Ref: Confdn/Standing
Committee/2016-17
Dated – 15.10.2016
To,
Com Shiva Gopal Mishra
Secretary, Staff Side, NC/JCM
13-C, Ferozeshah Road,
New Delhi -110001
Dear Comrade
We
have seen the items already sent to the Govt for discussion in the Standing
Committee of Meeting which include
JCM function 2. Compassionate Appointment 3.Non
implementation of decisions taken at 46thMeeting of the National
Council 4. Reduction of one day PLB in defence establishment, 5. LTC-relaxation
of air travel, 6. HRA for those who vacated govt quarters, 7. Restoring
interest free advances, 8. Entry pay for promotees, 9. Grant of 3rd MACP,
10. Dental treatment, 11.Income criteria for dependants, 12. Re-imbursement of
actual medical expenses, 13. Carry forward of Earned Leave
We send herewith the following items for inclusion in the
agenda we shall be grateful if the same is forwarded to the official side
urgently.
Thanking you in anticipation,
Yours faithfully,
(M. Krishnan)
Secretary General
1. Amendment to the definition of anomaly as notified by
Government in the orders of constitution of anomaly committees at various
level.
The DOPT&T has notified the definition of anomaly
arising from the 7th CPC recommendation vide their OM No.
11/2/2016-JCA dated 16th August 2016 as under:
“(1) Definition of Anomaly
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 of the policy enunciated by the 7th Central Pay
Commission itself without the Commission assigning any reason, and
(b) Where the maximum of the Level in
the Pay Matrix corresponding to the applicable Grade Pay in the Band 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”
The Anomaly normally arises due to the recommendation of the
Pay Commission having been acted upon without going into the ramification of
such action on similarly placed employees in various other organisations.
In this connection, we may refer to the OM No. 19/97-JCA,
DOP&T, dated the February 6, 1998 where the anomaly was defined as under,
on reaching an agreement between the Staff Side and the Group of Ministers on
11.9.1997.
“(1) Definition of Anomaly
Anomaly
will include the following cases:
(a) Where the Official Side and the
Staff Side are of the opinion that the vertical/horizontal relativities have
been disturbed as a result of the Fifth Central Pay Commission Report in a
manner leading to grave dissatisfaction and adverse impact on efficiency;
(b) Where the Official Side and the
Staff Side are of the opinion that any recommendation is in contravention of
the principle of the policy enunciated by the 7th Central Pay
Commission itself without the Commission assigning any reason, and
(c) Where the maximum of the Level in
the Pay Matrix corresponding to the applicable Grade Pay in the Band 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 Rule
(d) Where the amount of revised
allowance is less than the existing rate”.
We request that the definition of anomaly may be replaced
with what is stated in the OM dated February 6, 1998.
2. Withdraw the stringent conditions unilaterally imposed
by Government for grant of Modified Assured Career Progression (MACP) promotion
and grant MACP on promotional hierarchy. Personnel promoted on the basis of
examination should be treated as fresh entrant to the cadre for grant of MACP.
The pre-appointment induction training period may be counted as regular service
for grant of MACP as it is counted for increment.
It was in the background of extreme stagnation, especially
in the lower cadres, the 5th CPC was approached for a
promotional scheme which must not be linked with vacancies but on time bound
basis. The 5th CPC in appreciation of the genuine aspirations
of the low paid employees as also taking into account the practice followed in
Government services of cetain State Govts introduced the ACP scheme assuring
minimum two financial upgradations (promotions) in the service career of a
person. The ACP, as is known when granted, does not make the incumbent to
function in a post with higher responsibility but continue to be in same
cadre/grade but with higher remuneration.
The 6th CPC did not make any great deviation
of the scheme. But the Govt., acceding to the demand of the Staff Side,
improved the 2 time-bound promotions as 3 promotions under the MACP scheme.
However, while issuing the orders the scheme was made applicable, unlike ACP,
only Grade Pay based financial upgradation as recommended by the 6th CPC.
