The latest Circular of NCCPA on the proceedings of National Anomaly Committee issued by the Staff Side Secretary Comrade Shiv Gopal Mishra with the comments of Secretary General NCCPA Comrade KKN.Kutty is reproduced below:
NCCPA CIRCULAR ON ANOMALY COMMITTEE
13/C,
Feroshah Road, New Delhi - 110001
Date: 18.07.2018.
Dear Comrade,
The first
meeting of the National Anomaly Committee was held today under the Chairmanship
of Shri Chandramouli, Secretary, Personnel, Govt. of India, Ministry of
Personnel and Public Grievances. As a
member of the Standing Committee of the NC JCM Staff Side the undersigned had
participated in the deliberations. The
Staff Side had critically examined the items before the same was processed for
inclusion. There had been correspondence
between the Staff Side and the Official side as to the admissibility of items
in the meeting. It was clear that the
driving force behind the Government’s decision had more often been their
willingness or otherwise to agree to the demand on merit of the case. Therefore, while they admitted almost all
items concerning the difficulties that arose out of the decision of ignoring
the 3% criterion for increment, (as in many cases it had resulted in less than
3%), as a matter of gratis, the very
item which questioned the wisdom of rounding off to the nearest rather than the next was considered not as an anomaly. Initially the Department of Personnel took
the untenable stand that items pertaining to Pension cannot be included as an
agenda in the Anomaly committee, for according to them pension was beyond its
purview. Accordingly, the two items, i.e. Minimum pension and Option No. 1,
which the Staff Side had introduced on our request, was not considered at
all. This was the stand taken by the
Joint Secretary (Estt) during his interaction with the Staff Side. In the preliminary meeting that was held
months back, the Official side had agreed to re-examine their stand on the
force of the arguments placed by the Staff Side. That was how the official minutes of the
meeting had indicated against many of the items. It was therefore, surprising
that the Official Side intimated the Staff Side only in the late hours of 16th
July, 2017, that they would be taking up
six items for discussion at the meeting convened for 17th. The Staff Side did discuss the said issue
and the way in which the meetings are convened and agenda papers were
circulated. At the insistence of the Staff Side, the Official side had to agree
to part with the reasoning they have for non-inclusion of the rest of the items
(Other than 6) for discussion. It is
however, certain that there is hardly any possibility of the Official side
conceding any of the issue, irrespective of the fact that very many of them are
clear cut anomaly and requires to be addressed.
It could be seen that the type of anomalies that had arisen after the 6th
and 7th CPC were the product of the top bureaucrats in the
respective Pay Commissions to garner benefits only for them at the cost of the
lower level functionaries. Most of the
other difficulties were due to the lack of sufficient time at the disposal of
the Commission and the Government’s intervention at the last minute over the
computation of Minimum wage.
Reverting to the two items
concerning the pensioners, viz. the computation of Minimum Pension by the 7th
CPC and the rejection of Option No. 1, from the reports we receive at the CHQ it is
clear that more and more Number of Pensioners have started realising the
complexity of the Pension welfare department over the Government’s decision.
. In the case of Minimum pension, we
have not gone into the right or wrong of the computation of the Minimum wage
though it will have a cascading impact on the very question of the Minimum
pension. Unless the Minimum wage is altered on the force of the trade union
action by the working employees, the possibility of the cascading impact would
not arise. What we are however, pointing
out is the arbitrary manner in which the minimum pension is reduced to 50% of
the Minimum wage. While the principle that nobody can exist without a minimum
wage including the pensioner, rather
more so by the pensioner, has the incontrovertible position, at the Anomaly
Committee our point is that it must be
not less than 60% of the minimum wage as the worker’s family consisting of three units, whereas
pensioner family has 1.8 units. In the
case of Option No. 1., there had been confusion galore at the initial
stages. It is now clear that somebody at
the top wanted the parity question to be settled in the manner the 5th
CPC had recommended and that would have only been possible if the Option No. 1 is rejected. It has been interpreted in such a manner that
the computation would become difficult without certain records, which are
unavailable. Though both the arguments were demolished, the Committee submitted
its report to the Government with the conclusion that the implementation of the
said recommendation was not feasible.
The argument that the Service Records of an individual pensioner was not
need to act upon the option No.1 was totally glossed over. However, they had to admit that in 86% of the
cases, the requisite records were available.
Even then the Committee suggested for its non-acceptance. The most reasonable position taken by the
Staff Side to have three options was also rejected. There is no history, where the Government has
accepted any suggestion made by the pensioners, their organisations, the JCM
Staff side in the past in respect of Pension and Pension fixation. They were dragged to the Court not once but
on many occasions. The classic example
was on the question of the “modified parity”
The Courts struck down the
argument of the Govt. There had been no
grace on the part of the Government to accept the verdict. They dragged the Pensioners upto the level of the Supreme Court. Even after the Supreme Court verdict, they
had the cheek to suggest that the benefit should be imparted only for the
litigants. We do not, therefore, pin any
hope over the deliberations that might take place in all these fora. It is our experience that the JCM forum was
used by the Govt. as vehicles for dilly dallying. But we are to take part in these exercises
for the sheer requirement of exposing the attitude of the Government and the
top bureaucrats, which controls it.
