Babus also get right to know grades they got before 2008-09

Babus also get right to know grades they got before 2008-09

Nudged by criticism that the department of personnel and training was ruining careers of officers who did not get along with their bosses, the government has finally decided to act.

Last week, the government finally decided to communicate grades in the Annual Confidential Reports of officers if their performance had been rated anything less than the benchmark for promotions — “very good” — prior to 2008-09.

“…It has been decided that if an employee is to be considered for promotion in a future DPC (departmental promotion committee) and his ACRs prior to 2008-09… contain final grading which are below the benchmark for his next promotion… the employee concerned will be given a copy of the relevant ACR for his representation, if any, within 15 days of such communication,” the department said in a memorandum on April 13.

“It may be noted that only below-benchmark ACR for the period relevant to promotion need be sent. There is no need to send below-benchmark ACRs of other years,” it added. It isn’t that the government still makes a secret of the grading for babus.

The government had to reluctantly adopt a higher transparency norm in 2008-09 on the directions of the Supreme Court that all entries in the ACR of a public servant must be communicated to him within a reasonable period.

“This… is the correct legal position even though there may be no rule/G.O. (Government Order) requiring communication of the entry, or even if there is a rule/G.O. prohibiting it, because principle of non-arbitrariness in State action as envisaged by Article 14 of the Constitution,” the Supreme Court had held in May 2008. But a year later when the powerful DoPT — that reports to the PM — issued the necessary orders to incorporate this SC directive, it did not make a mention of how grading given by officers prior to the new rule were to be treated.
Silence on this account resulted in the government treating grading in previous years with utmost secrecy. This, despite the fact the older grading would be taken into consideration.

So, the government continued to submit ACRs with a “good” grading to the Union Public Service Commission for the departmental promotion committee meetings.

Since “good” isn’t really good in the present system of performance evaluation, these officers lost the chance to be promoted without ever being asked to tell their side of the story.

“No less than 50 officers of the rank of Joint Secretaries were forced to file cases in the Central Administrative Tribunal and had to face the humiliation of working under junior officers,” N.K. Jain, Commissioner, Income Tax at Jodhpur, recently wrote in G-Files, a magazine that focuses on government and governance issues.

Source: Hindustan Times

Office Memorandum - 13 April, 2010

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Central Government Group ‘D’ Employees warmly welcomes the Modified Assured Career Progression Scheme

Central Government Group ‘D’ Employees warmly welcomes the Modified Assured Career Progression Scheme which was announced in the 6th CPC.

A Government order which announced that those Group ‘D’ employees who got ACP I and ACP II after completing 24 years of service will not be taken into account for the benefit of MACP Scheme was widely appreciated by every one.

The Group ‘D’ classification was abolished and they were inducted into Group ‘C’ employees. The minimum qualification was SSLC and they were given training and fixed Rs.1800 as Grade Pay.

A guidelines says that the ACP and promotion which was given before Rs.1800 as Grade Pay will not be counted for the MACP. A Group ‘D’ employee who completes 30 years of service will get Rs.1900 – 2000 – 2400 as Grade Pay, whereas who got promotion from Group ‘D’ to Group ‘C’ were given Rs.2400 – 2800 as Grade Pay. Employees who completed 30 years of service were given Rs.4200 and Rs.4600 as Grade Pay. Which was gladly welcomed by all.

One of the email from our reader received to us said, “It was a glories moment in my life, it was a dream come true”.

He also says, “I was appointed as a Group ‘D’ employees in 1973 in central government service and got promotion as Group ‘C’ in 1976 and completed 24 years service without any promotion. In 1999, I got ACP I and my basic pay fixed as Rs.4000-100-6000(Pre revised scale), but ACP II was refused to me as the promotion from Group ‘D’ to Group ‘C’ was he reason.

In 2006, I got promotion and my basic pay was fixed at Rs.4500-125-7000(Pre revised scale).

He says again ”In the year 2008, MACP was introduced. I came to know that this is different from ACP. Upgradation will be given in every ten years of service incase of without promotion. I felt that I will not get any benefit from this. But told that I will get Rs.4600 as Grade Pay. I was greatly surprised to hear this.

After that, the implementation came and I received the new payment which was very much a dream for me”. My pay fixed as follows…

Firt MACP I – Rs.1900 – Rs.2400 Grade Pay
Second MACP II – Rs.2400 – Rs.4200 Grade Pay
(Rs.2800 Grade Pay is not treated as promotion)
Third MACP III – Rs.4200 – Rs.4600 Grade Pay.

Source: Govtempdiary

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AGENDA ITEMS FOR JOINT COMMITTEE ON MACP SCHEME

NATIONAL FEDERATION OF INDIAN RAILWAYMEN

ANNEXURE

AGENDA ITEMS FOR JOINT COMMITTEE ON MACP SCHEME

I. Financial Upgradation under MACPS in the casse of staff joined another Unit/Organisation on request

Under the old ACP Scheme which was effective from 1.10.09, the regular service rendered in the previous organisation shall be counted alongwith regular service in the new organisation in those cases of staff joined another post/organisation on own request even in lower post.

But in the MACPS such benefit of financial upgradation (hitherto allowed) is not admissible. This needs to be reviewed and the extant provision suitably amended facilitating continuance of financial upgradation benefit.