Between 2006-11, the Staff Side had pointed out on innumerable occasions, the
anomalies the said decision created and having obtained no redressal the
employees were driven to courts, whose decisions were not allowed to be given
effect to.
The 7th CPC recommendations gave the
impression that it has appreciated the concern of Staff Side and had suggested
for a cadre hierarchy based MACP scheme. The order issued by the DOPT on
27.9.2016 belies that in as much as it is stated in Para 3.2 as under:
“The MACPS envisages merely placement in the immediate next
higher level in the Pay Matrix as given in Part A of Schedule of the CCS
(Revised Pay) Rules, 2016. Thus the level in the Pay Matrix at the time of
financial upgradation under the MACPS can, in certain cases where regular
promotion is not between two successive levels in the Pay Matrix, be different
than what is available at the time of regular promotion. In such cases, the
higher level in the Pay Matrix attached to the next promotion post in the
hierarchy of the convened cadre/organisation will be given only at the time of
regular promotion”.
Besides, the Govt. has accepted the recommendation of 7th CPC
in Para 5.1.45 making Bench-mark of ‘very good’ as the primary criterion for
MACP.
We request that the order making MACP level bases hierarchy
instead of cadre based hierarchy must be rescinded as the changed scheme has
been less beneficial to large number of employees compared to ACP and it has
given rise to anomalies in Pay between two schemes of employees in the same
cadre.
Secondly, the stipulation of Benchmark “Very Good” for MACP
is untenable and the MACP is only financial upgradation and does not devolve
any additional responsibility and the individual concerned continues to
function in the same grade and cadre even after grant of MACP. It may also be
noted that “Very Good” is not a bench mark even today for promotion in Gr B and
C cadres.
When the intention is only financial upgradation in view of
the long number of years one has put in, the stipulation of Bench March “Very
Good” is wrong and deserves to be withdrawn.
Two other issues requiring consideration and acceptable are:
(1) The personnel promoted to a cadre bases on examination
must be treated as new direct entrant to that cadre and MACP to be related with
the date of entry to that cadre;
(2) The pre-appointment induction training period is to be
counted as regular service period for the purpose of MACP.
3. Removal of ambiguity in fixation of pay of re-employed
Ex-Servicemen and grant of the same benefit extended to Commissioned officers
to personnel Below officers Rank also.
The pay fixation of re-employed
Ex-Service men who held the rank below commissioned officers/Group A at the
time of their re-employment is not carried out in many departments as per
Government orders on the subject issued from time to time due to misinterpretation/wrong
clarification by the administrative authorities. The re-employed Ex-service men
personnel below the officers Rank are being deprived the minimum pay of the
post from which they are retired from Army, instead their pay is fixed at the minimum
of the re-employed post only, whereas those who retired as commissioned
officers/Group A is extended differential treatment and their pay is fixed at a
higher stage due to their past service benefit. Fresh orders/amendments be
issued free from any scope for misinterpretation/ambiguity, clearly mentioning
the fixation of pay of the re-employed Ex-Service men belonging to below
officer rank, at the same stage as the last pay drawn before retirement from
army, ignoring the entire portion of pension since the pension is minuscule and
not even enough to lead a decent living.
4. Permission to opt for pay fixation in the Revised pay
structure on a date after the date of issue of CCS (RP) Rules 2016 notification
(25.07.2016) in case of employees whose promotion become due after 25.07.2006.
As per the clarification issued by
Department of Expenditure (Implementation cell) on 29th September
2016, in case and employee is promoted or upgraded to the higher pay structure
(in the pre-revised pay structure) he may be permitted to exercise revised
option as per FR 22 (i) (a) (i) to have his pay fixed under the Revised Pay
Rules 2016, from the date of such promotion/upgradation or from the date of
next increment. As per this rule and employee who is promoted/upgraded on
24.07.2016 (one day before the date of issue of notification) can opt for
fixation of his revised pay on the date of next increment which falls on
01.07.2017. This facility is available only for those employees who are
promoted before 25.07.2016 (date of notification of CCS (RP) Rules 2016). If an
employee is due for promotion on 26.07.2016 (one day after the date of notification)
he cannot opt to fix his revised pay under the CCS (RP) Rules 2016 on the date
of next increment i.e. 01.07.2017. This is a clear case of discrimination and
amounts to creation of a class within a class. Hence the option for fixation of
pay under CCS (RP) Rules 2016 from the date of next increment, may be extended
to the employees who are due for promotion after the date of issue of
notification i.e. 25.07.2016 also.