Placed hereunder is the record of discussion, drawn up by the Staff Side
of the JCM National Council after the
meeting. We have no idea when the next
meeting would be convened or convened at all.
With greetings,
Yours
fraternally,
Sd/-
K.K.N.
Kutty.
Secretary
General.
Copy
of the letter of the Staff Side Secretary, National Council, JCM, Staff Side,
to all the members of the National Council JCM. Dated 17.07.2018.
Comrades,
The meeting of the 7 CPC National Anomaly
Committee was held today (17/7/2018). Shri Chandramouli, Secretary (P), DOPT
presided over this meeting. The Department of personnel had identified the
following six items only for discussion:
- Item
No. 3- Removal of condition of 3% stipulated to grant bunching benefit
- Item
No. 4- Fixation of pay on promotion
- Item
No. 5- Removal of Anomaly in Pay Matrix
- Item
No 8- Lesser Pay in higher level of Pay Matrix
- Item
No. 9 - Bunching of steps in the revised pay structure
- Item
No. 14 – Grant of GP 5400 to Sr Section Officer of Railways and AAOs of
IA&AD and Organised Accounts (Civil Accounts, Postal Accounts and
Defence Accounts)
The
above items were subjected to discussions and the following decisions were taken.
Item No 3 – The Govt. will consider as to how the matter could be resolved after assessing financial implications
Item No 4 – The suggestion of the Staff Side to fix the pay
on promotion at the next higher stage after granting one increment was not
accepted. After discussion it was agreed that Govt would address the issue on
case by case basis. Those who are covered by the anomaly described under this
item have been advised to make representation to Fin. Ministry directly. The
staff side however insisted that the entire anomaly would he resolved if two
increments are granted while on promotion/MACP.
Item No. 5 & 8 – it was agreed by the official side that
this is an aberration ·and shall be addressed.
Item No 9- Rejected by official side
Item No 14 – The matter is under consideration of the Govt.
Alter completing discussions on the above items, the Staff Side insisted
that the following remaining items may also be taken up for discussion.
Item No.l Anomaly in computation of Minimum Wage
Item No.2. 3 % Increment at all stages
Item No.6 Anomaly due to index rationalization
Item No.7 Anomaly arising from the decision to reject option No. 1 in pension fixation
Item No. 10 Minimum Pension
Item No.11 Date of Effect of Allowances -HRA. Transport Allowance, CEA etc.
Item No.18 Anomaly in the grant of D.A. instalment w.e.f. 1.l.2016
Item No.l Anomaly in computation of Minimum Wage
Item No.2. 3 % Increment at all stages
Item No.6 Anomaly due to index rationalization
Item No.7 Anomaly arising from the decision to reject option No. 1 in pension fixation
Item No. 10 Minimum Pension
Item No.11 Date of Effect of Allowances -HRA. Transport Allowance, CEA etc.
Item No.18 Anomaly in the grant of D.A. instalment w.e.f. 1.l.2016
After discussion on the above items. the official side informed that the DOPT had already examined those issues and have come to the conclusion that those items will not come under the ambit of the definition of Anomaly. The Staff Side contested this. It was decided that the DOPT will convey the reasoning to the staff side and hold meeting with the Staff Side to sort out the differences.
The following items has been referred to Departmental Anomaly Committee of the respective Department/Ministries.
Item No.15. Technical Supervisors of Railways
Item No.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
Item No. 17 Anomaly in the assignment of pay Levels in the case of Research Assistants in Ministry of AYUSH. Homoeopathic Department.
The staff side then raised the following other issues.
1. Central Govt employees may be granted one more option to switch over to 7 CPC from a date subsequent to 25th of July 2016 - the official side informed that the matter is under consideration and a decision would be taken shortly.
2. The issue of pay fixation of ex-servicemen in the last pay drawn by them before retirement from armed forces is remaining unsettled - the official side informed that the matter has been referred to Min. of Defence by DOPT for their comments. Decision would be taken after receipt of comments from MOD.
3. The Staff side raised the issue of not convening meetings of the National Council. JCM and Standing Committee.
4. The staff Side also informed of the decision taken by the NJCA in its meeting held on 3-7-2018 of the revival of the deferred indefinite strike by the Central Govt Employees if no settlement is brought about on major demands like upward revision of minimum pay. fitment factor and NPS before 7-8-2018.
With Greetings
Yours fraternally,
Sd/-
(Shiva
Gopal Mishra)
Secretary