II. Denial of Benefit on Account of Para 8.1 of MACPS

Para 2 of the MACPS contained in DOPT O.M. No. 35034/3/2008-Estt. (D) dated 19.5.2009 envisages merely placement in the next higher pay. In terms of this para, the staff in certain departments who are already in Grade Pay of Rs. 4500/- should legitimately be placed in the next Grade Pay of Rs. 6600/- in PB-3 on fulfilment of the stipulated years of regular service.

However vide Para 8.1 of the MACPS it has been stated that the Grade Pay of Rs. 5400/- in PB-2 and PB-3 shall be treated as separate Grade Pay for grant of financial upgradation. This stipulation has resulted in denial of benefit to those who are placed in Grade Pay of Rs. 5400/-.

It would therefore be necessary to suitably amend or delete para 8.1 of the MACPS.

III. Counting of Training Period for MACPS

In certain departments, the staff are recruited for the purpose of imparting induction training and there after absorbed as regular staff. During the period of training stipend is paid to them. This training period is counted as part of service under the extant provisions for pensionary benefits, annual increments etc., Hence, the period of training should be counted along with regular service for the purpose of MACPS.

IV. Staff re-deployed in other Cadres/Organisations consequent upon their Medical Decategorisation

There are medically decategorised (Railways) re-deployed in the lower posts in other cadres/departments. Under the 2 ACP concept, the previous service in the higher grade is allowed to be counted for ACP benefit. In the present MACPS, there is no such provision. Suitable amendment to MACPS be made for extending the benefit of financial upgradation to the medically decategorised employees re-deployed in lower grade posts.

V. Application of MACPS to the Surplus Staff Re-deployed to lower posts in other Cadres/Organisations.

The extant provision in the MACPS is not clear in regard to counting of service in the previous post/cadre in the case of surplus staff re-deployed in the lower grade posts.

Clear clarification is needed for reckoning the previous service and equally for protecting their pay.

VI. Anomalous situation surfaced in the Course of implementation of MACPS:-

Illustrations highlighting the occurrence of anomalous situations are given below:-

(I)

Employee ‘X’	Employee ‘Y’
Appointed as CG-I in pay scale Rs.330-560/Rs.4500-7000 in December 1984 after being selected by RRB and placed on merit no.19	Appointed as CG-I in pay scale Rs.330-560/Rs.4500-7000 in December 1984 after being selected by RRB and placed on merit no.21
(ii) Promoted as JAA in pay scale Rs.5550-9000 in the year 1987	(ii) Promoted as JAA in pay scale Rs.5550-9000 in the year 1987
(iii) Qualified Appendix II examination for regularization as JAA	(iii) Qualified Appendix II examination for regularization as JAA
(iv) passed Appendix III SO Group in the year 1994	(iv) Did not appear in exam.
(v) Promoted as SO in the year 2003	(v) Not eligible for promotion to SO
(vi) Got GP Rs.4800 w.e.f. 01-01-2006 pay was fixed at Rs.17590 i.e. less than a junior who did not qualify appendix III examination	Got 2 promotions under MACPS GP Rs.4600 GP Rs.4800 and pay was fixed at Rs.17710

(II)

Employee ‘X’	Employee ‘Y’
Appointed as CG-I/Jr.AA in Gr. Pay Rs.2800	Appointed as Accounts Clerk in Gr. Pay Rs.1900
(ii)Qualified Appendix II A for regularization as Jr.AA GP Rs.2800	(ii)Passed Appendix IIA examination for promotion to Jr.AA GP Rs.2800
(iii)Promoted to GP Rs.4200 on completion of 3 years of service	(iii) Continued in GP Rs.1900
(iv) Passed examination of Appendix III A	(iv) Passed examination of Appendix III A
(v) Promoted as SO in GP Rs.4800	(v)Promoted as SO in GP Rs.4800 directly from GP Rs.1900
(vi) Under 3rd MACPS he will get GP Rs.5400	(vi) Now under MACPS he will get 2nd promotion in GP Rs.5400 3rd MACPS he will get GP Rs.6600

(III)

Employee ‘X’	Employee ‘Y’
Appointed as Trackman in pre-revised pay scale Rs. 2610-3540 (GP Rs.1800 )	Appointed as Trackman in pre- revised pay scale Rs. 2610- 3540 (GP Rs.1800 )
(ii) Promoted as Sr.Trackman in pre-revised pay scale Rs.2750-4400(GP Rs.1800)	(ii) Promoted as Sr.Trackman in pre-revised pay scale Rs.2750-4400(GP Rs.1800)
(iii) Promoted as Keyman in pre-revised pay scale Rs.2750-4400 (GP Rs.1800) after passing test and shouldering higher responsibility	Now under MACPS he will get 1st MACPS in GP Rs.1900 2nd MACPS in GP Rs.2000 3rd MACPS in GP Rs.2400
(iv) Promoted as Mate in pre-revised Pay scale Rs.3050-4590 (GP Rs.1900) after passing selection -Now under MACPS he will be entitled for 2nd promotion in GP Rs.2000 3rd MACPS in GP Rs.2400

IV

Employee ‘X’	Employee ‘Y’
Appointed as ASM in GP Rs.2800 in the year 1981	Appointed as ASM in GP Rs.2800 in the year 1986
(ii) 1st regular promotion in GP Rs.4200 in the year 1984	1st regular promotion in GP Rs.4200 in the year 1990
(iii) 2nd regular promotion in GP Rs.4600 in the year 2008 after passing selection	Now under MACPS he will get 2nd MACPS in GP Rs.4600 and 3rd MACPS in GP Rs.4800 in the year 2010 as he completed service 4+10+10 years = 24 years
(iv) he will get 3rd MACPS in GP Rs.4800 in the year 2011 on completion of 30 years of service	-

Note- The senior employee who got promotion after passing positive act of selection will get GP Rs.4800 later than his junior by 5 years of service.

