DOPT publishes the minutes of MACP Joint Committee Meeting held on 27.7.2012

The official summary record of discussins of the MACP Joint Committee, which was held on 27th July, 2012 has been issued by DOPT on 13.9.2012. As per the decision taken in the National Anomaly Committee meeting, the separate meeting was held on 27.7.2012 charied by the Joint Secretary of DoPT. We placed the official record note of the meeting of MACP Joint Committee…

Summary Record of discussions of the meeting held on 27th July, 2012 with the Staff Side on the issues relating to Modified Assured Career Progression Scheme (MACPS)
In the meeting of the National Anomaly Committee, held on 17/07/2012, it was decided that Joint Secretary (E), DOPT will hold a separate meeting with the Leaders of Staff Side to discuss the issues relating to MACP Scheme which formed Agenda Item No 42 of the National Anomaly Committee. Accordingly a meeting was held on 27/07/2012 in Room No. 190 at North Block, New Delhi. The list of participants of this meeting is at Annexure IV.
Joint Secretary (E) DoPT welcomed the participants and stated that the Joint Committee which was set up by the National Anomaly Committee to discuss the issues relating to Modified Assured Career Progression Scheme (MACPS) met thrice and based on the discussions in those meetings a Report of the Committee was prepared and was placed before the National Anomaly Committee in its meeting held on 5th January,  2012. However due to shortage of time this item could not be discussed fully. In the meeting of the National Anomaly Committee held on 17th July,  2012, the Chairman had desired that since the issues involved in MACP Scheme are complex, another round of consultation through a meeting with the Staff Side under Joint Secretary (E) DoPT may be held soon. This meeting was held in pursuance of that decision. Thereafter the report of the Joint Committee was taken up for discussion.
1. Grant of MACP in the promotional hierarchy:- 
The  Staff Side stated that under ACP Scheme, financial up gradation was granted in promotional hierarchy and therefore it had become part of service condition of the employees. Under the MACPS, financial up gradations is permitted in Grade Pay hierarchy only, thereby adversely affecting the service conditions. Therefore, under MACPS also the financial up gradations should be granted in promotional hierarchy.
The Official Side stated that there was no such recommendation of the 6th CPC and in fact the Commission in its report, while discussing this issue, had mentioned that although the ACPS had, by and large, alleviated the problem of stagnation and also allowed higher rate of increments in the higher scale extended under it, it had, however, given rise to other problems. The financial up gradations in that scheme followed the then existing promotional hierarchy which gave rise to uneven benefit to employees falling in the same pay scale since several Organisations adopted different hierarchical pattern. Consequently, employees working in organizations having greater number of intermediate grades suffered because financial upgradation under ACPS placed them in a lower pay scale vis-a-vis similar]) placed employees in another organization that had lesser intermediary grades.
The 6th CPC therefore, recommended a systemic change in the existing scheme of ACPS whereby all employees, irrespective of the hierarchical structure as prevalent in their organization/cadre, would get the same benefit under it.
This was accepted by the Govt with further modification to grant three financial upgradations under the MACPS at intervals of  10, 20 and 30 years of continuous regular service in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. In fact while accepting the recommendations of the  6th  CPC on this issue there was no such demand by the Staff Side.
The Staff Side stated that the employees who were in service prior to 1.1.2006 had the right to retain first two financial upgradations in the promotional hierarchy and the Government cannot alter the existing service conditions adversely. The Official Side however stated that since MACPS is in supersession of earlier ACP scheme, this cannot be agreed to.
The Staff Side insisted that at least option be given to individual employees in this regard to facilitate him/her to opt for either ACP or MACP for availing benefit of financial upgradation. The Staff Side was insistent that either MACPS should be in promotional hierarchy or individual options should be given to the employees.
The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them. 
2. Date of effect of MACP Scheme: 
The Staff Side stated that those employees who retired during the period between  1.1.2006  and 31.8.2008 could not get the benefit of MACPS and therefore the MACPS should be made effective from 1.1.2006. It was pointed out by the Official Side that during the  5th  CPC also the ACPS was made effective from a later date.The Staff Side suggested that in respect of those who had retired/died prior to 1.9.2008, the MACP scheme could be made effective from 1.1.2006. It was pointed out that there is also the issue of some of the employees, who got the benefit of ACPS during this intervening period, may be adversely affected because of this demand.

