreed to the suggestion for creation of a Joint Committee to look into the anomalies related to MACP. The Chairman while acknowledging the new structure and approach of the report of the 6th CPC, re-iterated the suggestion given by him in the first meeting of NAC that in case certain problems and difficulties are being faced due to insufficient understanding with regard to ecommendations of the report of the 6′th CPC, the same may be brought to the notice of the Department of Personnel & Training so that these could be appropriately addressed and clarifications / explanations may be issued / uploaded on the website of the Department in order to obviate the need for future references on such matters. With respect to change in the definition of the agreed definition of anomaly,the Chairman stated that this aspect had already been recorded in the minutes of the first meeting of the NAC and if needed, the same can again be recorded for posterity that the staff side had taken up this issue in the NAC and it was agreed that it would be the endeavour of the Government to ensure that this change does not lead to any problems now or in the future. Regarding the new schemes to replace some of the allowances like Patient care Allowance and Risk Allowance, the Chairman assured the staff side that it would be the endeavour of the Government to ensure that new schemes are introduced only afler consulting the staff side. Regarding continuation of the risk allowance at old rates till the new Risk Insurance Scheme is finalised, the Chairman agreed that this matter will be examined.
6. Thereafter, the staff side raised the issue relating to the revision of the Fixed Medical Allowance (FMA). ‘The representatives of the Department of Pensions and Pensioners’ Welfare informed that a proposal to revise the FMA has been moved and presently the same is under consideration of the Committee of Secretaries. The Chairman stated the he will take up the matter with the cabinet secretary regarding an early decision on the matter.
7. Thereafter, the anomalies as per the agenda were taken up for discussion:
Item No 9: Anomaly in pension for government servants who retired/died in harness between 1 .1.2006 and 1.9.2008
Director,Department of Pension informed that during the first meeting of the NAC, under this item, the issue of non release of second instalment of arrears to the pensioners was raised. It was agreed that Department of Pension will take necessary steps to sort out the problem. Director, Department of Pension informed that in this connection, Secretary (P) took up the matter with the Secretary, Department of Financial Services and the Department of Pension took up the matter with the concerned authorities and now the problem has been resolved. Regarding the issue of release of life time arrears to the family pensioners, director,Department of Pension informed that suitable instructions in this connection already exist. The Chairman suggested that oncerned instructions should be reiterated to ensure speedy release of life time arrears to family pensioners. The item was treated as closed.
ltem Nos. 15. 16, 17 & 21:- Parity/ modified parity in pension/revised pension/familypension of all pre-1996 retirees with those who retired on or after 01 .01.2006.
The Official Side stated that the matter has been examined in detail on the basis of note given by the Staff Side. However, it has not been found feasible to agree to the demand of the Staff Side as revised pension has been fixed strictly in accordance with the rinciples enunciated by the 6th CPC for the same. Director, Department of Pension further informed that the matter was taken up with the Department of Expenditure and it has been decided that the modified parity adopted will stand as the same method was adopted after the implementation of the recommendations of the 5th CPC. However, even after a prolonged discussion in the matter, there was difference of opinion between the Official and the Staff Side. In view of this deadlock, the Chairman stated that the view point the staff side has been understood by the official side and that the official side will take a stand in the matter after taking into account the views expressed by the staff side. He then suggested moving on to the next agenda item.
ltem No.18: Anomaly in Pension of those retiring within the first 9 months of the year 2006..
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued to allow the last pay drawn as the basis of pension calculation for those who retired on or after 1 .1,2006. As the anomaly has already been resolved, it was decided to treat the item as closed.
Item No.19: Revision of pension of those who retired during the period 1.1.2006 to 1.9.2008.
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued to the effect that the benefit of full pension on retirement after 20 years of service has also been extended to employees who retired between 1.1.2006 to 1.9.2008. As the anomaly has already been resolved, it was decided to treat the item as closed.
ltem No.22:- Revision of pension of those who are receiving two pensions.
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued vide O.M. dated 12th 0ctober 2009 to the effect that in respect of persons receiving two pensions, the floor ceiling of basic pension of Rs.3500/- per month shall apply individually. Therefore, it was decided to treat the item as closed.
ltem No.23:- Special provision for those who retired on or after 1.1.2006 but retained pre revised scale of pay.
