Summary Record
of Discussions of the 4th meeting of the
The 4th meeting of the National Anomaly Committee
was held on 5.1.2oi2 at 2.3o PM at New Delhi. The meeting was chaired by Shri R
C Misra,Secretary DOP&T.
The Chairman welcomed all members of Official and
Staff Side and expressed the hope that the Committee will be able to resolve
the issues through a collaborative process. The Leader of Staff Side in his
introductory remarks desired that the issues relating to increasing the
frequency of the meetings of the National Council and other fora; increment for
those whose date of increment fell between February 2006 to June 2006, benefit
of MACP for Loco Drivers should be resolved on a priority basis.
The following agenda items
were then discussed.
Items No. 1 to 4 & 5
(iii) - Anomaly in fixation of pay band in case of merger of pay scales.
The Staff Side reiterated that since the pre-revised
scales 5000-8000 [SO 5500-9000 [Slo]; 6500-95oo[S11]; and 6500-10500[ St2] were
merged the commencement point of the Pay Band 2 should be at Rs.1209o/- based
on the minimum of S12 scale [65o0X1.86 = 12090] instead of Rs.93oo/-computed by
multiplying Rs.5000/- by 1.86. The Official Side however insisted that what has
been done is in line with the recommendation of the 6th CPC as well as the
fitment tables which are also contained in the report itself.
It was decided that this item may be further
discussed in the next meeting.
Item No 5 (i) and 34 &
35 - Reopening of the option for fixation of pay on promotion.
The Staff Side stated that the orders for giving the
option up to 31.12.2010 was received late in the lowest formations and
therefore, all the employees could not exercise the option, before the
stipulated date. A demand for extending this date beyond 31.12.2010 was hence
raised.
The Official Side stated that this item already
stands closed but if there are still any pending issues in this regard these
could be referred on a file to DOPT, which would consider the same and take a
decision thereafter in consultation with Department of Expenditure.
Item No. 5 (iii) - Special
Allowance & Qualifying Pay.
The Staff Side pointed out that although the special
qualifying pay is treated as an allowance, it is counted as pay for purpose of
fixation of pay on promotion to higher post. The result is that senior
employees who have been promoted during the period 1.1.2006 to 31.8.2008 get
the benefit of pre-revised qualification pay when they have been promoted
whereas the junior employees promoted on or after 1.9.2008 have been granted
the benefit of double qualification pay and therefore the pay of the seniors is
getting fixed at a lower stage as compared to their junior counterparts
resulting in an anomaly.
The Official Side agreed to look into this matter
Item No.5 (iv) - Anomaly in
fixation of pay between Direct Recruits & Promotees.
The Staff Side pointed out that in terms of FR 22
the pay of no person who is promoted should be fixed below the minimum of the
Pay Scale of the higher post and as the system of Pay Bands have been
introduced by clubbing several posts, the 6th CPC has devised a formula for
fixing the entry pay (which is always the minimum) for fresh recruits. That
being the case, the pay of all the promotees should also be fixed not below the
said minimum i.e. the entry pay of the fresh recruit for each grade pay.
The Official Side explained that in such cases if an
anomaly arises then the stepping up of the pay of the promotees is allowed
subject to fulfilment of certain conditions. However, if certain difficulties
persist in this regard, they could be referred to DoPT for consideration.
The Staff Side however insisted that all the
conditionalities imposed while stepping up pay may be withdrawn and that the
pay of all the promotees may be fixed at the entry level of that post as in the
case of the direct recruit. This should be permissible in those posts where
there is an element of direct recruitment in that post irrespective of any new
recruit having joined the post or not
The Official Side agreed to reconsider the points
raised by the Staff Side. It was decided that the matter shall be discussed in
the next meeting.
Item No (v) - Date of Next
Increment.
The Staff Side urged for 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. The Official Side requested that the Staff Side should 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. The Staff
Side confirmed that this was only a one-time measure and would not result in
either raising of other demands or have repercussions on any other category of
employees.
The Official Side stated that they will consider
this issue positively. (Necessa Orders
have since been issued b DoE dr dt o .2012 )
Item No 5 (vii) - Temporary
Status Casual Labourers.