Thus the staff Side was advised to reconsider their demand for giving effect to the MACP Scheme w.e.f. 01.01.2006.
3. Counting of 50% of service rendered by Temporary Status Casual Labour for reckoning 10/20/30 years under MACP Scheme:
It was reiterated by the Official Side that as per para 5 (v) of Appendix pertaining to Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 50% of the service rendered under temporary status is to be counted only for the purpose of retirement benefits after their regularization. Since under MACPS only continuous regular service is taken into account for allowing 1st, 2nd and 3rd financial upgradations on completion of 10, 20 & 30 years of continuous regular service respectively, the demand of the Staff Side cannot be accepted for MACPS.
It was decided that this issue may be taken up by the Staff Side in National Council separately.
4. Treatment of employees selected under LDCE/GDCE Scheme: 
It was decided that treatment of such cases would be on the lines as was under the ACP Scheme and Ministry of Railways would examine the matter accordingly
5. Promotion in the identical Grade Pay: 
The Official Side stated that they will issue instructions for granting one increment for fixation of Pay in cases of promotion to the same Grade Pay if they were granted such a benefit post 5th CPC also. Such a dispensation would then apply while considering financial upgradation under MACPS.
6. Financial Upgradation under MACPs, in the case of staff who joined another unit/organisation on request:
The Staff Side pointed out that OM dated 01/11/2010 should be suitably amplified/amended covering the staff that was transferred on request on reversion to the Unit/Organisation so that the total service rendered in the previous Unit/Organisation, ignoring the past promotion, may be counted for MACPs.
The Official Side agreed to issue necessary clarificatory instructions in this regard. The Staff Side also pointed out that in certain offices the promotion in the original Unit/Organisation from which an employee got reverted/transferred to the lower post, was also being counted against MACPS which is not warranted.
The Official Side agreed to look into this issue. 
7. Extension of benefit of MACPS to an employee appointed in Grade where direct recruitment element is there while ignoring service and promotion rendered prior to his appointment in that post: 
The Official Side reiterated that suitable clarifications bearing No.5 in OM dated 09/09/2012 have already been issued and matter stands resolved.
8. Stepping up of Pay of Senior incumbents at par with Junior incumbents as a consequence of ACP/MACPs 
It was stated by the Official Side that stepping up of pay in the pay band or grade pay with regard to junior getting more pay than the senior on account of pay fixation under the MACP Scheme can be considered as a special dispensation and suitable clarificatory instructions will be considered to deal with such situations.
The Staff Side also raised the issue of injustice being meted out particularly in the Accounts Department of Indian Railways wherein the incumbents who cleared the Appendix examination are drawing less pay as compared to those who could not qualify the said examination and got the benefit of MACPs. The Staff Side stated that this led to de-motivation among qualified staff and urged for rectifying such an anomaly.
It was agreed to examine this separately and Ministry of Railways was advised to send the proposal in question. 
9. Benchmark for MACP 
It was decided that suitable instructions will be issued to specifically clarify that wherever promotions are given on non-selection basis (ie seniority cum fitness), the prescribed benchmark, as mentioned in para 17 of Annexure I of MACPS dated 19.5.2009, will not be applicable and the benchmark for promotion will apply for the purpose of MACPS.
10. Grant of ACP benefit to Artisan Staff of Ministry of Defence:
The Staff Side insisted that based on Fast Track Committee recommendations, the then existing Highly Skilled grade (in the Pre revised pay scale of Rs 4000-6000) was split equally in the ratio of 50:50 and redesignated as Highly Skilled Grade II (GP 2400) and Highly Skilled Grade I (GP 2800) with effect from 1.1.2006.
The Staff Side stated that such placement of employees in Highly Skilled Grade I (GP 2800) with effect from 1.1.2006 to 14.6.2010 cannot be treated as promotion for the purpose of grant of financial upgradation under MACP Scheme.
The Official Side stated that on the issue of Artisan Staff of the Ministry of Defence, the matter has already been examined on file and Ministry of Defence has been advised accordingly.
The Staff Side insisted that this should be reconsidered so that placements in higher Grade may not be taken as promotion for the purpose of grant of financial upgradation under MACP.
The Official Side stated that this has repercussions on the employees working in Railways and therefore it is not amenable to acceptance.
(11).  The rest of the items of the Report of the Joint Committee, as indicated below, were closed as appropriate action had been taken with respect to the issues raised therein.
(1) Applicability of MACPS to Group D employees who have been placed in the grade pay of Rs.1800/- in PB-i.

(2) Grant of financial up gradation under old ACP Scheme between 1.1.2006 and 31.8.2008
(3) Counting of services rendered prior to re-appointment for the purpose of MACP.
(4) Accounting of services rendered before Removal/Dismissal from service and subsequent reinstatement in service for the purpose of MACP Scheme
(5) Counting of service rendered in State Govt/PSUs etc.
(6) Regulation of Probation period under MACPS
(7) Application of MACPS to the Surplus Staff Re-deployed to lower posts in other Cadres/Organisations.
(8) Entitlement of the privileges after financial upgradation under MACP Scheme
(9) Extension of ACP/MACP Scheme to Staff Car Drivers /Civilian Motor Drivers/MT Drivers/Fire Engine Drivers etc.
(10) Pay Fixation on promotion subsequent to grant Of MACPs
(11) Notional Classification for CGE1S consequent upon MACPs.

(12) The Staff Side raised the following issues though they were not part of the MACP Joint Committee Report.


Employees who got one pro motion prior to 01/09/2008 and completed over two decades of service without benefit of promotion and are denied third ACP under MACPs: The Staff Side raised this issue and insisted that in such cases, third MACP should be straight away given to staff from the date subsequent to the date of completion of two decades of service after promotion. After discussions, the Official Side while appreciating the position stated that this is a peculiar situation and agreed to consider this issue on the basis of a reference to be made by the Ministry of Railways in this regard.

Modification of recruitment rules particularly in Railways and upgradation granted by abolition of Pay Scale-Implementation of MACPs 
Though this was not a part of the MACP Report, the Staff Side raised this issue in the meeting and explained that in the Railways, the lower pay scales were abolished and posts were upgraded to higher pay scales with revision of recruitment qualification and designation. In such cases the Staff Side insisted that entry Grade Pay as a result of upgradation consequent upon abolition of lower Pay Scales should be taken into consideration for reckoning 10/20/30 years of service for granting MACP.