Director, Department of Pension and Pensioners’ Welfare informed that although such a case has not come to the notice of that Department, however, the matter has been taken up with the Ministry of Finance and the same is under consideration. After detailed discussion, it was decided that the
staff side will try to provide specific cases where problems are being faced due to retention of prerevised pay scale. It was also decided to look into the modalities adopted in such cases after the implementation of the recommendations of the 5′th CPC.
ltem Nos.24.25 & 26:-Commutation of pension / additional pension
The staff side stated that the additional amount of pension commutation due to retrospective revision of pay of post 31” December 2005 retirees, should be done on the basis of the then existing (old) commutation table whereas the government has decided that this should be done on the basis of the New Commutation Table recommended by the 6thCPC. The staff side further stated that this dispensation is anomalous and the then existing table should only be used to calculate the amount of the additional commutation of pension becoming due on account of the revision of pay scales. The official side stated that the 6th CPC has
recommended that if a pensioner opts for additional commutation of pension due to retrospective revision of pay, then the amount of additional pension commutation should be calculated on the basis of the New Commutation Table. It was further clarified by the official side that if the concerned pensioner did not opt for additional commutation, then the issue of using the new or old table would not come into being. Therefore, the alternative of not opting for the additional commutation is already available to the concerned pensioners if they feel that the revised commutation table is not favourable to them. Moreover, the official side also clarified that as per the scheme of things approved by the cabinet, the revised commutation table is to be used for calculating only the future commutation of pension and will not be applied to the past commutation. In respect of* pensioner who has already commuted the pension, the revised commutation table shall be used only to compute the amount of pension that has become additionally commutable due to retrospective implementation of the revised pay scales. After detailed discussion on the matter, it was decided that as the new dispensation has been formulated strictly in accordance with the recommendations of the 6′th CPC However, there was no consensus on the item and it was decided to move to the next agenda item.
ltem No 36; Income criteria in respect of parent and widowed/ divorced/ unmarried daughters.
The staff side demanded as everyone does not get Dearness Allowance (DA), the limit of Rs.35001- plus DA should be converted into a fixed amount for deciding the income criteria in respect of parent and widowed1 divorced1 unmarried daughters. After detailed discussion, it was agreed that the official side will re-examine the issue.
ltem No.48- Restoration of commutation of pension after 12 years instead of 15 years.
Director, Department of Pension and Pensioners’ Welfare informed that after examining the matter in detail, the 6th CPC has recommended that the existing 15 years period for restoration of pension should be maintained. However, the staff side was of the opinion that the commuted portion of pension is actually recovered by the Government within 12 years and therefore there is a need to have a relook in the matter. The staff side also referred to their calculations in this regard and requested the Official Side to reconsider the matter. After detailed discussion, it was decided that Official Side will re-examine the calculation given by the Staff Side and also the calculations used by the 6′th CPC.
ltem Nos.54 to 59
The official Side informed that item nos. 54 to 59 relate to anomalies pertaining to Union Territory of Puducherry. It was further informed by the Official side that the administration of Puducherry has constituted an Anomaly Committee at the local level. Therefore, it was agreed that these items may be dropped from the agenda of the National Anomaly Committee. However, the staff side also stated that the Anomaly Committee constituted by the Administration of Puducherry should be on the pattern of the departmental anomaly committees and staff side should also be given due representation in the same.
ltem Nos.52 & 53
The Official Side informed that these two items relate to anomalies pertaining to the Union Territory of Andaman & Nicobar Islands and therefore suggested that the same may also be dropped from the agenda of NAC. The Staff Side agreed with the suggestion subject to the condition that some
mechanism should be evolved at the local level to discuss these anomalies. The Official Side agreed to take up the matter with the Ministry of Home Affairs.
Aqenda Item Nos. 1 to 4 & 5(iii)- Anomaly in Pay Fixation in case of merger of various Pay Scales.
The Staff Side reiterated their demand that since the pre-revised Pay Scales of Rs.5000-8000/-, Rs.5500-9000/- were merged with the pay scale of Rs.6500-10500, the pay of the incumbents holding the pay scales of Rs.5000-8000/- and Rs.5500-9000 should have been fixed with effect from 1.1.2006 by applying the multiplying factor of 1.86 at Rs.6500/-. The Official Side informed that incumbents in the pre revised pay scale of Rs.6500-10500 have been granted Grade Pay of Rs.4600/- and hence now, there is no justification for this demand. The staff side, however, stated that it would be incorrect to presume that the anomaly has been resolved by granting grade pay of Rs. 4600 to employees in the pre-revised scale of Rs. 6500-10500. The staff side stated that pre-revised pay scales of Rs 5000-8000/- and Rs 5500- 90001- have been merged with the pre-revised pay scale of Rs 6500-10500/- and therefore, employees in these pay scales should be given the minimum of Rs 6500/- multiplied by 1.86 as basic pay in the pay band.
