The Second Meeting of the National Anomaly Committee held on 27th March, 2010 in Conference Hall (Room No. 119), North Block, New Delhi under the Chairmanship of Secretary (Personnel) for information and necessary action.
The anomalies as per the agenda were taken up for discussion:
Item No 9: Anomaly in pension for government servants who retiredldied in harness between 1 .1.2006 and 1.9.2008
Director, Department of Pension informed that during the first meeting of the NAC, under this item, the issue of non release of second instalment of arrears to the pensioners was raised. It was agreed that Department of
Pension will take necessary steps to sort out the problem. Director, Department of Pension informed that in this connection, Secretary (P) took up the matter with the Secretary, Department of Financial Services and the Department of Pension took up the matter with the concerned authorities and now the problem has been resolved. Regarding the issue of release of life time arrears to the family pensioners, Director, Department of Pension informed that suitable instructions in this connection already exist. The Chairman suggested that concerned instructions should be reiterated to ensure speedy release of life time arrears to family pensioners. The item treated as closed.
ltem Nos. 15. 16, 17 8 21:- Paritvl modified parity in pensionlrevised pensionlfamilv pension of all pre-1996 retirees with those who retired on or after 01 .01.2006.
The Official Side stated that the matter has been examined in detail on the basis of note given by the Staff Side. However, it has not been found feasible to agree to the demand of the Staff Side as revised pension has been fixed strictly in accordance with the principles enunciated by the 6" CPC for the same. Director, Department of Pension further informed that the matter was taken up with the Department of Expenditure and it has been decided that the modified parity adopted will stand as the same method was adopted after the implementation of the recommendations of the 5th CPC. However, even after a prolonged discussion in the matter, there was difference of opinion between the Official and the Staff Side. In view of this deadlock, the Chairman stated that the view point the staff side has been understood by the official side and that the official side will take a stand in the matter after taking into account the views expressed by the staff side. He then suggested moving on to the next agenda item.
Item No.18: Anomaly in Pension of r o s e retizing within the first 9 months of the year 2006.
Director, Department of Pension and Pensioners' Welfare informed that suitable instructions have already been issued to allow the last pay drawn as the basis of pension calculation for those who retired on or after 1 .I,2 006. As the anomaly has already been resolved, it was decided to treat the item as closed.
Item No.19: Revision of pension of those who retired durinq the period 1.1.2006 to 1.9.2008.
Director, Department of Pension and Pensioners' Welfare informed that suitable instructions have already been issued to the effect that the benefit of full pension on retirement after
20 years of service has also been extended to employees who retired between 1.1 .ZOO6 to 1.9.2008. As the anomaly his already been resolved, it was decided to treat the item as closed.
ltem No.22:- Revision of pension of those who are receivinq two pensions.
Director, Department of Pension and Pensioners' Welfare informed that suitable instructions have already been issued vide O.M. dated 12th 0ctober 2009 to the effect that in respect of persons receiving two pensions, the floor 4 ceiling of basic pension of Rs.35001- per month shall apply individually.Therefore, it was decided to treat the item as closed.
ltem No.23:- Special provision for those who retired on or after 1.1.2006 but retained pre revised scale of pay
Director, Department of Pension and Pensioners' Welfare informed that although such a case has not come to the notice of that Department, however, the matter has been taken up with the Ministry of Finance and the same is under consideration. After detailed discussion, it was decided that the staff side will try to provide specific cases where problems are being faced due to retention of prerevised pay scale. It was also decided to look into the modalities adopted in such cases after the implementation of the recommendations of the 5th CPC.
ltem Nos.24.25 8 26:-Commutation of pension I additional pension
The staff side stated that the additional amount of pension commutation due to retrospective revision of pay of post 31'' December 2005 retirees, should be done on the basis of the then existing (old) commutation table whereas the government has decided that this should be done on the basis of the New Commutation Table recommended by the 6ht CPC. The staff side further stated that this dispensation is anomalous and the then existing table should only be used to calculate the amount of the additional commutation of pension becoming due on account of the revision of pay scales. The official side stated that the 6Ih CPC has recommended that if a pensioner opts for additional commutation of pension due to retrospective revision of pay, then the amount of additional pension commutation should be calculated on the basis of the New Commutation Table. It was further clarified by the official side that if the concerned pensioner did not opt for additional commutation, then the issue of using the new or old table would not come into being. Therefore, the alternative of not opting for the additional commutation is already available to the concerned pensioners if they feel that the revised commutation table is not favourable to them. Moreover, the official side also clarified that as per the scheme of things approved by the cabinet, the revised commutation table is to be used for calculating only the future commutation of pension and will not be applied to the past commutation. In respect of pensioner who has already commuted the pension, the revised commutation table shall be used only to compute the amount of pension that has become additionally commutable due to retrospective implementation of the revised pay scales. After detailed discussion on the matter, it was decided that as the new dispensation has been formulated strictly in accordance with the recommendations of the 6'h CPC However, there was no consensus on the item and it was decided to move to the next agenda item.
ltem No 36; Income criteria in respect of parent and widowed1 divorced unmarried dauqhters.