The aberrations highlighted in the above 4 illustrations nweeds to be examined for rectification.

VII. Para 24 of MACPS

This para directs is counting of regular service from the date of joining the new organisation for the purpose of promotion under MACPS. It applies to an employee who seeks transfer on a lower post/lower scale after getting promotion/ACP. According to this para those who seek transfer before getting promotion/ACP will get benefit of service in the parent unit/organisation.

The para does not cover the situation when employee seeks mutual transfer. However Railway Board has given clarification vide letter No. PC-V/2009/ACP/II/WR dated 28.1.2010, that the mutual transfer should also be treated as movement to a new Organisation i.e. for the purpose of MACPS his service should be counted from the date of joining of new organisation. I n regard to mutual transfer the clarification is incorrect because such an employee maintains his position in the seniority list as per extant rules. Suitable clarification needs to be issued for counting the service rendered in the previous organisation for the purpose of allowing financial upgradation under MACPS.

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The Staff Side’s Suggestion on MACP’s Core Issue

The Staff Side’s Suggestion on MACP’s Core Issue

The First Meeting of Joint committee on MACP was held on 25-5-2010 . Altogether 8 issues related MACP anomalies were discussed in the meeting.

The MACPS (Modified Assured Career Progression Scheme) order was issued on 19-5-2008. Since then all the Central Government Employees Federations, confederations are demanding that Grade Pay of the next Promotional Post to be granted under the new MACP Scheme instead of granting next higher Grade Pay in the revised Grade Pay Hierarchy.

Now it has been informed through the circular published by confederation that the above said core issue of MACP was taken for discussion in the meeting. 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.

But after that, it is believed that 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.

Why should the Staff Side compromising their position of demanding promotional Grade Pay under MACP,by suggesting that first two MACP should be in promotional hierarchy and third MACP can be in Grade Pay hierarchy?

Source: GServants

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MACP JOINT COMMITTEE MEETING ON ANOMALIES

While discussions during the second meeting of the National Anomaly Committee held on 27th March 2010 and decided to constitute a Joint Committee to examine the anomalies pertaining to the Modified Assured Career Progression Scheme (MACPS). Eight items have been discussed in the First Meeting of the Joint Committee held on 25.02.2010.
Shri.M.Raghvahiya
Shri.S.K.Vyas
Shri.C.Srikumar
Shri.Umraomal Purohit
Above four Staff side Members are attended the meeting under the Chairmanship of Joint Secretary Establishment DOPT.

General Secretary of Confederation of Central Government Employees and Workers Mr.K.K.N.Kutty has written in his blog regarding the eight discussions points with DOPT Chairman. We reproduce the full text of content under here...

MACP JOINT COMMITTEE MEETING ON ANOMALIES

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.

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Features of MACPS (Modified Assured Career Progression Scheme)

Features of MACPS (Modified Assured Career Progression Scheme)

REFERENCE: 1. DOPT OM No: 35034/3/2008- Estt(d) dated 19/05/09.

2. RBE No: 101/2009 (no.pc-v/2009/acp/2) dated 10/06/09.

3. PBC No: 112/2009 (no. p(pc)524-pc/voliv) dated 18/06/09.

(Railway Board has sought for clarifications to DOPT – elucidation awaited)

The scheme would be operational from 01.09.08. In other words, financial upgradations as per old ACP of October 1999 would be granted till 31.08.08. (Para 8) A Screening Committee would be constituted and follow a time schedule to meet twice in a financial year preferably in the month of January (April to September) and of July (October to March).( (Para 6).

Financial upgradation under MACPS is purely personal to the employee and staff shall have no relevance to his seniority position. As such no stepping up of pay in the PB & GP would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS.(Para 9 & 20).

No past cases would be reopened. The differences in pay scales on account of grant of financial upgradations under old ACP and new MACP within the same cadre shall not be construed as anomaly (Para 10).

There shall be three financial upgradations under MACPS counted from the direct entry grade on completion of 10, 20 and 30 years. (Para 1 of Annexure).

All cadres including Group A (excluding organized Gr.A services) are eligible for grant of MACP. (Para 3).

The financial upgradation under the MACPS would be admissible up to the highest grade pay of 12,000 in PB-4. (Para 3 of Annexure).

The pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall be no further fixation at the time of regular promotion if it is the same grade pay as granted under MACPS. Financial up gradation will be in next higher grade pay in the hierarchy of Grade Pay and not in the promotional hierarchy (as it was earlier). (Para 4).

An employee who completes 10 years of service in a particular grade will qualify for grant of MACP. Service rendered in a lower grade will not be counted for grant of MACP after completion of total qualifying service of 10 years. For example if an employee gets regular promotion to the next grade after completion of 5 years of service in a particular grade, he will have to wait till the completion of 15 years of regular service for 2nd MACP. Likewise 3rd MACP for him will be given after completion of 25 years of regular service (Illustration 1 Para 28 (i) and (ii)). However, after 1st regular promotion or 1st MACP, completion of 10 years of regular service in a grade or total qualifying service of 20 years or 30 years whichever falls earlier will be the milestone for grant of next MACP (Illustration 3 Para 28 B).