Agenda Item No.5- Revised Pay Rules
(i) Regarding finalisation of option to be given by the employees for the purpose of pay fixation, it was informed by the representatives of the Department of Expenditure that matter regarding delegation of powers to the administrative Ministries/ Departments to allow the revised option is under consideration.
(iv) Regarding anomaly in fixation of pay between direct recruits and promotees, the Staff Side reiterated that while applying Rule 8 of the CCS (RP) Rules, 2008, the pay of direct recruits and new entrants is fixed at a higher stage when compared to the existing employees who were promoted in the same grade. The Staff Side demanded that this anomaly should be rectified by incorporating a provision that in case after 1.1.2006, if a promotee’s pay is getting fixed at a stage lower than that of a direct recruit as given in Section 2 of the First Schedule of the CCS (RP) Rules, then the pay of the promotee should be fixed at the same stage as that of a direct recruit/ new entrant so that the existing employees’ pay is protected at par with the pay given to a new entrant. The Staff Side referred to the orders issued by) the Ministry of Railways for stepping up of the pay of a senior employee who is after promoted after 1.1.2006 and if his / her pay is fixed at a stage less than that of a junior employee who is recruited after 1.1.2006 and requested that Department of Expenditure should issue similar order/clarification in respect of employees of other Ministries/ Departments. The Official Side, however, was of the opinion that such orders should be issued only by the concerned Ministries/ Departments after seeking approval of the Department of Expenditure. Representatives of the Department of Expenditure also informed that the order issued by the Ministry of Railways is not applicable to all the cases and also that the same is applicable only in certain cases subject to fulfilment of certain conditions. Therefore, Representatives of the Department of Expenditure were of the view that a general order in this regard might create more confusion and hence it would be prudent to deal with the issue on case to case basis. In response to the suggestion of the staff side to re-examine the matter, representatives of the Department of Expenditure stated that the matter has already been examined and in cases, where the conditions of stepping up are met, there is no difficulty. However, in cases, where certain conditions are not met, it may not be possible to accommodate the demand of the staff side with the broad principles envisaged by the 6′th CPC in this regard. The staff side than stated that as per the relevant provisions of the Fundamental Rules, anybody who is promoted, his / her pay cannot be fixed at a stage lower than the minimum of the pay scale in which he /she has been promoted. The staff side further stated that any person, who is appointed afresh to a post, is normally appointed at the minimum of that pay scale. Therefore, whatever pay has been prescribed for a direct recruitee, has to be treated as the minimum of that particular post in the concerned pay band. On this basis, the staff side stated that pay of a promotee should not be fixed lower than that of a direct recruitee in a particular pay band. The representatives of the Department of Expenditure stated that as a general preposition, this is not in line with the scheme of things envisaged and implemented as result of the recommendations of the 6th CPC. Therefore, agreeing with the demand of the staff side would mean departing from the general recommendations of the 6′h CPC and therefore additional information is required before taking any decision on this matter. In this regard the staff side contended that it is a question of relevant Fundamental Rules and not regarding the recommendations of the 6th CPC. The Staff Side insisted that provisions of the Fundamental Rules are statutory and therefore, they are above the recommendations of the 6′h CPC and would prevail over them. Representatives of the Department of Expenditure stated that as per Rule 15 of the CCS (RP) Rules, 2008, the provisions of CCS (RP) Rules 2008 shall prevail in case there is any inconsistency between these rules and Fundamental Rules and therefore, the contention of the Staff Side regarding inconsistency with the Fundamental Rules and provisions regarding fixation of pay on promotion is not correct. After a prolonged discussion on the matter, it was decided that the Official Side will re-examine the matter.
(v) Regarding the anomaly relating to Rule 9 of the CCS (RP) Rules, 2008, concerning the date of next increment, the Staff Side reiterated their demand that employees whose date of next increment falls between 1st February to 1st June may be given an increment, as a onetime measure, in the pre revised pay scales on 1.1.2006 as has already been done in respect of employees whose next date of increment was 1.1.2006. The representatives of the Department of Expenditure stated that it is important to first examine the repercussions of granting an increment w.e.f 1. 1. 2006 in the pre revised pay scale because such a decision may eventually lead to certain other anomalies. After a long discussion, it was agreed that the Official Side would re- examine the matter and either suitable clarification in this regard will be issued before the next meeting of the National Anomaly Committee or if there is a need, the Department of Expenditure shall discuss the matter again with the representatives of the Staff Side.