The staff side demanded as everyone does not get Dearness Allowance (DA), the limit of Rs.35001- plus DA should be converted into a fixed amount for deciding the income criteria in respect of parent and widowed1 divorced1 unmarried daughters. After detailed discussion, it was agreed that the official side will re-examine the issue.
ltem No.48- Restoration of commutation of pension after 12 years instead of 15 years.
Director, Department of Pension and Pensioners' Welfare informed that after examining the matter in detail, the 6Ih CPC has recommended that the existing 15 years period for restoration of pension should be maintained. However, the staff side was of the opinion that the commuted portion of pension is actually recovered by the Government within 12 years and therefore there is a need to have a relook in the matter. The staff side also referred to their calculations in this regard and requested the Official Side to reconsider the matter. After detailed discussion, it was decided that Official Side will re-examine the calculation given by the Staff Side and also the calculations used by the 6th CPC.
ltem Nos.54 to 59
The official Side informed that item nos. 54 to 59 relate to anomalies pertaining to Union Territory of Puducherv. It was further informed by the Official side that the administration of Puducherry has constituted an Anomaly Committee at the local level. Therefore, it was agreed that these items may be dropped from the agenda of the National Anomaly Committee. However, the staff side also stated that the Anomaly Committee constituted by the Administration of Puducherry should be on the pattern of the departmental anomaly committees and staff side should also be given due representation in the same.
ltem Nos.52 & 53
The Official Side informed that these two items relate to anomalies pertaining to the Union Territory of Andaman & Nicobar Islands and therefore suggested that the same may also be dropped from the agenda of NAC. The Staff Side agreed with the suggestion subject to the condition that some mechanism should be evolved at the local level to discuss these anomalies. The Official Side agreed to take up the matter with the Ministry of Home Affairs.
Agenda Item Nos. 1 to 4 & 5(iii)- Anomaly in Pay Fixation in case of merger of various Pay Scales.
The Staff Side reiterated their demand that since the pre-revised Pay Scales of Rs.5000-80001-, Rs.5500-90001- were merged with the pay scale of Rs.6500-10500, the pay of the incumbents holding the pay scales of Rs.5000-80001- and Rs.5500-9000 should have been fixed with effect from 1.1.2006 by applying the multiplying factor of 1.86 at Rs.65001-. The Official Side informed that incumbents in the pre revised pay scale of Rs.6500-10500 have been granted Grade Pay of Rs.46001- and hence now, there is no justification for this demand. The staff side, however, stated that it would be incorrect to presume that the anomaly has been resolved by granting grade pay of Rs. 4600 to employees in the pre-revised scale of Rs. 6500-10500. The staff side stated that pre-revised pay scales of Rs 5000-80001- and Rs 5500- 90001- have been merged with the pre-revised pay scale of Rs 6500-105001- and therefore, employees in these pay scales should be given the minimum of Rs 65001- multiplied by 1.86 as basic pay in the pay band.
Agenda Item No.5- Revised Pay Rules
(i) Regarding finalisation of option to be given by the employees for the purpose of pay fixation, it was informed by the representatives of the Department of Expenditure that matter regarding delegation of powers to the administrative Ministriesl Departments to allow the revised option is under consideration.