The service rendered by the existing employees prior to implementation of the MACPS viz., prior to 1.9.2008, will also be taken in to account for calculating the 10, 20 and 30 year milestones for granting MACP.(Para 9 of Annexure).

Similarly, employees who were granted financial upgradation under previous ACP scheme i.e., prior to the introduction of MACPS with effect from 1.9.2008, will be eligible for financial upgradation under MACPS after completion of 20 years and 30 years of service, irrespective of regular promotion given to them if any, between their 10 to 20 years of service or between 20 years and 30 years of service. For example if an employee was given 1st ACP under old ACP Scheme after completion of 12 years of service and a regular promotion after completion of 18 years of service, he will be eligible for 2nd MACP after completion of 20 years of service. (Para 9 of Annexure and Illustrations in Para 5 and Para 28).

Promotions earned /upgrading granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales /upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradation under MACPS.(Para 5 of Annexure).

Financial benefit an employee gets as a result of pay fixation during MACP will be 3% of basic pay (pay in pay band plus the grade pay before MACP) and the difference in Grade pay before MACP and grade pay after MACP.Option for fixation of pay is also available. (Para 4 and 7 of Annexure).

If an employee gets a regular promotion to a grade which carries same grade pay which he is receiving now after grant of MACP, no further pay fixation will be allowed at the time of said regular promotion. If an employee gets a regular promotion to a grade which carries higher grade pay than the grade pay he is receiving now after grant of MACP, no further pay fixation will be allowed on account of the fact that his pay would have been fixed at the time of grant of MACP itself. However, difference in the grade pay he is getting now and the next grade pay in the hierarchy will be allowed as monetary benefit at the time of promotion. (Para 4 of Annexure).

In the case of employees who have been either promoted or given ACP prior to 6CPC implementation from a grade to another grade, pay scales of which have been merged now after 6CPC implementation, the said promotion or ACP shall be ignored and those emplyees are to be considered for financial upgradations equivalent to the number of milestones they have completed viz., 10 years , 20 years and 30 years milestones as the case may be prescribed in the MACPS for financial upgradations. (Para 5 and illustration thereof).

In cases where ACP was granted as per previous ACP scheme, but whereas after 6CPC implementation the next higher post which the employee got through ACP has been upgraded with higher grade pay, the pay of such employees in the revised pay structure will be fixed with reference to the higher grade pay granted to the post. To illustrate, in the case of an employee, who was granted 1st ACP in old ACP scheme to the grade which carried the pre-revised scale of Rs.6500-10500 corresponding to the revised grade pay of Rs.4200 in the pay band PB-2, he would now be granted grade pay of Rs.4600 in the pay band PB-2 consequent upon upgradation of the post to the grade pay of Rs.4600 in PB-2. However, from the date of implementation of the MACPS viz., from 1.9.2008, all the financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of grade pays in pay bands as notified. (Para 6.2 of Annexure).

Grade Pay of Rs.5400 in PB-2 and Grade pay of Rs.5400 in PB-3 are two different Grade Pay for the purpose of MACP (Para 8.1 of Annexure1 to MACP Order dated 19.05.09.)

Bench Mark (CCR/ACR Gradings) is “Good” up to GP 6600 thereafter is should be “Very Good”. (Para 17 of Annexure1 to MACP Order dated 19.05.09). ‘Regular Service’ for the purpose of MACPS shall commence from the date of joining of a post in regular basis either on direct recruitment or on absorption / reemployment basis. (Para 9 of Annexure1 to MACP Order dated 19.05.09). If financial upgradations will not be allowed under MACPS after 10years due to DAR proceedings, this would have consequential effect on the subsequent financial upgradations. (Para 15 of Annexure1 to MACP Order dated 19.05.09). On grant of financial upgradations under MACPS, there shall be no change in designation, classification or higher status. (Para 16 of Annexure1 to MACP Order dated 19.05.09).

If a regular promotion has been denied by the employee before becoming entitlement of financial upgradation, no financial upgradation shall be allowed. However financial upgradation will be allowed due to stagnation and subsequently refuses the promotion. (Para 25 of Annexure1 to MACP Order dated 19.05.09).

About the Author
R.BALASUBRAMANAIN,
COS

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National Council meeting Agenda and Discussion points from Confederation of Central Government Employees and Workers - General Secretary

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 stipulate 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 have in effect 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) MACP Scheme:- 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) Pay band and Grade Pay:- 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)Income Tax:- 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) National Council and Departmental Councils:- 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 ensures 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 inbuilt in the JCM scheme. 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, this allowance could be withdrawn. He then enquired about the delay in revising the Medical Allowance for outpatient treatment for pensioners. 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 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 recruitees, 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 of 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 of 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/Divorcee Daughter/unmarried Daughter who are 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

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Minutes of the Second Meeting of the National Anomaly Committee

F.N0.11/2/2008-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 4^th May, 2010

OFFICE MEMORANDUM

Subject: Minutes of the Second Meeting of the National Anomaly Committee held on 27^th March, 2010.

The undersigned is directed to forward a copy of the minutes of the Second Meeting of the National Anomaly Committee held on 27^thMarch, 2010 in Conference Hall (Room No. 119), North Block, New Delhi under the Chairmanship of Secretary (Personnel) for information and necessary action.

