Minutes of the meeting of the National Anomaly Committee Held
on 17th July, 2012
- 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 3.0o 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.
- 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.
- The Chairman also stated that after the last meeting of the National Anomaly Committee held on 5th January, 2012, Government has issued orders relating to grant of one increment in pre-revised pay scale on 1.1.2006 as a onetime measure in respect of all those employees whose next increment fell between 1.2.2006 to 30.6.2006 which was a significant resolution of the issue raised by the Staff Side. Further, Temporary Status Casual Labourers have since been granted wages on the basis of the Grade Pay of Rs.1800 at Pay Band I with effect from 1.1.2006 vide DoPT OM dt. 23.01.2012, an issue raised by the Staff Side in this committee. In regard to doubling of Risk Allowance, the Chairman informed that the Government was in the process of seeking Cabinet's approval to the proposal as requested by the Staff Side.
- The Chairman concluded by expressing that with the spirit of cooperation and mutual understanding as evinced in the earlier meetings the issues would get resolved through the process of constructive dialogue and discussion.
- The Leader, Staff Side, while thanking the Chairman raised the issue of irregular functioning of the JCM in various Departments. He pointed out that Departmental Councils were either not functioning or have not been constituted. He also suggested that to resolve problems in MACP Scheme an honest comparison of erstwhile ACP Scheme with MACPS may be made for analysing if there is any improvement.
- The Secretary, Staff Side, in his opening remarks stated that though the JCM Scheme has been effective in resolving disputes between the Central Government employees and the Government of India, of late, the scheme is not being administered properly causing discontentment among the staff of the Central Government . He requested the Chairman that it should be ensured that scheme functions effectively both at the National and Departmental levels in letter and spirit. He also pointed out that in many departments, Departmental Council has not yet been formed, and where Departmental Councils are in existence they are not functioning properly. He also requested that a separate discussion should be held on MACP Scheme related matters, and the date for the same should be fixed very shortly.
- The members of the Staff Side also raised the issue of slow progress in resolution of the issues and in this context demanded that greater delegation of decision making powers with the Ministries. The Official Side responded by stating that on issues related to common categories of personnel such a delegation of authority can lead to disturbance in vertical and horizontal relativities in the pay structure across several Departments/Ministries. Consequently, this shall give rise to a large number of anomalies which may be difficult to resolve. The Chairman assured that all the departments will be appropriately advised to revive the Departmental Councils functioning as per the JCM scheme. The Chairman also said that separate meeting for discussing the issues relating to MACP Scheme would be held under Joint Secretary (E), DoPT at the earliest in consultation with the Staff Side.
- The Agenda Items were subsequently taken up for discussion as follows:-
8.1 Items No.1, 2, 3 & 4 — Fixation of pay
in revised pay scale
On this item the Staff Side reiterated their demand
that the pay of the incumbents holding the merged pay scales of Rs.5000-8000/-
and Rs.55oo900o should have been fixed by applying the multiplying factor of
1.86 at Rs.65oo/-with effect from 1.1.2006 implying thereby that the
commencement point of the Pay Band 2 should be at Rs.i2o9o/- based on 650o X
1.86 = 12090 instead of Rs.93oo/- computed by multiplying Rs.5000/- by 1.86.
The Official Side maintained that the fitment tables are as much a part of the
6th CPC's report as in the narrative portion and hence the recommendations of
the 6th CPC have to be read in conjunction with the fitment tables.
The Official Side informed that incumbents in the
pre-revised pay scale of Rs.6500-to50o have been granted Grade Pay of Rs.4600/-
and therefore there was no justification for this demand. Since there was no
consensus on this issue, it was decided that on this issue a disagreement may
have to be recorded.
8.2 Special
Allowance and Qualification Pay
The Official Side referred to earlier discussions on this issue in the meeting held on 5th January, 2012. It stated that since special qualifying pay was revised from 1.9.2008 while the pay scales were revised from 1.1.2006. in cases where a senior employee is promoted during the period 1.1.2006 to 31.8.2008 gets the benefit of pre-revised qualification pay while junior employees promoted on or after 1.9.2008 have been granted the benefit of revised qualification pay and therefore the pay of the seniors getting fixed at lower stage as compared to the juniors may result in an anomaly.
The Chairman directed that this anomaly needs to be
resolved within one month.
