Dear Comrades,
DISCUSSION IN THE JCM NATIONAL ANOMALY COMMITTEE MEETING
Conf/01/2012 Dated:
07.01.2012
Dear Comrades
A brief on the outcome of the meeting of the National Anomaly Committee
held on 5th January 2012 is given below.
With greetings
Yours fraternally
KKN Kutty
Secretary General
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:-
Meeting of the National Council and other forums should be convened as
often as possible and at least once in four months.
The issue relating to increment should be resolved in this meeting.
Issues relating to MACP may be allowed to be settled departmentally.
The 2 (actually 11) items which have not as yet been included in the
agenda should be included and discussed by arranging another meeting.
The meeting of the National Council which has not met for about 2 years
may soon be convened.
Issues relating to Loco Drivers (not getting any benefit of MACP) should
be discussed and resolved on priority basis.
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.
