Minutes of National Anomaly Committee Meeting held on 11.1.2018
Minutes of the Meeting held on 11.01.2018
to discuss the admissibility of the agenda items received from the
Staff Side, NC (JCM) for discussion in the National Anomaly Committee
(NAC) for the 7th Central Pay Commission
F.No.11/2/2016-JCA-I(Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel Training
North Block, New Delhi
Dated: 16 February, 2018
To
Shri Shiv Gopal Mishra
Secretary, Staff-Side
National Council (Staff Side)
Joint Consultative Machinery for, Central Government Employees
13-C, Ferozeshah Road, New Delhi-110001
Subject: Minutes of the Meeting held on
11.01.2018 to discuss the admissibility of the agenda items received
from the Staff Side, NC (JCM) for discussion in the National Anomaly
Committee (NAC) for the 7th Central Pay Commission.
Sir,
Please find enclosed a copy of the
Minutes of the meeting held under the Chairmanship of Joint Secretary
(Establishment) on Thursday the 11th January, 2018 at 1500 hours in Room
No. 190, conference Room, North Block, New Delhi with the
representatives of Staff Side, NC(JCM) for information and necessary
action.
2. As per discussion in the above
meeting, Staff Side may please reconsider their views on Item No. 7. A
copy of the recording during the meeting enclosed for perusual.
Yours faithfully,
(D.K. Sengupta)
Deputy Secretary to the Government of India
Tel. 23040255
MINUTES OF THE MEETING HELD ON
11.01.2018 TO DISCUSS THE ADMISSIBILITY OF THE AGENDA ITEMS RECEIVED
FROM THE STAFF SIDE FOR DISCUSSION IN THE NATIONAL ANOMALY COMMITTEE
(NAC) FOR THE 7TH CENTRAL PAY COMMISSION
A meeting was held under the
chairmanship of Shri G.D. Tripathi, Joint Secretary (Establishment),
Department of Personnel & Training with the representatives of Staff
Side of the National Anomaly Committee and senior officers from the
other Ministries/Departments concerned at 3.00 p.m. on 11.01.2018 in
Room No. 190, North Block, DoPT, New Delhi to consider the admissibility
of the 18 itmes of anomaly forwarded by the Staff-Side of the National
Council of JCM for settlement through discussion at the NAC constituted
after the Seventh Central Pay Commission. The list of participants is at
Annexure.
2. The Chairman welcomed the
representatives of the Staff-Side of the National Anomaly Committee and
asked Deputy Secretary (JCA) to briefly inform the participants the
purpose for convening this meeting.
3. Deputy Secretary (JCA) informed that
following the acceptance of the recommendations – to the extent they
have been – of the 7th Central Pay Commission by the Government, the
National Anomaly Committee has been constituted by DoPT. Subsequently,
on receipt of a representation from the Staff Side, NC(JCM), the
definition of what would constitute an anomaly has been revised and
notified. Therefore, as per the revised scope of definition, anomaly
will include the following cases;
a) Where the Official-Side and the
Staff-Side are of the opinion that any recommendation is in
contravention of the principle or the policy enunciated by the Seventh
Central Pay Commission itself without the Commission assigning any
reason;
b) Where the maximum of the Level in the
Pay Matrix corresponding to the applicable Grade Pay in the Pay Band
under the pre-revised structure as notified vide CCS(RP) Rules 2016, is
less than the amount an employee is entitled to be fixed at, as per the
formula for fixation of pay contained in the said Rules;
c) Where the Official side and the Staff
Side are of the opinion that the vertical and horizontal relativities
have been disturbed as a result of the 7th Central Pay Commission to
give rise to anomalous situation.
4. Deputy Secretary (JCA) mentioned that
a letter dated 16.08.2017 had been received from Secretary, Staff-Side
proposing to discuss 15 items in the National Anomaly Committee (NAC).