The Official Side decided that the Railway Board may send an appropriate proposal to the DoP&T in consultation with the Staff Side. 
13.  The Official Side reiterated that MACP Scheme is a fall-back option and the Ministries have to conduct Cadre Restructuring in right earnest for ensuring that promotional avenues are available to the staff within a reasonable time frame. It was agreed that Ministry of Finance would issue instructions to all Ministries/Departments/Cadre authorities to undertake Cadre restructuring of Group B & Group C formations in a time bound manner.
The Staff Side pointed out that the Ministry of Railways is citing the instructions of Ministry of Finance issued some years back that only one third of the Cadre could be disturbed, for revising the percentages for the purpose of Cadre restructuring, the Official Side stated that this would be examined and if required, necessary clarificatory instructions will be issued to the Ministry of Railways so that the Cadre Restructuring could be carried out.

MACP JOINT COMMITTEE MEETING AND DECISIONS – CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS

The joint Committee set up by the National Anomaly Committee to consider the MACP related issues met on 27th July, 2012.  The Staff Side was represented at the meeting by the following comrades:
Com. M. Raghaviah
Com. Umraomal Purohit
Com. S.K. Vyas
Com. C. Srikumar
Com. K.K.N. Kutty
Com. Shivgopal Misra
Com. Bhosle
The report prepared by the sub-committee after three rounds of discussions was reviewed at the meeting.  The points that came up for discussion and the decisions taken are as under:
Grant of MACP in the promotional hierarchy:  The Staff Side pointed out that the ACP which was in vogue till the advent of MACP had been on promotional hierarchy.  In the name of improvement of the scheme, the Government cannot unilaterally change it, especially when the concerned employees do not consider it as advantageous.  They suggested that the employees must be allowed to retain the ACP for the first two promotions and for the third promotion MACP can be extended.  However, the Official Side said that it would not be possible to have any hybrid scheme.  In fact, they added that the 6th CPC had suggested for two career progressions only and that too on grade pay hierarchy.  The govt. had improved upon and therefore it was not possible for them to agree for the suggestion of the Staff Side.  They also stated that the reason for bringing about grade pay hierarchy was to bring about uniformity in the scheme across the Departments as the promotional hierarchy varies from one department to another.  They declined to consider the suggestion for promotional hierarchy based MACP.
The Staff Side then pointed that in the last meeting of the Committee, the Official Side taking into account the difficulties and disadvantages experienced by the employees in many departments which were presented by the Staff Side had agreed to consider department wise/cadre wise options.  The Staff Side further pointed out that the suggestion of the Official Side would not go to resolve the issue.  They said that option must be provide for each individual employee to choose either the ACP or MACP whichever is beneficial to him as is provided in the CCS(RP) Rules.  The unilateral withdrawal of a benefit from an employee is not permissible.  They also stated that the Official Side has not pointed out the difficulties in agreeing to this proposal.  After some discussions, the Official Side said that they would re-examine the issue of individual option and will come up with their considered view at the next meeting of the NAC.
Counting 50% of service of the Temporary status/casual labourers for the purpose of MACP:  In the light of the discussion at the meeting, the Official Side agreed to examine the matter.
Treatment of employees selected under LDCE Scheme and GDCE Scheme:  The Official Side agreed to issue orders on the same lines as has been issued under the ACP Scheme.  The Staff Side stated that wherever examination is the criterion for promotion/fast track promotion, the service rendered by such employees in the lower post must be ignored and such promotion should be treated as appointment and the promotion scheme to commence from the date of such appointment.  This was not agreed to by the official side on the plea that such appointments are against promotion quota and therefore, they are to be considered as promotion only.  The Staff Side them pointed out that this issue had been the subject matter of judicial consideration before the Tribunal and the Tribunal has given the decision in favour of the employees.  The Official Side wanted a copy of the judgement to react to this.
Date of effect of the Scheme:  The Staff Side pointed out that the date of effect of MACP Scheme must be from 1.1.2006.  The analogy of the 5th CPC has no application as ACP was introduced after discussion with the Staff Side on a later date.  Since the Government issued the orders of the 6th CPC and the acceptance of the MACP with modification almost simultaneously, it should have been made effective from 1.1.2006.  They also pointed out that the MACP is not an allowance to be made application from 1.9.2008.  The Official Side pointed out that the benefit emanating from the MACP i.e. the third promotion was applicable to all existing employees who were in service after 1.9.2008.  The Staff Side demanded that the benefit has been denied to those who retired between 1.1.2006 and 30.8.2008.  The Official Side agreed to consider application of the new MACP with effect from 1.1.2006 for those who retired/died between 1.1.2006 and 30.8.2008.
Financial up-gradation under MACP in the case of staff who join another unit/organization on request.  It was agreed at  the last meeting that the services rendered in another recruiting unit/organization will be taken into account for counting service for promotion under MACP.  The Staff Side however, pointed out that in many cases, the employees are compelled to seek reversion in order to be transferred to another recruiting unit.  In their case, the promotion so earned at the present recruiting unit and which have been foregone is being counted as one promotion under MACP.  The Official Side agreed to look into this matter and issue necessary clarificatory orders.
Stepping up of pay of senior incumbent with the junior as a consequence of ACP/MACP.  The Official Side stated that in the light of the judgments delivered in the matter they will have the case looked into and necessary instructions issued.  They also stated that certain instructions in the matter has already been issued, copy of which will be made available to the Staff Side.
The bench mark question for promotion under MACP.  The Official Side agreed to issue a clarificatory order stating that if the promotion is on seniority cum fitness basis, MACP will also be on seniority cum fitness basis.
There had been no discussions on other points incorporated in the report.  The stand taken by the Official side in those matters remains unchanged.  You may kindly access the report from the website of the Department of Personnel along with the relevant orders.
With greetings,
Yours fraternally,
K.K.N. Kutty
Secretary General

AIRF’s (All India Railwaymen Federation) Feedback report on the outcome of 5th NAC (National Anomaly Committee Meeting) held on 17.07.2012.