(Dinesh Kapila)
Deputy Secretary (JCA)

MINUTES OF THE SECOND MEETING OF
NATIONAL ANOMALY COMMITTEE HELD ON
27^TH MARCH 2010

*****

The Second meeting of the National Anomaly Committee (NAC) was held on 27^th 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 46^th Meeting of the National Council (JCM) has been scheduled to be held on 15^th 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 6th 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 5th 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 6th 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 6th 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 6th 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 6th 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, Leader
2	Shri C.B. Paliwal, Joint Secretary, DOPT	2. Shri U.M. Purohit, Secretary
3	Smt. Madhulika P. Sukul, JS (Pers), Dlo Expenditure	3. Shri Rakhal Das Gupta, Member
4	Shri Ramesh Kumar, Joint Secretary & AFA, Min. of Defence	4. Shri R.P.Bhatnagar, Member
5	Shri D.M. Gautam, Ex. Dir. (Pay Commission-I), Ministry of Railways, (Railway Board)	5. Shri Guman Singh, Member
6	Smt. Anjali Goyal Ex. Director, Min. of Railways	6. Shri C.Srikumar, Membe
7	Shri Hari Krishan, Director, Minism of Railways	7. Shri S.K. Vyas, Member
8	Shri Raj Kumar, Director, Deptt. of Posts	8. Shri Ch.Sankara Rao, Member
9	Shri Surender Kumar, Asstt. Director General, Deptt. of Posts	9. Shri R.Srinivasan, Member
10	Shri Raj Singh, Director, Deptt. of Pensions	10. Shri K.K.N. Kutty, Member
11	Smt. Tripti P. Gho’sh Director, Dlo Pensions	1 1. Shri S.G. Mishra, Member
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 Member Secretary, National Anomaly Committee	-
16	Shri Ravi Kant, Section Officer (SR), D/o Posts	-

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Council (ICAR) consider to give MACP upgradation from Grade Pay Rs.4800 to Rs.5400...

  

INDIAN COUNCIL OF AGRICULTURAL RESEARCH
KRISHI BHAWAN : NEW DELHI

  

F.No.33(3)/2009-Estt.I

  

Dated: April 12, 2010

  

To,
Directors of all ICAR Research Institues / NRCs/ PD/ Bureaux etc.

  

Sub: Modified Assured Career Progression Scheme (MACPS) – Clarification thereof – reg.

  

Sir/ Madam,
Reference is invited to the Council’s letter No. 33(3)/2009-Estt.I dated 2.3.2010 regarding implementation of Modified Assured Career Progression Scheme (MACPS). A large number of references have been received regarding grant of financial upgradation under the above Scheme. It is clarified that the cases of financial upgradation under MACP Scheme upto the Grade Pay of Rs.4800/- in PB-2 and Rs.5400 in PB-2, may be examined in accordance with the extent guidelines on the subject and finalized at the Institute level. However, the cases related to the granting of Grade Pay of Rs.5400/- in PB-3 and above, if any, may be referred to Council through SMD for the approval of competent authority in the enclosed proforma.

  

Yours faithfully,
(K.N.Choudhary)
Under Secretary (Admn.)

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National Anomaly Committee Meeting Conclusions and Discussions

Staff Side Leader Mr. M.Raghavaiah has written in his website regarding the second anomaly committee meeting conclusions on important issues and discussions briefly to the General Secretaries of affiliated unions of National Federation of Indian Railwaymen.

The full text of conclusions as reported by the National Anomaly committee Leader in his website is reproduced below...

  

FAX/Letter

  

No. IV/NC/JCM/NAC/09

dated 27.3.2010

  

The General Secretaries of
affiliated Unions of NFIR.

  

Dear brothers,

  

      Sub:- National Anomaly Committee Meeting held at North Block, New Delhi on 27.3.2010

  

***

  

      Conclusions on important issues pertaining to Anomalies as a result of discussions in to-day’s meeting are mentioned below:-

1.Anomaly due to postponement of increment in the case of those whose increment has fallen from February to June, 2006:-:

After discussions, it was agreed to issue orders for rectifying the anomaly. We have suggested that in all those cases the annual increment may be pre-dated to 1.1.2006. We are hopeful that order as demanded will be issued.

2. Various aberrations in the Modified Assured Career Progressive Scheme (MACPS):-

The Chairman of the National Anomaly Committee has decided to constitute a Joint Committee to deal all such aberrations and submit its report for the Government to take decision. Very soon a Joint Committee will be constituted. Affiliates are free to furnish the deficiencies of the scheme to NFIR immediately.

3. Junior drawing higher pay than the Senior :-

The Chairman has advised Railways to collect data and furnish to DOPT and Ministry of Finance for taking appropriate corrective steps.

4. Health Insurance Scheme recommended by VI CPC – Implementation of the recommendations:-

The Chairman has assured that without prior consultations, the scheme shall not be finalised and allowances such as Risk Allowance, Patient Care Allowance etc. will continue till the final decision is taken.

5. VI CPC pay fixation – Grant of another option to the staff:-

The Chairman said that the proposal for delegation of powers is under process and very soon this will be finalised.

6. Revision of medical allowance to the Pensioners :-

Under consideration. The issue is now before the Committee of the Secretaries. The Chairman has assured to see that processing is speeded up.

7. Denial of increment due to absence without pay:-

We have explained the grave implications of the Government’s. decision and demanded that the increment should be granted when the employee has put in six months qualifying service in a year. It was agreed to consider and rectify the anomalous situation.

  

Yours fraternally,
s/d
(M. Raghavaiah)
General Secretary

Source: CGSTAFFNEWS

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Complete details are given of National Anomaly Committee Meeting and discussions in Confederation Website

The first National Anomaly Committee meeting was held on 12th December 2009 under the Chairmanship of Secretary (Per.).