8.3 Item No.5 (ii),
(iv)(with 32 & 33), (v)(vii) - Rule 8 of the Revised Pay Rules Fixation of pay on
promotion
Staff Side stated that anomaly in this case is
basically due to the fact that it is for the first time that CPC has
recommended specific entry level pay for Direct Recruits (DRs). This has
resulted in employees who were appointed in service prior to the DRs and got
promoted earlier getting less pay as compared to their counterparts recruited
directly and who joined after 1.1.2006. The Official Side stated that in such
cases stepping up of pay is permissible subject to certain conditions. However,
the Staff Side insisted 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 RRs.
The Staff Side requested that in cases where no
direct recruitment actually took place even though RRs provided for the same or
when a DR did not join, stepping up of pay should be considered.
This suggestion of the Staff Side was considered by
the Official Side, who responded by stating that wherever there is a provision
of direct recruitment in the Recruitment Rules, pay on promotion would be fixed
at the prescribed minimum of the Entry Pay as provided for the Direct Entrants
in the Revised Pay Rules, irrespective of the fact whether direct recruitment
has actually taken place or not. The Staff Side agreed to close this issue
thereafter.
8.4 Item No
11 Granting revised allowances with effect from 1.1.2006
The Staff Side demanded that all the allowances
should be doubled w.e.f. 1.1.2006 instead of 1.9.2008. It was pointed out that
allowances were revised prospectively at the time of implementation of the
recommendations of the 5th CPC also. The 6th CPC has also recommended that all
allowances should be revised prospectively. Therefore, there is no anomaly as
such. After discussions, the Staff Side agreed to drop this item.
8.5 Item No.12 & 13 — Transport Allowance
The Official Side stated that the issue of Transport
Allowance was discussed with the Staff Side after the submission of the 6th CPC
report and the rates of Transport Allowance were fixed as per these
consultations. The Staff Side was, therefore called upon to honour such a
commitment. The Staff Side explained that in those discussions, the issue of
CCA being taken into account for payment of OTA to an employee was also raised.
As CCA has since been subsumed in Transport Allowance which is not taken into
account for payment of OTA, employees in respect of OTA are consequently at a
loss.
It was decided that the issue of changes in the
rates of Transport Allowance will stand closed and the issue of subsuming CCA
under Transport Allowance and its repercussions on the payment of OTA will be
examined separately.
The Staff Side also raised the issue of doubling of
Daily Allowance on tour in those cases where 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
Official Side stated that as per the present dispensation, employees have the
option to claim for the pre-revised rates of D.A. without submitting any bills
/ receipts. The Staff Side however contended that the pre-revised rates of D.A.
are too meagre to take care of the boarding and lodging requirements and should
be doubled.
It was decided that the matter will be examined
separately although this cannot be treated as an anomaly. The issue of rate of
Transport allowance to employees staying in Gurgaon, Ghaziabad and Faridabad
(NCR) was also raised by the Staff Side. The Official Side agreed to re-visit
this matter separately.
8.6 Item No.14 — Revision of existing
allowances which are to
be withdrawn and replaced by new schemes
be withdrawn and replaced by new schemes
The Official Side informed that the matter pertaining
to doubling of rates of Risk Allowance and Patient Care Allowance is under
process for seeking Cabinet approval.
8.7 Item No.16 & i7 — Parity in Pension
The Chairman stated that since the matter is
sub-judice, any further action on this issue will be dependent on the
directions of the Court of Law. There seemed to be no point in keeping these
items in the National Anomaly Committee. This was agreed to.
8.8 Item No.25, 25 & 26 — Commutation of
Pension
The Staff Side stated that the additional amount of
pension commutation due to retrospective revision of pay of post 31st December
2005 retirees, should be done on the basis of the then existing (old)
commutation tables and not on the basis of the New Commutation Table
recommended by the 6th CPC. This flows from the fact that the New
Commutation-Table came into force on or after 1.9.2008 and, therefore cannot be
made applicable to determine additional commutation value. As a matter of fact,
the new Table was not in existence on the date of retirement of such
pensioners.
The Official Side stated that the revised
commutation table is used for calculating only the future commutation of
pension and is not applicable to the past commutation. In respect of a
pensioner who has already commuted the pension, the revised commutation table
is used only to compute the amount of pension that has become additionally
commutable due to retrospective implementation of the revised pay scales.
Further, if the concerned pensioners feel that the revised commutation table is
not favourable to them they have the option of not opting for the additional
commutation. The Chairman pointed out that the suggestion of Staff Side to
apply old commutation table in case of those retirees who retired
between1.1.2006 and 31.08.2008 could result in further anomaly for post
1.9.2008 retirees as in their case only revised commutation table is
applicable. The Chairman directed Department of Pensions to work out tables
using existing (old) commutation table and the revised commutation table for
the employees who retired prior to and after 1.9.2038 so as to explore the
possibility of a fair resolution for both the pre- 1.9.2008 as well as the post
1.9.2008 retirees.