Subsequently, another letter dated 31.08.2017 was also received
proposing 3 additional items. On examining these 18 items against the
three (03) yardsticks as stated in para-3 above, it was felt that while
some agenda items clearly fall within the definition of ‘anomaly’, there
are a few which cannot be termed ‘anomaly’ as such, bordering more, as
they are, on the side of ‘demands’. There are a few more which
apparently by virtue of affecting the interests of one Department should
rather be taken up at the Departmental Anomaly Committee. On sharing
the findings of this Preliminary examination with the Secretary,
Staff-Side, a communication was received from him suggesting inter-alia,
besides giving their own reasons for retaining the same agenda – except
one item – for the NAC deliberations, that a meeting be convened to
discuss and finalize the items so as to to avoid delay in convening the
NAC meeting.
5. The Chairman then requested the leader of the Staff-Side and other members to put across their points of view on the issue.
6. The Leader, Staff-Side, thanked the
Chairman for convening the meeting at the suggestion of Secretary,
Staff-Side and initiated the discussion by emphasising that the next
meeting of the National Council under the Chairmanship of Cabinet
Secretary should be held urgently as more than 7 years have passed since
the last such meeting was held. He referred to the background against
which the JCM scheme has been institutionalized and stressed that the
purpose of JCM is to avoid confrontation between the Government and its
employees. He requested that the sentiments of the Staff-Side may be
conveyed to the Cabinet Secretary so that the meeting of the National
Council, JCM may be held without any further delay. He also suggested
that the Cabinet Secretary should meet the Standing Committee of the
National Council, JCM soon after the Republic Day celebrations so that
the deliberations can be be held on all pending issues. The Leader,
Staff-Side further stated that there are many issues arising out of the
7th Central Pay Commission’s recommendations which are still to be
settled to the satisfaction of the Staff-Side. He particularly mentioned
about the recommendations relating to New Pension Scheme, Minimum Pay,
Fitment Formula, etc.
7. Secretary, Staff-Side also expressed
similar views about lack of interaction between the Official-Side and
the Staff-Side. He mentioned that the institutions of JCM machinery has
become defunct and stated that the meetings of the Standing Committee
and the National Council, JCM should be called without any further
delay. He also mentioned that the Group of Ministers had met the staff
representatives and given some assurances for favourable consideration
regarding the Minimum Pay and Fitment Formula. But even after 1-1/2
years, no decision has been conveyed by the Government. He regretted
that inspite of the report submitted by NPS Committee, nothing fruitful
has been done for bringing new pensioners under defined and guaranteed
pension scheme. He stated that based on the assurance given by the group
of Ministers, the Staff Side had deferred the call for strike but now
it is getting very difficult for them to control the resentments of the
staff. He stressed the need for frequent interactions so that each side
can appreciate the other’s views. He also mentioned that no decision has
yet been conveyed on the 6th CPC related unresolved anomalies which,
the Staff-Side feels, should be sent for arbitration as the Staff-Side
has recorded its dissatisfaction on them.
(Action: D/o Pension & JCA Division, DoPT)
8. The Staff-Side members representing
M/o Defence stated that they are on a hunger fast joining with the 4
lakhs Defence Civilian Employees to protest against the various
decisions taken by Ministry of Defence against their interest. They
lodged their protest aginst what they called ‘arbitary’ policy decisions
made by the Government about outsourcing of jobs hitherto done in the
ordince factories, converting Army Base Workshops to GOCO Model, closure
of Station Workshops, Military Farms and Depots under Army Headquarters
thereby rendering 31,000 Employees surplus including 9000 employees of
Military Engineer Service, granting Uniform Allowance to the soldiers by
stopping the practice of getting them stitched through almost 12000
Employees in 5 Ordnance Factories etc. This is against the assurance
given by the Defence Ministry in the past to the Staff Side that the
jobs being perfomed by ordnance factories would be outsourced. They also
protested against the violation of the direction of Cabinet Secretary
by the Ministry of Defence in that the Staff Side has not been consulted
before deciding on outsourcing, closure, merger, declaring manpower
surplus etc. They demanded that MoD may be directed to immediately hold
discussions with the Staff Side and settle the issues in the interst of
the Defence Industry and its employees
(Action: M/o Defence)
9. The Staff Side also raised the following issues:-
a) The demand of the Staff Side for
extension of the date of option for switching over to 7th CPC Pay Scales
from a date on which the employee got promotion/MACP is not yet
settled. Necessary instructions may be issued in this regard.