5th meeting of the National Anomaly Committee was held on 17th July2012 under the chairmanship of Secretary, DoP&T.

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

He explained the background of setting-up of JCM Scheme and emphasized that the scheme has been effective to resolve the disputes between the Central Government employees and Government of India.

But of late, the scheme is not been administered properly causing frustration among the Central Government employees.

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

He said that the meeting of the Ordinary Meeting of the National Council, JCM(full-fledged meeting) was held on 15.05.2010 and after that no meeting has been held.

He mentioned that, as per JCM Constitution, minimum 3 meetings should be organized after every 4 months.

He further said that, earlier 4/5 Sub-Committees have been formed to deal with the items in the agenda, but nowadays Sub-Committees are also not being formed.

He also said that in many departments, Departmental Council has not yet been formed on some plea or the other, and where Departmental Councils are yet to form, the Anomaly Committee is totally absent.

He also stated that, wherever Departmental Council and Anomaly Committee have been formed, they have not been allowed to take independent decision and they are to depend on everything on Ministry of Finance or DoP&T.

He said that we are crossing six years of the VI CPC report and shortly there is likely demand of setting-up of Seventh Central Pay Commission. Unfortunately, anomalies of the VI CPC are yet to be settled.

He said that separate discussion should be held in respect of MACP Scheme matters, and the date for the same should be fixed very shortly.

Reciprocating, the Secretary DoP&T advised all the departments to send their status position in respect of formation of Departmental Council, expansion and formation of Departmental Anomaly Committee.

He also demanded that the pending issues should be settled early and meeting of the National Council(JCM) should be convened after Monsoon Session of the Parliament.

He also said that separate meeting for deciding MACP Scheme should be fixed within this month.

General Secretary AIRF, Com. Shiva Gopal Mishra, stated that the unanimous recommendations made by the Railways’ Departmental Anomalies Committee are not being implemented because these have not been cleared by the DoP&T and MoF(Exp.). He demanded de-centralization and delegation of powers to the ministries for smooth and quick decisions. He also mentioned that where already fundamental rule exists, like fixation under FR-22(C), why MoF(Exp.) insists for reference to them. It should be done by the ministries themselves.

General Secretary AIRF, Com. Shiva Gopal Mishra, Working President AIRF, Com. Rakhal Das Gupta and Asstt. General Secretary AIRF, Com. Ch. Sankara Rao raised the issue of granting promotional benefits to Loco Pilots under Rule FR-22(C) and they also expressed dissatisfaction over the functioning of NC/JCM. The matter of resolving problems of MACP Scheme was also raised by the AIRF representatives.

The Official Side stated the matter of granting one increment on promotion is under active consideration of the Government of India and decision in this regard would be taken shortly.

Then the Agenda Item was taken-up.

Agenda items

Items No.1,2,3 & 4 – Fixation of pay in revised pay scale:

Despite lots of deliberations, Official Side did not agree to revise the Pay Band of GP Rs.9300-34800, and ultimately disagreement has been recorded.

Item No.5(ii), (iv)(with 32 & 33), (v)(vii) – Rule 8 of the revised pay rules

Fixation of pay on promotion

It was agreed that, wherever there is provision of direct recruitment in the recruitment rules, pay on promotion would be fixed to minimum of the Entry Pay as provided for in the revised rules, irrespective of the fact whether direct recruitment has actually taken place or not.

Item No.12 & 13 – Transport Allowance

Earlier Overtime Allowance was admissible on City Compensatory Allowance(CCA) also. The VI CPC has sum the CCA with Transport Allowance. Official Side agreed to consider the provision of Transport Allowance to be paid for the purpose of OTA. It was also agreed to consider something for the residents of NCR, i.e. Ghaziabad, Faridabad and Gurgaon on the line of CCA.

Item No.14 – Revision of existing allowances which are to be withdrawn and replaced by new schemes

The Official Side has informed that the matter doubling of rates of Risk Allowance and Patient Care Allowance is being sent to the Cabinet for approval.

Item No.16 & 17 – Parity in Pension

The matter is sub-judice.

Item No.25, 25 & 26 – Commutation of Pension

It was decided that the calculation of commutation factor for the employees retired prior to and after 1.9.2008 would be tabulated to discuss the matter further.

Item No.29 & 30 – Revision of Base Index for D.A.

Calculation of DA would be sent to the Staff Side shortly.

Item No.36 – Income criteria in respect of parents and widowed/divorced/unmarried daughters

The matter is under examination. Item No.38 & 39 – Anomaly in fixing grade pay The matter is under examination.

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

The matter of granting one increment on promotion is under active consideration of the government.

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

The matter will be considered after collecting date from the Ministry of Culture, being Nodal Ministry.

Item No.45 – Anomaly in pension of those in receipt of stagnation increments in pre-revised pay scale

The matter is under examination.

Item No.46 – Disparity in pay scales and status: Officers in Stenographers Cadre

The matter is under examination.

Item No.48 – 15 year period fixed for restoration of commuted portion of pension arbitrary and unjustified

Not agreed.