8.9 Item No.29 & 30 — Revision of Base
Index for D.A.
The Staff Side stated that a 12-monthly average
index of 536 (AICPI1W) 1982 series corresponds to 74.97% increase over the base
index of 306.33 as prescribed by V CPC. Since 74% increase in D.A. has only
been merged in emoluments (Pay Band), this increase corresponds to 12 monthly
average index of 533.02 of cost of living Index (1982=100) series. The base
index for the 6th CPC Pay Scale should therefore be 533.02 of 1992 index i.e.
115.12 in (2001=100) series for the computation of D.A. in pay scale of VI CPC,
and not 115.76.
Deptt. of Expenditure stated that Dearness Allowance
is calculated based on the 12 monthly average of AICPI for Industrial Workers
and that the twelve monthly average as on 1.1.96 was 306.33 and on 1.1.2006 it
was 536. Government converted the average of 536 which is based on the 1982
series by dividing it by 4.63, which was the linking factor for conversion of
the base from 536 to 115.76. The Sixth CPC also recommended the usage of the
base of 536. The Official Side pointed out that although the Sixth CPC had in
its Report mentioned a base of 116 but the Government worked it out as 115.76
which has resulted in relatively higher increase in Dearness Allowance.
The Chairman directed that since this issue entailed
pure mathematical calculations, the Department of Expenditure will share the
calculations with the Staff Side and if they still had any further issues, then
those could be examined.
8.10 Item No.36 — Income criteria in respect of
parents and widowed/divorced/unmarried daughters
In regard to the demand of the Staff Side to convert
income criteria in respect of parents and widowed/divorced/unmarried daughters
from the limit of Rs.35oo/- plus DA to a fixed amount, it was pointed out that
as per the present criterion as recommended by the 6th CPC, periodical
enhancements in the rate of DR, would result in more and more families becoming
eligible for family pension. The Staff Side agreed to drop this item.
8.11 Item No.38 & 39 — Anomaly in fixing
grade pay
The Staff Side stated that the general recommendation
of the 6th 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 pre-revised pay scales
The Official Side stated that the demand of the
Staff Side to give grade pay of at least 5o% of the maximum of the pre-revised
pay scales is against the general recommendations of the 6th CPC . In respect
of certain employees. the 6th CPC has itself recommended a grade pay in excess
of 40% of the maximum of the pre-revised pay scales. Also, 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. 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 in excess of 40% of the maximum of the pre-revised pay
scales. It was pointed out to the Staff Side that even post 5th CPC, uniform
benefit did not accrue to all employees. It was felt that this is a demand and
not an anomaly and such an issue cannot be reopened at this stage.
8.12 Item No.41 —
Fixation of pay on promotion to a post carrying the
same grade pay
same grade pay
The Staff Side demanded that with regard to fixation
of pay on promotion to a post carrying the same grade pay, one increment should
be granted. The Official Side was inclined to agree to such a suggestion on the
condition that such a promotion shall also be reckoned with for the purpose of
MACP. It was decided that in cases where promotion is to a post carrying the
same grade pay, benefit of one increment would be considered separately for
each category of employee subject to the condition that the promotional post
had higher duties and responsibilities under FR 22(1)(a)(1) and an increment
was permitted in such cases even prior to 6th CPC as the two posts carrying the
same pay scale was not merged due to functional considerations. The issue of treating
it as promotion for the purpose of MACPS will be examined separately.
8.13 Item No.42 — MACPS
It was decided that since the issues involved in
MACP Scheme are complex, another round of consultation through a meeting with
the Staff Side under Joint Secretary (E), DoPT may be held soon. The meeting
was held on 27th July, 2012 and the record note of that meeting is at ANNEXURE
III.
8.14 Item No.44 — Anomaly in the pay scale/pay
band and grade pay of Library Information
Assistants
It was informed that the issues raised in the
representation received from the Staff Side would be considered after obtaining
comments from the Ministry of Culture, as the Nodal Ministry on the subject and
Ministry of Human Resource Development.
