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.
Comments
Can you please give complete address of the website? Also, is there anything mentioned about calculation in case of upgradation of scales?
Shinde
10% weightage on promtotion is welcome step! But it is my 'humble' opinion that since high level officials are the most benefitted individuals, i mean individuals, the Official-side immediately agreed for that! For example, if officer A's basic pay is rs.50,000 and on his promo he wants his pay be fixed on DNI, just calculate it...and the subsequent allowances! Great Babus!
Fixation of pay regarding illustaration 4B (wherever payscales merged), it is welcome decision. But what about the case of 'posts merged'? (illustration 4A).
anyhow i appreciate the Staffside.
iqbal
What about one who got promotion after 1.1.2006 from 5000 scale to 5500 (merged). whether they will get promotional increment. pl. clarify.
I have been put in PB-2 although my scale was Rs.8000 as on 1-7-2007. Should I not have been punt in PB-3?
My increment falls on march,Now that anomaly commitee has ordered an increment on 01/01/2006 to all whose increment falls between 1st feb and 30th june,will i be entitled for arrears (one increment+da+ta etc for the increment)from 1st jan 2006 to till date ie for (48 months).
Regards,
Srinivasa Raghavan
Pre-revised pay 7500-250-12000
Revised Pay Band 9300-34800
Grade Pay 4800
Non-functional grade afgter completion of 4 years
PB 3 15600-39000
Grade Pay Rs. 5400/-
It is requested that the non-functional grade pay of Rs. 5400 may please be recommended for all categories of staff after completion of 4 years in the grade pay Rs. 4800. I shall be grateful if this can be included as one of the agenda item for anomaly committee meeting scheduled on 16.1.2010.
Promotee will get actual grade pay attatched to post and MACP getter will get next higher grade pay. Please clarify it at the time of next meeting to be held on 16.01.2010.
Er. NAVIN JAIN ,MCD,NEW DELHI
shams
1)Uniform Gr. Pay (Rs. 4600/-)for old pay scales 5000-8000, 5500-9000 & 6500-10500.
ii) railway pass rules be modified with the new basic as per VI PC scales of pay.
ANY INCENTIVE LIKE COMPUTER ALLOWANCE OR INCREMENTAL BENEFITS AS LONG AS EMPLOYEE IS WORKING
I THAT DEPT. CAN BE WORKED OUT..
Perhaps you all have missed a fact that anomalous situation everywhere it is either in MACPS or nowe the pay fixation in the present cases of Assistants has resulted due to mishandling by the people in Finance like Mr. Alok Saxena. Till he is there, the officials of PB-1, 2 & to some extent of PB-3 also will continue to suffer.
mur
I WAS JOINED JAN2005, WHO ARE JOINED AFTER 01-01-2006, OUR JUNIOURS GOT MORE SALARY . , NOW IN THIS CIRCULAR WE ARE ELIGIBLE FOR REVISED SCALES
Pre-revised pay 7500-250-12000
Revised Pay Band 9300-34800
Grade Pay 4800
Non-functional grade after completion of 4 years
PB 3 15600-39000
Grade Pay Rs. 5400/-
This should be extended to all the Central Govt. staff irrespective of their place of working.
This is high time that JCM should look into such crucial issue and arrive at concesus to extend non-functional grade pay of Rs. 5400 to all the Govt. official after completion of 4 years in the grade pay Rs. 4800.
I shall be grateful if this could be given top priority in next scheduled meeting.
old entry grade
1 pgt 6500 18250 4800
2 tgt 5500 17140 4600
3 prt 4500 13500 4200
look-
a.difference between a tgt and a pgt.
b.ditterence between a prt and a tgt
previous was 1000 each but new entry pay between a prt and tgt make huge.no one wants to be a primary teacher if he be then he will always trying to go tgt or other job.he will never be seriosly committed to his job.
there should be minimum 16290 as cmf(6500)provided by commission for g.p.4200.
to whom it was recomended like prt, nursing and postal and who take benifite.
My view is total differ from your view as you have suggested that in any case promotee should not get less than whatever direct recruitee get as direct entry level.