Item No.49 – Anomalies in the matter of pay scales of Stenographers

The matter is under examination.

Item No.50 – Anomalies in the pay scales of Official Language Staff

The matter is under examination.

Items relating to MACP Scheme would be discussed in a separate meeting on 27th July.

It was also agreed that the leftover items, not included in the agenda, will be discussed.

Source: AIRF

Orders issued for grant of One time increment in the pre-revised Pay Scale

The much awaited order for grant of one increment in the pre-revised pay scale for those who were due for their annual increment between February to June during 2006 has been issued by Finance Ministry today.

The Office Memorandum No: 10/02/2011-E.III/A dated 19.03.2012 issued in this regard by Finance Ministry says that in relaxation of stipulation under  Rule 10 of CCS (Revised Pay) Rules, 2008, those central government employees who were due to get their  annual increment between February to June during 2006 may be granted one increment  on 1.1 .2006 in the pre-revised pay scale as a one time measure and there after will get  the next increment in the revised pay structure on 1.7.2006 as per Rule 10 of CCS(RP) Rules, 2008.  The order also says that the pay of the eligible employees may be re-fixed accordingly.

The following is the full text of the Office Memorandum No.10/02/2011-E.III/A dated 19.03.2012

No.10/02/2011-E.III/A

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, the 19th March, 2012

OFFICE MEMORANDUM

Subject:— Central Civil Services (Revised Pay) Rules, 2008 — Date of next increment in the revised pay structure under Rule 10 of the CCS(RP) Rules, 2008.

In accordance with the provisions contained in Rule 10 of the CCS (RP) Rules,  2008, there will be a uniform date of annual increment, viz. 1st July of every year. Employees completing 6 months and above in the revised pay structure as on 1st of July  will be eligible to be granted the increment. The first increment after fixation of pay on  1.1.2006 in the revised pay structure will be granted on 1.7.2006 for those employees for whom the date of next increment was between 1st July, 2006 to 1st January, 2007.

 2. The Staff Side has represented on this issue and has requested that those employees who were due to get their annual increment between February to June  during 2006 may be granted one increment on 01.01.2006 in the pre-revised scale.

3. On further consideration and in exercise of the powers available under CCS(RP) Rules, 2008, the President is pleased to decide that in relaxation of stipulation under  Rule 10 of these Rules, those central government employees who were due to get their  annual increment between February to June during 2006 may be granted one increment  on 1.1 .2006 in the pre-revised pay scale as a one time measure and there after will get  the next increment in the revised pay structure on 1.7.2006 as per Rule 10 of CCS(RP) Rules, 2008. The pay of the eligible employees may be re-fixed accordingly.

4, In so far as the persons serving in the Indian Audit and Account Department are concerned, these orders are issued in consultation with the Comptroller & Auditor General of India.

sd/-

(Renu Jani)

Director

Increment issue The order for Granting one increment to the Central Government Employees may be issued very soon…

The order for Granting one increment to the Central Government Employees may be issued in the first week of March 2012
Sources close to the DOP&T informed that the issue of granting one increment to the government servants, whose increment date falls between February 2006 and June 2006, has been forwarded to Finance Ministry for its approval. According to the sources, the Finance Ministry gave its approval to this proposal as agreed by the Government in the National Anomaly Committee.

The Federations representing National Anomaly Committee approached the Government to issue the order very soon, since the decision of granting one increment to the govt servants was taken in the National Anomaly Committee on 5th January 2012. It is believed that the federations were informed that due to the ongoing Elections for state assemblies in some states, issuing order is delayed. As per the Election Schedule the elections for state assemblies for 5 States are commenced on 28-1-2012, and the 6th phase of U.P and Goa State assembly elections will be completed by 03-03-2012. So, keeping in view of the above, we can expect that the order for Granting one increment to the Central Government Employees may be issued in the first week of March 2012.

According to the decision which is agreed by government in National Anomaly Committee, the govt servants will be granted one increment in the pre revised 5 CPC scale on 01-01-2006, and then it will be multiplied by 1.86 and the pay in the Pay Band in the 6 CPC will be fixed accordingly.

Source: gservants.com

BRIEF ON THE DISCUSSIONS HELD IN ANOMALY COMMITTEE MEETING

The IV meeting of the National Anomaly Committee was held on 5.1.2012. The meeting was chaired by Shri Mishra Secretary DOP&T.

The Chairman welcomed all members of Official and Staff Side and expressed New Year Greetings while making his introductory remarks.

The Leader Staff Side also welcomed the Chairman and gave new year’s Greetings. The following issues were raised by him and by other Staff Side Members:-

1. Meeting of the National Council and other forums should be convened as often as possible and at least once in four months.
2. The issue relating to increment should be resolved in this meeting.
3. Issues relating to MACP may be allowed to be settled departmentally.
4. The 2 (actually 11) items which have not as yet been included in the agenda should be included and discussed by arranging another meeting.
5. The meeting of the National Council which has not met for about 2 years may soon be convened.
6. Issues relating to Loco Drivers (not getting any benefit of MACP) should be discussed and resolved on priority basis.
7. Several decisions taken in the Railway Departmental Anomaly Committee have been referred to Department of Expenditure long time back, but these have not been disposed of. This may be expedited.

The following agenda items were then discussed on the basis of Status Note given by the Official Side:-

Items No. 1 to 4 & 5 (iii) – Anomaly in fixation of pay band in case of merger of pay scales.