(iv) Regarding anomaly in fixation of pay between direct recruits and promotees, the Staff Side reiterated that while applying Rule 8 of the CCS (RP) Rules, 2008, the pay of direct recruits and new entrants is fixed at a higher stage when compared to the existing employees who were promoted in the same grade. The Staff Side demanded that this anomaly should be rectified by incorporating a provision that in case after 1.1.2006, if a promotee's pay is getting fixed at a stage lower than that of a direct recruit as given in Section 2 of the First Schedule of the CCS (RP) Rules, then the pay of the promotee should be fixed at the same stage as that of a direct recruite new entrant so that the existing employees' pay is protected at par with the pay given to a new entrant. The Staff Side referred to the orders issued by the Ministry of Railways for stepping up of the pay of a senior employee who is after promoted after 1.1.2006 and if his I her pay is fixed at a stage less than that of a junior employee who is recruited after 1.1.2006 and requested that Department of Expenditure should issue similar order1 clarification in respect of employees of other Ministriesl Departments. The Official Side, however, was of the opinion that such orders should be issued only by the concerned Ministries Departments after seeking approval of the Department of Expenditure. Representatives of the Department of Expenditure also informed that the order issued by the Ministry of Railways is not applicable to all the cases and also that the same is applicable only in certain cases subject to fulfilment of certain conditions. Therefore, Representatives of the Department of Expenditure were of the view that a general order in this regard might create more confusion and hence it would be prudent to deal with the issue on case to case basis. In response to the suggestion of the staff side to re-examine the matter, representatives of the Department of Expenditure stated that the matter has already been examined and in cases, where the conditions of stepping up are met, there is no difficulty. However, in cases, where certain conditions are not met, it may not be possible to accommodate the demand of the staff side with the broad principles envisaged by the 6th CPC in this regard. The staff side than stated that as per the relevant provisions of the Fundamental Rules, anybody who is promoted, his I her pay cannot be fixed at a stage lower than the minimum of the pay scale in which the has been promoted. The staff side further stated that any person, who is appointed afresh to a post, is normally appointed at the minimum of that pay scale. Therefore, whatever pay has been prescribed for a direct recruitee, has to be treated as the minimum of that particular post in the concerned pay band. On this basis, the staff side stated that pay of a promotee should not be fixed lower than that of a direct recruitee in a particular pay band. The representatives of the Department of Expenditure stated that as a general preposition, this is not in line with the scheme of things envisaged and implemented as result of the recommendations of the 6th CPC. Therefore, agreeing with the demand of the staff side would mean departing from the general recommendations of the 6'h CPC and therefore additional information is required before taking any decision on this matter. In this regard the staff side contended that it is a question of relevant Fundamental Rules and not regarding the recommendations of the 6th CPC. The Staff Side insisted that provisions of the Fundamental Rules are statutory and therefore, they are above the recommendations of the 6th CPC and would prevail over them.Representatives of the Department of Expenditure stated that as per Rule 15 of the CCS (RP) Rules, 2008, the provisions of CCS (RP) Rules 2008 shall prevail in case there is any inconsistency between these rules and Fundamental Rules and therefore, the contention of the Staff Side regarding consistency with the Fundamental Rules and provisions regarding fixation of pay on promotion is not correct. After a prolonged discussion on the matter, it was decided that the Official Side will re-examine the matter.
(v) Regarding the anomaly relating to Rule 9 of the CCS (RP) rules, 2008, concerning the date of next increment, the Staff Side reiterated their demand that employees whose date of next increment falls between 1st February to 1st June may be given an increment, as a one time measure, in the pre revised pay scales on 1.1.2006 as has already been done in respect of employees whose next date of increment was 1.1.2006. The representatives of the Department of Expenditure stated that it is important to first examine the percussions of granting an increment w.e.f 1.
1. 2006 in the pre revised pay scale because such a decision may eventually lead to certain other anomalies. After a long discussion, it was agreed that the Official Side would re- examine the matter and either suitable clarification in this regard will be issued before the next meeting of the National Anomaly Committee or if there is a need, the Department of Expenditure shall discuss the matter again with the representatives of the
Staff Side.
(vii) The issue regarding temporary status casual labourers was discussed. The Staff Side stated that the temporary status casual labourers should be imparted the requisite training and granted grade pay of Rs.18001- w.e.f. 1.1.2006. In this connection, the Official Side informed that the Department of Personnel & Training has already taken up the matter with all Ministries1 Departments and information has been called from all Ministries I Departments regarding the number of temporary status casual labourers and the proposals relating to three Ministries1 Departments have already been cleared. It was also informed that no proposal of any Ministry1 Department is pending with the Department of Personnel & Training. Therefore, the required action has already been initiated in this regard.
Agenda Item No.47: Date of Annual Increment in EOL cases
The Staff Side stated that after the implementation of the recommendations of the 6'h CPC, the date of annual increment in respect of all the employees has been fixed as 1st July every year. In this regard, the
Staff Side drew attention towards a clarification given by the Department of Personnel & Training to the Ministry of Defence that in case of qualifying service of less than six months has been rendered between 1st January and 30th June of every year on account of EOL, this will have the effect of postponing one's increment to 1st July of next year. The Staff Side stated that this is quite an anomalous situation and requested that this anomaly should be removed at the earliest. After a detailed discussion on this subject, it was agreed that if an employee has rendered minimum of six months of qualifying service during a particular year, he or she should be entitled to get the annual increment on 1st July. It was also agreed that Official Side would issue appropriate instructions in this regard at the earliest.
8. In the end, the chairman thanked the members of the staff side for their help and cooperation for a rigorous and fruitful discussion. The Chairman reemphasised that the staff side should proactively share with the official side the queries about the report of the €jib CPC so that explanatory notes I clarifications etc. could be prepared and uploaded on the website of the Department of Personnel and Training. The Chairman also requested the Staff Side to quickly forward the names of the representatives of the staff side to be nominated as members in the Joint Committee on MACP so that the order regarding constitution of the Joint Committee could be issued. The Chairman then suggested that the next meeting of the National Anomaly Committee could be convened in the last week of June 2010. The staff side agreed with this suggestion.
Share with the world !!