8.15 Item No.45 — Anomaly in pension of those in
receipt of stagnation increments in pre-revised
pay scale
The Staff Side that that persons who were in service
as on 1.1.2006 and drawing the maximum of prerevised pay scale plus stagnation
increments and had chosen to be fixed in his Revised Pay Band + Grade Pay
(which is 40% of the maximum prerevised Pay Scale) have not been given 40% of
stagnation increment in their fixation. In their view such persons on retirement
after 1.1.2006 have thus been deprived of a stagnation increment in the
pre-revised scale and accordingly their Grade Pay should be increased by 4o% of
their stagnation increment in the pre-revised scale. The issue relating to
availability of re-option subsequent to the issue of Government orders dated
19.03.2012 by the Deptt of Expenditure, relating to grant of one increment in
pre-revised pay scale on 1.1.2006 as a onetime measure in respect of all those
employees whose next increment fell between 1.2.2006 to 30.6.2006 and then
re-fixing them in the revised pay band so as to grant next increment on
1.7.2006, was also raised by the Staff Side.
The Official Side stated that the fitment tables
were framed after taking into account the stagnation increments. Nevertheless,
it was decided that suitable clarifications on stagnation increment as well as
on the issue of options to be granted will be examined.
8.16 Item
No.46 and 49 — Disparity in pay scales of Officers in Stenographers Cadre in Secretariat
and Field offices
This is an issue relating to disparity in pay scales
of Stenographers Cadre in Secretariat vis a vis Field offices. The Staff Side
contended that there is disparity in pay scales of officers in Stenographers
cadre in Secretariat and Field formations. They stated that since parity
between Secretariat and Field offices has been approved, the PS in field
offices (Prerevised Pay Scale of Rs.6500-10500) may be upgraded to prerevised
Pay Scale of Rs.7450-11000 i.e.PB-2 with grade pay of Rs. 4600/- and Sr. PS of
field offices may be granted PB -3 with Grade pay of Rs.5400/- on completion of
4 years of service
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, the 6th Pay Commission while advocating grant of parity
between similarly placed personnel employed in field offices and the
Secretariat has extended this parity only up to the grade of Assistant
(pre-revised Pay Scale of Rs.6500-10500) (vide para 3.1.3 of their report). It
was also brought out that 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 pre-revised scale of Rs.7450-n500 w.e.f. 1.1.2006 vide
Department of Expenditure's O.M. Noah/20084C dated 13.11.2009. Therefore,
suitable action has already been taken in the matter. The Staff Side however,
felt that the recommendations of the Pay Commission have not been implemented
in certain cases, particularly in Railways and Defence field units.
It was decided that if there are any such instances
pertaining to Office staff outside the Secretariat where Government orders for
grant of PB 2 with GP of 5400 has not been given, these cases can be brought to
the notice of Government for resolution as parity in terms of pay structure,
between the field and Secretariat offices would continue to be maintained, as
per recommendations of 6th CPC.
8.17 Item No.48 — 15 year period fixed for
restoration of commuted portion of pension
arbitrary and unjustified
The Staff Side stated that the commuted portion of
pension is actually recovered by the Government within 12 years and therefore
Government is over-recovering from the pensioners and thus 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.
Department of Pension and Pensioners' Welfare stated
that the Hon'ble Supreme Court in 1996 had ruled in favour of restoration after
15 years in WP No 3958-61. The 6th CPC had also recommended that the existing
15 years period for restoration of pension should be maintained.
The Staff Side demanded that a copy of the Judgment
of the Supreme Court may be provided to them. It was decided that the copy of
the judgment shall be provided to the Staff Side.
8.18 Item No.50 —
Anomalies in the pay scales of Official Language Staff
The Staff Side pointed out the disparity between pay
scales of Official Language Staff / Rajbhasa Sahayak / Hindi Asstt. as issued
vide Ministry of Finance, Department of Expenditure's letter No.1/1/2008 — IC
dated 24.11.2008 and the Official Language Staff / Rajbhasa Sahayak / Hindi
Asstt working in Indian Railways. The Staff Side mentioned that the parity in
the pay scales in field and HQ is still to be granted in many field offices of
Ministry of Railways. The Official Side pointed out that in terms of Department
of Expenditure Orders issued in November, 2008 parity in the pay scales of OL
posts in field offices and CSOLS has been given and the matter has already been
clarified by them on various references received in this regard from several
other administrative Ministries / Departments
It was decided that Ministry of Railways may
separately examine the issue with regard to field formations under its
jurisdiction in consultation with the Department of Expenditure.
The Staff Side raised the issue of additional items
sent by them for consideration by the National Anomaly Committee. It was
decided that these will be examined for taking up in the National Anomaly
Committee. The Chairman thanked the participants for very stimulating and
fruitful discussions and assured that the Committee will meet after 3 or 4
months.
