Thursday 19 July 2018

NCCPA on National Anomaly Committee!

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: 


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,
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.
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: 
  1. Item No. 3- Removal of condition of 3% stipulated to grant bunching benefit 
  2. Item No. 4- Fixation of pay on promotion 
  3. Item No. 5- Removal of Anomaly in Pay Matrix 
  4. Item No 8- Lesser Pay in higher level of Pay Matrix 
  5. Item No. 9 - Bunching of steps in the revised pay structure 
  6. 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

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,
(Shiva Gopal Mishra)