Minutes of National Anomaly Committee Meeting
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.
LIST OF PARTICIPANTS IN THE PRE-NATIONAL ANOMALY
COMMITTEE OF THE NATIONAL COUNCIL (JCM) HELD ON 11/01/2018
|
S.No.
|
Staff-Side
|
Official-Side
|
|
1
|
Shri Shiv Gopal Misra
|
Shri G.D. Tripathi
|
|
2.
|
Shri M. Raghavaiah,
|
Shri Amar Nath Singh
|
|
Shri Rakhal Das Gupta
|
Shri Harjit Singh
|
|
|
Shri J.R. Bhosle
|
Ms. Sujasha Choudhury
|
|
|
Shri Guman Singh
|
Ms. Nirmala Dev.
|
|
|
Shri C.Srikumar
|
Shri Jaya Kumar.G.
|
|
|
Shri K.K.N. Kutty
|
Shri A.K. Jain
|
|
|
Shri Sankara Rao
|
Shri Charanjit Taneja
|
|
|
Shri R. Srinivasan
|
Shri Rajeev Kumar Bahree
|
|
|
Shri R.P. Bhatnagar
|
Shri Ram Gopal
|
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