The staff side explained the Agenda items. The Chairman assured that the staff side greivience would be settled.

Next National committee of JCM would meet on 16/01/2010

One of the National Council Member and Secretary General of Confederation of Central Government Employees & Workers has writtern in his website the complete detail of Discussion and Decisions. We reproduced the complete text as given below:

The first meeting of the National Anomaly Committee was held on 12th December, 2009. Secretary (Personnel) chaired the meeting. On behalf of the Confederation, Com. S.K. Vyas, President and Com. K.K.N. Kutty Secretary General attended and participated in the discussion. In the opening remark, Com. Umraomal Purohit drew the attention of the Chairman of the non-functioning of the Departmental Councils in various departments and the consequent non setting up of Departmental Anomaly Committees. He also raised the issue of the order of the DOPT defining the term Anomaly, which was at variance with the one given in 1997. He recalled the discussion he had with the official side in the matter when it was agreed that the definition of the term would be the same as was in the order of 1997. Responding to the remarks made by the Staff Side Secretary, the Chairman said that his office would take steps to ensure the functioning of the JCM at all levels and informed the meeting that the National Council of the JCM would meet on 16th January, 2009 and the notice therefore has already been issued. On the question of anomaly, it was informed by the Chairman, that all efforts would be taken to address all questions of anomaly and resolve them. The official side clarified that all questions of disparity in relativities would also be addressed except on those on which the 6th CPC has gone into and taken decision enumerating reasons. The Chairman asked the staff Side to bring to the notice of the DOPT/DOE of all those items which stand rejected by the concerned Departmental Anomaly Committees taking shelter under the extant definition.

We now reproduce the items which were discussed and the decisions arrived on each of them.

The item Nos. 1 to 4 and 5(iii)(iv) and 7 were grouped together and discussed as they were identical in content. For the sake of convenience, we reproduce item No. 3 which covers all the above mentioned items.

Fixation of Pay in Revised Pay Scale

The VI CPC in para 2.2.19 (vii) has indicated that where prerevised pay scales have been merged it has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales are being merged. Accordingly it has also been stipulated in 7(1) (A) of the CCS (Revised Pay) Rules, 2008 that if the minimum of the Revised Pay Band / Pay Scale is more that what is determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding of the resultant figure to the next multiple of 10, the pay shall be fixed at the minimum of the revised Pay Band / Pay Scale. Note 2B below Rule 7, ibid and illustration 4B given in the Explanatory Memorandum to the Revised Pay Rule apply to cases of merger of Pay Scales. Note 2 B states that pay in the revised Pay Bands will be fixed in the manner prescribed in accordance with Clause (A) (i) And clause (A) (ii) of Rule 7. In illustration 4B a case of an employee in the pre revised pay scale Rs.5000-8000 drawing Rs.5600 as on 1.1.2006 in the pay scale of 6500-10500 has been indicated with which the pay scale of Rs.5000-8000 stands merged.

Taking these into account the pay in the Pay Band in the case of all employees in the Pay Scales of Rs.5000-8000 and Rs.5500-9000 has to be fixed at Rs. 6500 multiplied by 1.86 i.e. Rs.12090. The fixation tables for pay scales 5000-8000 and 5500-9000may therefore be modified fixing the pay in the pay band at Rs.12090 wherever it is less than that amount.

Illustration 4B in the explanatory memorandum to the Revised Pay Rules 2008 may be modified as under:-

Existing Scale of Pay - 5000-8000
Pay Band PB-2 - 9300-34800
Merged with Pay Scale - 6500-10500
Existing Basic Pay as on 1.1.06 Rs.5600

Pay in the PB-2 Rs.5600 X 1.86 = 10420 As per Clause (A) (i) of Rule 7(i) of Revised Pay rules 2008
Pay in the PB-2 Rs.6500- X 1.86 = 12090 As per Clause (A) (ii) of Rule 7 (i) of Revised Pay Rules 2008
Grade Pay Rs.4200
Revised Basic Pay Rs.16290

Decision:
The Staff Side pointed out that what has been recommended by the 6th CPC in Para 2.2.19(vii_ in respect of fixation of minimum pay in the Pay band for merged pay scales had not been taken into account while computing the pay band and the table. After some discussion, the official side stated to have a re-look into the matter. Item No. 5(i)
On Revised Pay Rules. 2008

(i).Option
It has been mentioned under sub rule 4 thereof that the option once exercised shall be final and should be exercised within three months from the date of notification of the rule vide Sub rule I thereof. Since it is very difficult to comprehend and assess the implication of such option, we propose that the first option exercised within three months may not be treated as final and the employees be permitted to revise the option within six month of the date of exercising the first option.

Decision.
The official side has agreed to allow another option. The Side Side also pointed out during the discussion that the option exercised by the officials under F.R. 22(I)(A(1) on promotion has been restricted to only first promotion, which appears to be unreasonable. The official side has agreed to examine whether the above option can be allowed to cover all promotions.

Item No. 5(ii)
(ii). Special allowance and qualification pay which are taken for fixation purposes on promotion should be doubled with effect from 1.1.2006 and not from 1.9.2008 as it cannot be construed to be an allowance. If this is not done, senior employees will suffer loss in emoluments, in case of persons who are promoted during the period between 1.1.2006 and 1.9.2008.
It was pointed out that the item relating to 5th CPC is still pending at the Standing Committee. The Official Side stated that the item would be covered when a decision is taken on the item relating to 5th CPC.