The Staff side reiterated that since the pre-revised scales 5000-8000 [S9]; 5500-9000 [S10]; 6500-9500[S11]; and 6500-10500[S12] were merged and all are given the benefit of placement in the new Grade Pay 4200 equivalent to pre-revised 6500-10500 scale, the starting of the Pay Band 2 cannot be computed on the minimum of the erstwhile S9 Scale of Pay viz., Rs.5000/-. In fact the commencement point of the Pay Band 2 should be at Rs.12090/- based on the minimum of S12 scale [6500X1.86 = 12090] instead of Rs.9300/- computed by multiplying Rs.5000/- by 1.86.

The Official Side however insisted that what has been recommended by the Commission is correct in terms of the above principle stated by the Commission; This was not acceptable to the Staff Side.

The official side then stated that this item may be further discussed in the next meeting.

Item No 5 (i) and 34 & 35 – Reopening of the option for fixation of pay on promotion.

The Staff Side pointed out that the orders reopening the option up to 31.12.2010 was received in the lowest formations late & therefore all persons could not exercise the reopening option and therefore it should be extended up to 31.12.12. Defense Staff Side also raised the issue of not allowing this option to those who have been promoted to Master Craftsman upgraded post as because final orders have been issued late.

The official side agreed to refer these matters to DOPT, which would be considered and decided.

Item No. 5 (iii) – Special Allowance & Qualifying Pay.

The Staff Side pointed out that special qualifying pay may have been treated as allowance but it is treated as pay for purpose of fixation of pay on promotion to higher post. The result is that senior employees who have been promoted during the period 1.1.2006 to 31.8.2008 get the benefit of pre-revised qualification pay when they have been promoted whereas the junior employees promoted on or after 1.9.2008 have been granted the benefit of doubled qualification pay and therefore the seniors are getting fixed at lower stage.

The official Side agreed to look into this matter

Item No.5 (iv) – Anomaly in fixation of pay between Direct Recruits & Promotees.

The Staff Side pointed out that in terms of FR 22 no person who is promoted should be fixed below the minimum of the Pay Scale of the higher post and as the system of Pay Bands have been introduced clubbing several posts, the Commission has devised a formula for fixing the entry pay (which is always the minimum) for fresh recruits. That being the case all promotes have to be fixed not below the said minimum i.e. the entry pay of the fresh recruit for each grade pay.

Official side insisted that what they have ordered i.e. stepping up the pay of promotes to the post subject to certain conditions is more than enough and if there are certain difficulties, these may be referred to be considered.

The Staff Side however insisted that all the conditionalities may be withdrawn and all Promotees may be fixed at the entry pay of that post for the direct recruitee if there is a quota for direct recruitment in that post irrespective of any new recruitee has joined the post or not.

The official side stated that the matter may be discussed in the next meeting.

Item No (v) – Date of Next Increment.

The Staff Side urged for grant of one increment in pre revised pay scale on 1.1.2006 as one time measure in respect of all those whose next increment would be between 1.2.2006 to 30.6.2006 and then re-fixing them in the revised pay band and to grant next increment on 1.7.2006. This is only as a one-time measure and we would not demand similar treatment in respect of others.

The official side then agreed to the above formulation.

Item No 5 (vii) – Temporary Status casual labourers.

The Staff Side pointed out that as per the scheme of Temporary Status, these employees have been granted the pre-revised minimum of Rs.2550-3200 applicable to the lowest post with the benefit of annual increment etc. Therefore so far as pay scale are concerned they are being treated as regular employees. They have to be granted the Grade Pay of Rs.1800 and fixed at Rs.7000 with effect from 1.1.2006 if they are already matriculates and if not they should be given the training and then fixed at Rs.7000 with grade pay of Rs.1800 w.e.f. 1.1.2006.

The official side noted this demand and assured consideration.

Item No.11 – Grant of Revised Allowance w.e.f. 1.1.2006.

After discussion it was indicated that the issue may be discussed further in the next meeting before recording a disagreement if necessary.

Item No 12& 13 – Transport Allowance.

The Staff Side pointed out that the calculations desired by the official side are already available in item no. 13. It has been pointed out that Transport Allowance at the rate of Rs. 3200 granted to those in PB-3 of grade pay Rs.5400 and above is 2.9 times of their pre-revised TA+CCA which was Rs.1100. The Transport Allowance in respect of Grade Pay of Rs.4600 & 4200 has been revised to Rs.1600 which is only 2.28 times of the pre-revised TA+CCA amounting to Rs.700/-.

The demand was that the raise granted in respect of grade pay of Rs.4600 & 4200 should also be 2.9.times of Rs.700 which would work out to Rs.2030.

The official side stated that this is a new demand and cannot be treated as anomaly.

The Staff Side then stated that this item would be included in the agenda of the National Council

Item No.14 – Revision of the existing allowance which are to be replaced by new schemes.

In the last meeting it was stated that if within six months the new schemes are not finalized and introduced, the rates of these allowance like risk Allowance & Patient Care Allowance would be doubled.

The official side agreed to take a decision in this matter within a month’s time i.e. latest by 5.2.2012.

Item No.15, 16, 17 – Parity in pension.

In Para 5.1.47, the VI CPC has stated that in order to maintain the existing modified parity between present and future retirees it will be necessary to allow same fitment benefit as is being recommended for existing employees.

Having so recognised the maintenance of parity between the present and future retirees, the Commission has not extended the following liberalization benefits.