(vii) The issue regarding temporary status casual labourers was discussed. The Staff Side stated that the temporary status casual labourers should be imparted the requisite training and granted grade pay of Rs.1800/- w.e.f. 1.1.2006. In this connection, the Official Side informed that the Department of Personnel & Training has already taken up the matter with all Ministries/ Departments and information has been called from all Ministries / Departments regarding the number of temporary status casual labourers and the proposals relating to three Ministries/ Departments have already been cleared. It was also informed that no proposal of any Ministry/ Department is pending with the Department of Personnel & Training. Therefore, the required action has already been initiated in this regard. Agenda Item No.47: Date of Annual Increment in EOL cases The Staff Side stated that after the implementation of the recommendations of the 6′h CPC, the date of annual increment in respect of all the employees has been fixed as 1st July every year. In this regard, the Staff Side drew attention towards a clarification given by the Department of Personnel & Training to the Ministry of Defence that in case of qualifying service of less than six months has been rendered between 1st January and 30′ June of every year on account of EOL, this will have the effect of postponing one’s increment to 1′ July of next year. The Staff Side stated that this is quite an anomalous situation and requested that this anomaly should be removed at the earliest. After a detailed discussion on this subject, it was agreed that if an employee has rendered minimum of six months of qualifying ’service during a particular year, he or she should be entitled to get the annual increment on 1st July. It was also agreed that Official Side would issue appropriate instructions in this regard at the earliest.
8. In the end, the chairman thanked the members of the staff side for their help and cooperation for a rigorous and fruitful discussion. The Chairman reemphasised that the staff side should proactively share with the official side the queries about the report of the 6th CPC so that explanatory notes / clarifications etc. could be prepared and uploaded on the website of the Department of Personnel and Training. The Chairman also requested the Staff Side to quickly forward the names of the representatives of the staff side to be nominated as members in the Joint Committee on MACP so that the order regarding constitution of the Joint Committee could be issued. The Chairman then suggested that the next meeting of the National Anomaly Committee could be convened in the last week of June 2010. The staff side agreed with this suggestion.
|No||OFFICIAL SIDE||STAFF SIDE|
|1||Shri P.K. Sharma,|
Addl. Member (Staff), Min. of Railways
|1. Shri M.Raghavaiah,|
|2||Shri C.B. Paliwal,|
Joint Secretary, DOPT
|2. Shri U.M. Purohit,|
|3||Smt. Madhulika P. Sukul,|
JS (Pers), Dlo Expenditure
|3. Shri Rakhal Das Gupta,|
|4||Shri Ramesh Kumar,|
Joint Secretary & AFA, Min. of Defence
|4. Shri R.P.Bhatnagar,|
|5||Shri D.M. Gautam,|
Ex. Dir. (Pay Commission-I), Ministry of
Railways, (Railway Board)
|5. Shri Guman Singh,|
|6||Smt. Anjali Goyal|
Ex. Director, Min. of Railways
|6. Shri C.Srikumar,|
|7||Shri Hari Krishan,|
Director, Minism of Railways
|7. Shri S.K. Vyas,|
|8||Shri Raj Kumar,|
Director, Deptt. of Posts
|8. Shri Ch.Sankara Rao,|
|9||Shri Surender Kumar,|
Asstt. Director General, Deptt. of Posts
|9. Shri R.Srinivasan,|
|10||Shri Raj Singh,|
Director, Deptt. of Pensions
|10. Shri K.K.N. Kutty,|
|11||Smt. Tripti P. Gho’sh|
Director, Dlo Pensions
|1 1. Shri S.G. Mishra,|
|12||Shri Alok Saxena,|
Director (IC), Deptt. of Expenditure
|13||Smt. Simmi Nakra,|
Director (P&A), DOPT
|14||Smt. Rita Mathur,|
Director (Pay), DOPT
|15||Shri Dinesh Kapila,|
Deputy Secretary (JCA), DOPT and
National Anomaly Committee
|16||Shri Ravi Kant,|
Section Officer (SR), D/o Posts
5/06/2010 06:48:00 AM