The Staff Side pointed out that as per the Scheme of
Temporary Status, these employees have been granted the pre-revised minimum of
Rs.25503200 applicable to the lowest post with the benefit of annual increment
etc. Therefore in so far as the pay scale is concerned they are being treated
as regular employees. However, they should be granted the Grade Pay of Rs.1800
and fixed at Pay Band I with effect from 1.1.2006 if they are already
matriculates and if they do not meet this basic qualification they should be
given the training and then fixed at Pay Band I with grade pay of Rs.1800
w.e.f. 1.1.2006. The Official Side noted this demand and assured consideration
of the same.
(Necessary Orders have since been issued by DoPT dt 22.01.2012)
(Necessary Orders have since been issued by DoPT dt 22.01.2012)
Item No.11 - Grant of
Revised Allowance w.e.f. 1.1.2006.
The demand of the Staff Side was that allowances
formed part of wages and thus should be revised with effect from the same date
from which the revised pay scales have been implemented i.e. 01.01.2006. The
Official Side stated that the allowances, other than Dearness Allowance (DA),
have been revised w.e.f. 01.09.2008 on the basis of specific recommendations of
the 6th CPC. It was also mentioned that even in regard to 5th CPC
recommendations similar practice was followed. Therefore, there was no anomaly
as such.
Item No 12& 13 -
Transport Allowance.
The Staff Side pointed out that the calculations
desired by the Official Side are already available under item no. 13. It was
pointed out that Transport Allowance at the rate of Rs. 3200 granted to those
in PB-3 of grade pay Rs•5400/ -and above is 2.9 times of their pre-revised
TA+CCA which was Rsatoo. The Transport Allowance in respect of Grade Pay of
Rs.46o0/- and 4200/- has been revised to Rs.1600/- which is only 2.28 times of
the pre-revised TA+CCA amounting to Rs.7o0/-.
The Staff Side demanded that the raise granted in
respect of grade pay of Rs.4600/- and Rs 4200/- should also be 2.9.times of
Rs.700/- which would work out to Rs.20307-. The Official Side stated that this
is a new demand and cannot be treated as an anomaly. The Staff Side then stated
that this item would be taken up in the National Council
Item No.14 - Revision of the
existing allowance which are to be replaced by new schemes.
Reference was made to minutes of the 3rd meeting of
National Anomaly Committee held on 15th February 2011 where under item No 14 it
was stated that if within six months the new schemes are not finalized and
introduced, the rates of the allowance like Risk Allowance & Patient Care
Allowance would be doubled. The Official Side agreed to take a decision in this
matter within a month's time.
Item No.15, 16, 17 - Parity
in pension.
The contention of the Staff Side was that the
pension of the pre-2006 retirees is fixed in terms of different set of rules as
compared to those who retired on and after 1.1.2006 which results in pension at
a lower rate for pre-2006 retirees as compared to those who are in identical
pay scale and at the same stage of pay but retiring on or after 1.1.2006.
Reference was made by them to the 6th CPC recommendations which stated that
pension will be subject to the provision that revised pension, in no case,
shall be lower than 50% of the sum of the minimum pay in the pay band and the
grade pay thereon corresponding to the pre-revised pay scale from which the
pensioner had retired. This recommendation was accepted by the Government vide
para. 4.2 of O.M.No.38/37/o8-P&PW (A) dated 1.9.2008 which reads as
follows: "The fixation of pension will be subject to the provision that
the revised pension, in no case, shall be lower than fifty percent of the
minimum of the pay in the pay band plus the grade pay corresponding to the
pre-revised pay scale from which the pensioner had retired. In the case of HAG+
and above scales, this will be fifty percent of the minimum of the revised pay
scale."
The Government of India vide their OM. No.38/37/08
P&PW (A) Pt I dated 3.10.2008 and OM F No. 38/37/o8-P& PW (A) dated
11.2.2009 clarified that the pension calculated at 50% of the minimum of the
Pay in the pay band plus grade pay would be calculated at the minimum of the
pay in the pay band (irrespective of the pre-revised scale of pay) plus the
grade pay corresponding to the pre-revised pay scale. The Staff Side contended
that by qualifying the term " minimum pay in the pay band" by the
clause "irrespective of prerevised scale of pay" the 50% of pay in
the pay band has been brought down to the minimum of the lowest pay scale in
the pay band. In other words minimum pay in the Pay Band of PB 1 has been fixed
at Rs.5200/- in respect of all the pay scales of that Pay Band. In PB 2, such a
minimum has been fixed at Rs.93oo/- in respect of pay scales of that Pay Band.