- Full pension after completion of 10/20 years of qualifying service

- Last pay drawn for determination of pension if it is more advantageous than the average emoluments and

- 50% of Grade Pay as against 40% of pre-revised basic pension

Benefit of these liberalisations may be extended to present pensioners w.e.f. 1.1.2006 (we do not want arrears) so that parity between present and future retirees is ensured as desired by the VI CPC.

The official side suggested that the matter may be discussed in the next meeting and disagreement if necessary will then be recorded.

The Staff Side also pointed out the latest judgment of full bench of Principal Bench of Central Administrative Tribunal according to which the clarificatory orders issued by Department of Pension dated 30th October 2008 for determining the modified parity has been quashed and Government has been directed to grant 50% /30% of sum of minimum pay in the pay band and grade pay of the corresponding pay scale of the post from which the employee had retired and re-fix the pension / family pension with effect from 1.1.2006 and pay arrears.

The official side stated that the Judgment is being considered and decision would be soon taken.

Item No. 20 – Daily Allowance on Tour.

The Staff Side insisted that rates of daily allowance may be doubled if the present system of reimbursement on the basis of actual expenditure on conveyance, boarding and lodging etc. are not suitable / practicable in the case of employees who go on tour to places where there are no such hotels / restaurants and the Auto drivers do not issue the receipts.

They also pointed out that when all allowances have been doubled and the Railway has also already doubled the rate of daily allowance on tour, why the Government should insist that DA should be at the pre-revised rates which are quite inadequate to meet the expenses on conveyance, boarding and lodging.

The matter was deferred to be discussed in the next meeting.

Item No. 24, 25, 26 – Commutation of pension.

The Staff Side demand is that option of Commutation had been given when a person retires. The commutation was allowed in terms of pension then fixed on the basis of pre-revised pay etc on the day following the date of retirement and in terms of the Table then in force.

If as a result of revision of pay and consequent revision of pension, additional amount of commutation arose the table which was applicable on date of retirement will have to be operated.

The New Table which has come in to force on or after 1.9.2008 cannot be made applicable in determination of additional commutation value which Table was not in existence on date of retirement.

The official side deferred this item for next meeting and to consider recording of disagreement if need be only in that meeting.

Item No. 28 – Grant of Grade Pay of Rs. 5400 in PB-2 for Asstt. Accounts/Audit Officer.

In the last meeting it was agreed that this and other connected issues would be discussed separately outside this forum by the Jt. Secretary (Estt.) & Jt. Secretary (Pers) with the Staff Side.

Though a detailed note has been sent to the above officers, no meeting has been fixed to discuss the note.

It was stated that a meeting would soon be fixed.

As there was no time, it was decided that next meeting of the National Anomaly Committee may be fixed soon and before the Budget session of Parliament commences.

Source:  Confederation of Central Government Employees

Increment for Employees received increment between Feb to June

The representatives of affliated unions who attended the fourth national anomaly committee meeting held on 05.01.2012, have reported that Government has accepted the demand of staff side for grant of additional increment to the employees who were receiving increment from Febrauary to June in the pre-revised pay scale prior to implementation of sixth pay commission report.

This issue was pending decision for many years and it’s a goods news for the employees who did not receive any increment during the year 2006 after fixation of pay based sixth pay commission implemention with effect from 1.1.2006, for the reason that they did not complete 6 months from the date of fixation of pay, as on 1.7.2006 as per Rule 9 of CCS Revised Pay Rules 2008.

However, an employee 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 oh 1.7.2006 i.e. on expiry of six months.

Similarly those, whose next increment is between 1st July 2006 and 1st December, 2006 were also granted next increment in the revised pay structure on 1.7.2006.

The modality to be adopted to rectify this anomaly will be issued by Government in the form of an order in the near future.

The letter issued by General Secretary of All India Railwaymen’s Federation informing this position can be viewed using the following link

Click here to read/download letter No: AIRF/24(C) dated 05.01.2012 issued by General Secretary of All India Railwaymen’s Federation.

Agenda Items for the meeting of National Anomaly Committee meeting (NAC)

Agenda items for the next meeting of National Anomaly Committee (NAC) to be held on 5th January, 2012.

The fourth meeting of the National Anomaly Committee to discuss the anomalies arising out the implementation of the recommendations of the 6th Central Pay Commission is scheduled to be held on Thursday, the 5th January, 2012 at 3.00 P.M. in Room No.119, North Block, New Delhi, Secretary, Department of Personnel & Training will chair the meeting.

Agenda items for the 4th meeting of National Anomaly Committee (NAC) to be held on 5.1.2012 has been uploaded on the official website of AIRF today, we have reproduced and given below the specific contents of the agenda items for your ready reference.

Item No.

Subject

Status till date

(after three meetings of NAC)

Item No.11 Grant
Revised Allowances with effect from 1.1.2006.

This was discussed in the 3rd meeting of NAC where the Staff Side stated that allowances formed part of wages AND THUS should be revised with effect from the same date from which Revised Pay Scales have been implemented i.e. 1.1.2006. The Official Side stated that the allowances, other than Dearness Allowance (DA), have been revised from 1.9.2008 on the basis of specific recommendation of the 6th CPC. It was reiterated that even after the 5th CPC similar practice was followed. Therefore, there was no anomaly as such. The Staff Side stated there are certain statutory allowances which need to be revised w.e.f.1.1.2006. The Staff Side was asked to forward such a list of statutory allowances for further examination of the Department of Expenditure.