Item No. 5(vi)
(vi) Rule 9. Date of next increment
It is seen after going through the stipulation in the above rules that a person whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre revised pay scale and will get the next increment in the revised pay structure on 1.7.2006 i.e. on expiry of six months. Similarly those, whose next increment is between 1st July, 2006 and 1st December, 2006 would also be granted next increment in the revised pay structure on 1.7.2006. On the other hand, the persons whose increment dates are between 1st Feb. 2006 and 1st June 2006 have to wait for more than 12 months to get the next increment on 1.7.2006. This is quite anomalous. In the case of those who retire during the period between 1st Feb. and 30th June, they will suffer a loss of one increment perpetually thus affecting their pension. It is, therefore proposed that the persons whose increment falls between 1st February and 1st June, 2006 may be given one increment on 1.1.2006 as a one time measure.

The official side agreed to issue orders to cover those in service between 1.1.2006 and 1.7.2006 as a one time measure. The Staff Side however, pointed out that they have made the suggestion for a one time measure on the specific understanding that Rule 9 of the Revised Pay Rules 2008 has no applicable in the fixation of increment date in future as in those cases, the Fundamental Rules will have the application. The Official side was of the opinion that the Revised Pay Rules will override the provisions of the Fundamental Rules. The Staff Side then contended that the increment of an official cannot be postponed except on award of a penalty after initiation of the disciplinary proceedings. The official side after some discussion agreed to reconsider the issue in the light of the contention made by the Staff Side.

Item No. 5(vii).
(vii). Tax deduction from salary:
Spread over of the arrears of salary is permissible under section 89 (a) of the I.T. Act. No tax will thus become payable by Group D employees on account of receipt of arrears eventually. Therefore, executive instructions may be issued not to deduct any tax from the arrears payment pertaining to the Group D employees. In respect of others, they may be allowed to exercise option to tax the arrears either on receipt basis or accrual basis.

Decision . Since the arrears have all been paid after deduction of tax, this item was not pressed.

Item No. 5(vii)Temporary Status Casual Labourers
As per existing scheme the employees who are afforded temporary status are paid the wages computed with reference to the minimum of the corresponding scale of pay of regular employees. In the case of Group D temporary status employees, it will become necessary that they are afforded the requisite training if they are non- matriculates.

Decision.
Orders would be issued in the case of temporary status employees. In the case of those who died /retired between 1.1.06 and 1.9.2008 grant of grade pay of Rs. 1800 without training was raised by the Staff Side. It was agreed that the Govt. would take a decision in their case favorably.

Item No. 6.
Benefit on promotion.
It is an accepted proposition that an employee when promoted to a higher post involving higher responsibility should get a suitable raise in his salary. It was on this consideration that FR 22-C was framed whereby the promotee was first granted an increment in the lower Pay Scale and then fixed at the appropriate (next) stage in the higher grade.

At the time of V CPC it was agreed that minimum increase in salary on promotion shall not be less then Rs.100/- There are certain grades in which, on promotion, a hike of Rs.650/- is being allowed with reference to pre-revised pay scale.

In these circumstances grant of only one increment in the lower Pay Band / Pay scale and difference in grade pay, if there be any, being granted on promotion is certainly inadequate. We therefore propose that minimum benefit on promotion should not be less than 10% of the Pay+Grade Pay of the feeder post.

Decision:
The official side stated that the above item was not covered under the definition of anomaly. However, after some discussion, it was agreed that the official side would further discuss the issue outside the forum of the Anomaly Committee.

Item No. 7.
Fixation of pay on promotion.
The minimum Entry pay with Grade Pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 has been specific vide first Schedule, Part –A, Section II of the Gazette Notification of the Govt. of India, Ministry of Finance No. G.S.R. 622 (E) dated 29.8.2008.

On promotion, the pay of the promotees should not be less than the direct recruits.
In VI CPC structure there is no pay scale and new concept of grade pay has been inducted, which should determine the status. As such the following provisions need to be inserted below clarification 2. 'The method of Fixation of Pay on promotion on or after 1.1.2006.
"on promotion to the higher grade pay of an employee should be fixed appropriately and in any case it should not be less than the entry Pay in the revised pay structure for direct recruits appointed on of after 1.1.2006 for the post." further, on promotion to the next higher grade pay an employee should be fixed by adding 10% of pay, plus the grade pay as demanded by NC/JCM in its memorandum submitted to the Chairman, NC/JCM/Cabinet secretary on 8.4.2008.

Decision.
The Official Side agreed to issue enabling orders in the matter.

Item No. 8.
Refixation of pension/family pension.
Para 9 of the Ministry of Personnel, Public Grievances and Pension's O.M. No. F.No. 38/37/08-P&PW (A) dated 1.9.2008 states as under:-
"The consolidated pension / family pension as worked out in accordance with provisions of para 4.1 above shall be treated as final basic pension with effect from 1.1.2006 and shall qualify for grant of Dearness Relief sanctioned thereafter.".

This has left uncovered the provision made in para 4.2 of the same OM, which lays down as under:-
"The fixation of pension will be subject to the provision that the revised pension in no case, shall be lower than fifty present 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."

Since refixation of pension has been allowed both under paras 4.1 and 4.2, they should both he covered in para 9 of the OM. It is requested that para 9 of the said OM may be revised including both paras 4.1 and 4.2 thereof.