My suggestion is: if any one holding a similar post whether by virtue of promotion or by direct recruitment or as on 1.01.2006, they should at any time get minimum of that particular basic.
eg. in Inspector grade all should get 18455 as prescribed in fitment table for Pre revised Scale of Rs.7450-225-.... means every prerevised pay scale should be multiplied by factor 1.86 and no one should get less than that amount.
Don't you think it is injustice to take the DA rate at 24 per cent even for persons who elect the revised pay structure according to the CCS(RP)Rules at a date subsequent to 01.01.2006. I think DA should be taken at the rate prevailing on the date of election of new pay structure for people who elect from date beyond 01.07.2006. Will it be sorted out.
The provisions under Rule 11 of the said rules should be modified accordingly to benefit such people and to remove the injustice.
sanjivi chennai
What is outcome of today's JCM please convey at earlies possible.
SCBANDU
I am working in All India Radio & I have no promotion till retirement in year 2022 nor macp in my organisation in my cader.I was appointed in year 2004.
kindly tell me pls.pls.pls.the latest detail regarding pay band/grade pay new nov/dec 2009 OM by MOF.
is there any chance of getting more pay on promotion than direct recruits after 1.1.2006 ?
what is the union doing in this matter ?
if anyone knows about it plz post a reply....plz
were from get the fast track committee recomendation
expected to your reply in this regards.
pushparajan.n
9361580564
I am working in All India Radio & I have no promotion till retirement in year 2022 nor macp in my organisation in my cader.I was appointed in year 2004.
kindly tell me pls.pls.pls.the latest detail regarding pay band/grade pay in nov/dec 2009 OM by MOF.
If anybody from GC pls. give me the reply pls.,I am still waiting sir.
Employees who were alloted quarter by Airport AUthority of India in Mumbai have to pay more income tax as it has consider as perks in par with corporate body.But such system not excist in other govt. departments.Same time AAI employe's spouse working in other govt. department deprived HRA as both coming in the definition of govt. departments.Why this double standards?.Inshort if any one of spouse alloted quarter they have to sacrify main part of salary.If the quarter allotee is transfered his/her spouse and children have to vacate the quarter eventhough they deprived main part of salary.
I am working in All India Radio & I have no promotion till retirement in year 2022 nor macp in my organisation in my cader.I was appointed in year 2004.
kindly tell me pls.pls.pls.the latest detail regarding pay band/grade pay in nov/dec 2009 OM by MOF.In All India Radio Ldc's & Udc's they are giving 4600/- GP 5000/- & 5500/- pay scale from 1.1.06.
If anybody Know somthing regarding above give me the reply pls.,I am still waiting sir.
I am working in All India Radio & I have no promotion till retirement in year 2022 nor macp in my organisation in my cader.I was appointed in year 2004.
kindly tell me pls.pls.pls.the latest detail regarding pay band/grade pay in nov/dec 2009 OM by MOF.In our organisation Ldc's & Udc's given 4600/- GP.
If anybody from GC pls. give me the reply pls.,I am still waiting sir.
Even if there is promotional avenue, the authorities are denying promotion taking the fact of MACP and we have to continue with the same Grade Pay for 8-10 years respectively. Can anyone tell me How the period of ACP and promotion be same that is 10 years despite when there is vacancy and promotional scope.
I therefore, request the National Anomaly Committee to put up the matter before the authority and give justice to us.
I am working in All India Radio & I have no promotion till retirement in year 2022 nor macp in my organisation in my cader.I was appointed in year 2004.
kindly tell me pls.pls.pls.the latest detail regarding pay band/grade pay in nov/dec 2009 OM by MOF.In All India Radio Ldc's & Udc's they are giving 4600/- GP with pay scale of 5000/- & 5500/- pay scale from 1.1.06.My entry level scale is 5000/- & I am a Tranmission Executive in all india radio but I am not giving such GP.
If anybody Know somthing regarding above give me the reply pls.,I am still waiting sir.
I am an employee of autonomous body in Delhi Govt. My pay scale prior to sixth pay commission was Rs 6500-10500.I have been given the grade pay of Rs 4200 in the sixth pay commission implementation. Please confirm whether I am eligible for grade pay of Rs 4600 w.e.f 1.1.2006 or not according to First National Anomaly Committee Meeting held on 12th Dec. 2009.