The Staff Side pointed out that the clarificatory OM
dated 3.10.2008 and dated 11.02.2009 have been quashed and set aside in the
latest judgment of full Bench of Principal Bench of Central Administrative
Tribunal on these issues. The Official Side stated that the Judgment was under
consideration and decision would be taken soon.
Item No. 24, 25, 26
Commutation of pension.
The Staff Side demanded that option of commutation
is given when a person retires and that the commutation should be allowed in
terms of pension fixed at that time on the basis of pre-revised pay etc on the
day following the date of retirement in terms of the Table then in force. In
view of this if as a result of revision of pay the issue of additional amount
of commutation arose, the commutation-table which was applicable on date of
retirement needs to be adopted. The New Commutation-Table which has come into
force on or after 1.9.2008 cannot be made applicable to determine additional
commutation value since the new Table was not in existence on the date of
retirement.
The Official Side stated that for •commutation
purposes New Commutation-Table will have to be applied and this was based on
the recommendations of the 6th CPC. Therefore, this cannot be construed as an
anomaly.
The Official Side deferred this item for the next
meeting.
Modified Assured Career
Progression Scheme
It was demanded by Staff Side that the stage of
Rs.2000/- and Rs.4600/- in Grade Pay hierarchy may be ignored for the purpose
of MACP. Official Side stated that in the Joint Committee on MACP it was
decided that there is a need to separately examine those cases where MACP
Scheme is less advantageous than the ACP Scheme. The Official Side had since
written to the Ministries of Railways, Defence, Urban Development, Home and the
Department of Posts to elicit information in respect of the specific categories
of employees where the MACPS is less advantageous than the erstwhile ACP Scheme
and the Staff Side was also requested to collect and forward such information
to the Department of Personnel & Training for further necessary action. The
Official Side pointed out that though DoPT had written to the concerned
Ministries, no Ministry/Department other than Ministry of Urban Development had
responded. Ministry of Defence representative stated that they have since sent
the cases of specific problems on MACP. The Leader of Staff Side raised the
issue relating to Loco Pilots/Drivers in Ministry of Railways. These employees
are in the same grade pay and thus they are not getting any benefit of MACP.
The Official Side assured that such cases could be specifically looked into and
where seniors were getting less pay than juniors after availing of benefit of ACPS/MACPS,
stepping up of pay could be considered.
Miscellaneous
Following issues which were
not part of the Agenda of the 4th meeting of the NAC were also raised by some
of the Staff Side members.
- Reference was made to minutes of the 3rd meeting of National Anomaly Committee held on 15th February 2011 where, under item No 28, relating to Grant of grade pay of Rs.5400 in PB-2 for Assn. Accounts/Audit Officers, it was decided that since this matter pertains to Group 13' employees who are not covered under the JCM Scheme, the item did not fall within the purview of the NAC. However, it was decided that Joint Secretary (Pers.), Department of Expenditure and Joint Secretary (Esti.), Department of Personnel & Training will discuss this issue with the members of the Staff Side This was noted by the Official Side.
- The issue relating to doubling of Daily Allowance on Tour was also raised; and the Staff Side insisted that rates of daily allowance may be doubled if the present system of reimbursement on the basis of actual expenditure on conveyance, boarding and lodging etc. are not suitable / practicable in the case of employees who go on tour to places where there are no hotels / restaurants and the Auto drivers do not issue the receipts. It was pointed out that this was not an Item under discussion in the Agenda.
- The issue of Child Care Leave to female civilian industrial employees in defence establishments was also raised and the Staff Side mentioned that this benefit has been given from 20.10.2011 even though it should be given from 1.9.2008 as in the case of female civilian government employees. The Official Side pointed out that reference from Ministry of Defence in this case was not on record.
On account of time
constraint, this meeting of the NAC was adjourned thereafter with the decision
that another such meeting will be held shortly to discuss the remaining items.