Decision.
Orders have been issued vide O.M.dated 12th and 14th September, 2009

Item. No. 9.
Anomaly in pension for Government Servants who retired/Died in harness between 1.1.2006 and 1.9. 2006
The Sixth Central Pay Commission lays down inter-alia that once an employee renders the minimum pensionable service of 20 years, pension should be paid at 50% of the average emoluments received during the past 10 months or the pay last down, whichever is more beneficial to the retiring employee.

As per the Ministry of Personnel, Public Grievances and Pension O.M. F.No. 38/37/08-P&P(W)(A) dated 2nd September 2008, these orders shall come into force with effect from the date of issue of this OM, namely 2nd September 2008 and shall be, applicable to all Government Servants becoming entitled to pension after rendering the minimum qualifying service of 20 years or on completion of 10 years qualifying service in accordance with rule 49(2) of the CCS (Pension) Rules, 1972.

However, the Govt. servants who have retired on or after 1.1.2006 but before the date of issue of this OM (2.9.2008) have been debarred from this benefit. They will be governed by the rules/ orders which were in force immediately before coming into effect of these orders. In other words their pension will be calculated on average emoluments received during the last 10 months and not on the actual pay last drawn. It is requested that this discrimination should be removed.

Decision.
Orders are under issue. The Staff Side raised the inordinate delay in fixing the revised pension and disbursement of arrears to pensioners. The official side assured to monitor the payment of arrears to pensioners. The refusal on the part of many banks to issue the due and drawn statement even on requisition was also brought to the notice of the Chairman. The Director (Pension) assured that suitable instructions would be issued in this regard to all Banks.

Item No.10.
Commutation of pension.
The minimum period of service for eligibility for pension is 10 years. For appointment to Government Service the minimum age is 18 years. In view of this, if a person is appointed at the age of 18 years he cannot become eligible for pension unless he has served for a period of at least 10 years and attained the age of 28 years i.e. when his birthday falls in the 29th years.

The table adopted a per the Ministry of Personnel, Public Grievances and Pension's OM No. 38/37/08-P&PW (A) dated 2.9.2008 shows the minimum age of next birthday after retirement as 20 which is not understood. It is requested that suitable amendment to the table referred to may be notified.

The item was withdrawn by the Staff Side.

Item No.11 to 14. These items were deferred for discussion at the next meeting.

Item No.15.
Parity in pension of all pre 1996 retirees with those who retired on or after 1.1.2006

The Government have already accepted in principle that there shall be parity in pension amongst pensioners irrespective of the date from which they had retired. Accordingly pension of all pre 1986 retirees was revised with effect from 1.1.96 by first determining the notional pay which would have been fixed as on 1.1.86 (treating as if the employees were in service on that date) and then the Notional Pension was updated by applying the same fitment formula which was applied to serving employees.

We, therefore demanded that the notional pay of all pre 1996 retirees may be fixed as on 1.1.96 in terms of Revised Pay Rules, 1996 and the notional pension as on 1.1.96 may be revised w.e.f. 1.1.06 by applying the same fitment formula which is applied in the case of serving employees i.e. by multiplying the notional pension as on 1.1.96 by 1.86 + the Grade Pay of the Pay Scale (V CPC) from which they would have retired.

The revision of pension has been done by applying the formula of Basic Pension as on 1.1.96 + Dearness Pension (50% of Basic Pension) + Dearness Relief on Basic Pension + Dearness Pension+40% of Basic Pension.

This is not the same that has been granted to serving employees. In whose case the Grade Pay which is the fitment benefit is 40% of the maximum of the Pre-revised Pay Scale.

As such the Pensioners should also be granted 50% the of Grade Pay of the Pay Scale from which they had retired by way of fitment benefit and not 40% of Basic Pension.

Decision.
The Staff Side pointed out that the 6th CPC in order to maintain the existing modified parity between the present and future retirees had indicated that it would be necessary to allow the same fitment benefit as is being recommended for the existing Government employees vide para 5.1.47 in page 338. However, the Commission recommended that all past pensioners should be allowed fitment benefit equal to 40% of the basic pension. The statement and the recommendation made to give effect to the statement was at variance giving rise to anomaly and disparity in pension entitlement between the past pensioners and the future pensioners. After detailed discussion, the official side agreed to consider the issue once again.

At the conclusion of the meeting, the Staff Side took up the matter concerning non representation of Postal Federations in the National Council as some members of a Federation which could not muster even 5% membership had been approaching one court or the other in a bid to delay the verification process and consequent recognition of the Associations and Federations in the Postal Department. As it would be a never ending process, the denial for the unions who had mustered more than 75% of the membership representation in the National Council would be a miscarriage of justice, the Staff Side added.. The Director (SR) of the Postal Department, who had represented the Postal Department in the official side agreed with the contention of the Staff Side and reported to the Chairman, that they had granted adhoc recognition to the Unions who had mustered the requisite membership and the Department Council had also been convened and met on adhoc basic. The question of granting of representation to the representatives of the Staff in the National Council had been referred to the Department of Personnel and their advice in the matter was being solicited. The Chairman assured the Staff Side to look into the matter and take appropriate decision soon.

The denial of revised higher Grade Pay to Master Craftsmen of Workshops in MMS in the Postal Department, while affording the same to those in Railways and Defence was also raised by the Staff Side. The Department of Expenditure pointed out that they had not received any reference from the Postal Department in this matter, whereas the official side representative of the Postal Department stated that they had referred this matter to them earlier. After some discussion, it was agreed that the Department of Expenditure and the Postal Department would sort out this matter expeditiously.

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