(Action: Establishment Division, DoPT)
b) The Report of the NPS Committee even
though submitted to the Government in August, 2017 the Staff Side is not
yet given a copy of the same. The same may be given to the Staff Side
and a meeting may also be held with the Staff Side by the Government
before taking any decision on the recommendations of the NPS Committee.
(Action: D/o P & PW)
c) The Staff Side also pointed out what
they felt arbitrariness of the decision of the Government to close down
the various printing presses without even holding any discussion with
the Staff Side. The employees have been asked to immediately get
themselves, relived and join at faraway places. They added that
assurances were given by the Cabinet Secretary at the National Council
that the Government would discuss the problems faced by the staff and
resolve the same in all cases when the Government decides to wind up any
of its functions.
(Action: M/o Urban Development)
10. The Chairman stated that he has
taken note of all the concerns expressed by the Leader, Staff-Side,
Secretary Staff-Side and the other representatives of the Staff-Side. He
stated that the work on finalizing the comments on the Agenda for the
meeting with the National Council, JCM has been going on and another two
weeks would be required to finalize the comments and thereafter the
convenience of the Cabinet Secretary would be sought so that the meeting
of the Standing Committee can be held in the month of February, 2018.
He stated that the purpose of today’s meeting was to familiarize with
the issues as well as to arrive at a mutually agreed decisions as to
which of them should be taken up for discussion and settlement at the
NAC so that the first meeting can be convened at the earliest. He
further emphasised that the items on which the Government, has held a
view different from that of the 7th CPC would not be taken up for
discussion at the NAC since the Government decisions on them are
well-thought-out and conscious ones. However, where there is a
disagreement between what has been recommended and what the 7th CPC
should have recommended as part of its policy/principles would figure in
NAC discussion.
11. It was seen that there are seven (7)
proposed items which clearly fall within the definition of ‘Anomaly’.
At the conclusion of the discussions, the following was agreed to in
respect of the remaining eleven (11) items:
Item No.
|
Description
|
Decision
|
1
|
Anomaly in computation of minimum wage
|
In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
|
2
|
3% Increment in all stages
|
In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
|
6
|
Remove Anomaly due to index rationalization
|
In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
|
7
|
Anomaly arising from the decision to reject option No.1 in pension fixation
|
Sent back to Staff-Side for reconsideration of its views
|
10
|
Minimum Pension
|
The Staff-Side will take up this issue with the
Department of Pension & Pensioners Welfare separately. This will not
be treated as an anomaly.
|
11
|
Date of effect of Allowances-HRA, Transport Allowance, CEA etc
|
Thil will be taken up separately as an item in the Standing Committee meeting
|
12.
|
Implement the recommendation on Parity in Pay Scale
between Sr. Auditors / Sr. Accountant of 1A & AD and organized
Accounts with Assistant Section Officer of CSS.
|
As this was already under examination in the
Department of Personnel & Training it would not be taken up for
discussion in NAC at this stage. If it remains undecided at the later
stage, it will be included for discussion in NAC.
|
13
|
Parity in pay scales between Assistants/
Stenographers in field/ subordinate offices and Assistant Section
Offices and Stenographers in CSS
|
The Staff-Side, NC (JCM) will provide additional details
|
15
|
Technical Supervisors of Railways
|
The Staff-Side, NC(JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Railways.
|
16.
|
Anomaly in the assignment of replacement of Levels of
pay in the Ministry of Defence, Railways, Mines etc in the case of
Store Keepers.
|
The Staff-Side, NC (JCM) will take up this issue at
the Departmental Anomaly Committee of Ministry of Defence. JCA Division
will write to Ministry of Defence in this regard.
|
18.
|
Anomaly in the grant of DA instalment w.e.f. 01.01.2016
|
In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
|
12. The meeting concluded with a vote of thanks to the Chair.