Item No.12Item No.13 Transport Allowance

Increase of TA (Transport Allowance) at par with PB-3

The items 12 & 13 were clubbed and were discussed in the 3rd meeting of NAC where the Staff Side raised the following issues with respect to the revision of the Transport Allowance (TA) were raised.

(i) Employees with higher pay have been given rates of TA in comparison to low paid employees.

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

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

(iv) Employees who remain on long tour duties are not getting any Transport Allowance while on tour for more than a month/several months losing even that part of Transport Allowance which represents CCA.

The Official Side stated that the multiplication factor used for revision of TA was actually skewed in favour of the low paid employees and there was no anomaly in the matter. The Staff Side pointed out that in order to have a realistic picture, the multiplication factor in respect to the revised TA rates vis-a-vis the earlier TA rates plus CCA should be examined.

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

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

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

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

Item No.29Item No.30 Revision of Base Index for DABench Mark in AICPI Scheme for grant of DA / DR w.e.f. 1.1.2006 on CPC VI Level pay / Pension Restructuring.

The items 29 & 30 were clubbed and were discussed in the 3rd meeting of the NAC where the Staff Side pointed out some anomalies in decimal increases in percentage not being considered for sanction of DA/DR.

The Official Side stated there was no anomaly in the matter and that the fraction which was ignored earlier was taken into account while calculating the next DA instalment. Further fixation of the base has been done in the manner followed after previous Pay Commissions and there was no anomaly. Therefore, there was no question of any loss to the employees because of this.

The Staff Side would give detailed calculations in the matter to the Department of Expenditure for examination.

Item No.38Item No.39 Anomaly in fixing Grade PayAnomaly due to not applying informally the multiplication factor of 1.86 in fixing the minimum pay in all the revised pay bands applying different.

The items 38 & 39 were clubbed and were discussed in the 3rd meeting of the NAC where the Staff Side stated that the general recommendation of the 6th CPC was that the grade pay will be 40% of the maximum of the pre-revised pay scales. However, at the time of implementation of the recommendations of the 6th CPC, Government has given more than 40% as grade pay to certain categories of the employees in PB-3 and PB-4. Therefore, it was an anomaly and demanded that everyone should be given grade pay of at least 50% of the maximum of the pre-revised pay scales.

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

It was decided that the Staff Side would revisit the issue and revert on whether they wish to pursue the matter.

 

Item No.44 Anomaly in the Pay Scale / Pay Band and Grade Pay of Library Information assistants

This was discussed in the 3rd meeting of the NAC where the Official Side stated that through a specific and conscious recommendation of Sixth pay Commission, the pay scales of Trained Graduate Teachers (TGTs) have been upgraded and placed in PB-II with grade pay of Rs.4600. In this context, the Pay Commission has also clarified that on account of conscious upgradation, no other cadre can demand or can be granted higher pay scales. Therefore, Library Information Assistants cannot claim parity with TGTs.

The Staff Side stated that the School Librarians have also been placed in PB-II with the grade pay of Rs.4600 at par with the TGTs although there is no specific recommendation of the 6th CPC in this regard. The Library Information Assistants, who have the same qualifications as that of school librarians, have however been placed in PB-II with grade pay of Rs.4200. Thus, there is an anomaly with respect to grade pay of the Library Information Assistants.

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

Item No.45 Anomaly in Pension of those in receipt of stagnation increments in pre-revised pay scale.

This was discussed in the 3rd meeting of the NAC where the Official Side stated that this issue is somewhat related to the issue of granting one time increment to employees having their date of next increment between February 2006 to June 2006 under agenda item 5 (V), Accordingly, it was decided that the matter may be clubbed with agenda item 5(V) and the Staff Side was asked to confirm that their request for grant of an Increment in the pre-revised scale would not have repercussions on any other category and not lead to any further demands.

Item No.46Item No.49 Disparity in Pay scales and status :Officers in stenographers cadre.Anomalies in the matter of pay scales of Stenographers

The items 46 & 49 were clubbed and were discussed in the 3rd meeting of the NAC where the Official Side stated that in para 3.1.14 of the 6th CPC’s Report a specific recommendation for PS/Sr. PS. In non-secretariat organizations has been made and the same has been accepted and notified by the Government. Further, posts that were existing in the pre-revised pay scale of Rs.6500-10500 before 1.1.2006, including that of PS in field offices, have been upgraded to the pre-revised scale of Rs.7450-11500 w.e.f. 1.1.2206 vide Department of Expenditure’s O.M. No.1/1/2008-IC dated 13.11.2009. Therefore, suitable action has already been taken in the matter.

The Staff Side while agreeing with the Official Side stated they would check the position and revert back to the Official Side in case they feel that there were still any problems/difficulties in the matter.

Item No.50 Anomalies in the Pay scales of official Language Staff

This was discussed in the 3rd meeting of the NAC where the representative of the Department of Expenditure stated that orders were issued in November, 2008 regarding parity in the pay scales of OL posts in field officers and CSOLS and the matter has already been clarified by them on various references received in this regard from several administrative Ministries/Departments.

The Staff Side requested that the reference forwarded in this matter by the Ministry of Railways may be examined by the Department of Expenditure on a priority basis. This was agreed to by the Official Side. The Staff Side also mentioned that the parity in the pay scales in field and HQ is still to be granted in many offices including Ministry of Railways.

The Official Side requested the Staff Side to convey the names of such offices so that they could be called upon to take similar action in the matter.