5. Extension of the benefit of bonus calculation ceiling
enhancement to Rs. 7000/- to Gramin Dak Sevaks (GDS) of the Postal department
also.
The above benefit is yet to be granted to the
GraminDakSevaks for want of approval of the Finance Ministry. The GDS Committee
constituted to revise the wages and service conditions of GDS has already
recommended to grant enhanced ceiling of Rs. 7,000/- to GDS also and their
suggestion is pending with the Govt. for action. We request that orders
enhancing the ceiling limit to RS 7,000/- may be issued immediately.
6. Regularise the services of casual labourers by
absorbing them against vacant posts of MTS as one time measure.
Casual and contingent workers were
engaged by various Departments to cope up the regular work especially in the
period when the Ban on Recruitment/creation of posts was in operation. Such
appointments had become necessary to ensure that the work does not suffer and
the public at large are not put to difficulties. There had been despite the
directive issued by DOPT in the past banning such engagement of casual labour.
Over the years their number has increased manifold. These employees have put in
several years of service. The omnibus order banning he recruitment does not
spell out as to how the work assigned especially in operational and public
dealing departments are to be carried out. Presently due to either delay on the
part of the recruiting agency or for such unforeseen reasons in various
departments, MTS posts are lying vacant and contract workers are engaged. The
case of those who were employed against vacancies of permanent and perennial
nature of jobs for regularization cannot be denied except in violation of the
existing labour laws or on unethical ground. To address this, the DOPT must
draw up a scheme for regularization of eligible candidates in Government
service as a onetime measure.
7. Fill up all vacant posts including promotional posts in
a time bound manner
Inspite of lifting of ban on filling up of vacant posts from
2010 onwards, in many departments posts are not being filled and an undeclared
ban is in existence. The 7th CPC has stated that there are
about six lakhs vacant posts in central services. Non-filling up of vacant
posts has adversely affected the efficiency of many departments. Further many
promotions posts are lying vacant due to abnormal delay in convening DPCs.
Strict instructions may be issued to all departments to initiate action to fill
up all vacant posts on top priority basis and also to convene the DPCs
regularly for granting promotion to eligible officials.
8. Abolish and upgrade all posts of Lower Division clerks
(LDCs) to Upper Division Clerks (UDCs).
The cadre of Lower Division Clerks in Govt of India service
has now become redundant as many of the jobs assigned to them are part of the
duty list of MTS and the rest is also assigned to UDCs. The abolition of Gr. D
cadres and introduction of MTS with certain clerical functions and computerised
functioning in all organisations of GOI have made the cadre presently
superfluous. As pointed out, the UDCs whose educational qualification is
Graduation has overlapping functions of LDCs. Major Deptt. of the Govt of India
recognising this fact has reduced the cadre strength of LDCs. We therefore
request that the existing No. of LDC posts in Government may be upgraded as one
time measure as UDCs and the posts of LDCs totally abolished.
Shri D. K. Sengupta
Deputy Secretary (JCA)
Ministry of Personnel PG and
Pension
Department of Personnel &
Training
North Block, New Delhi – 110001
Sir,
Sub: - Agenda
items for meeting of the JCM (NC) Standing Committee
Ref: -
Your letter No. F. No. 3/3/2019-JCA-I dated 27.09.2016 addressed to Secretary,
Staff Side
I forward herewith 8 additional items for inclusion in the agenda for the
Standing Committee meeting slated for 25th October 2016.
Thanking you,
Yours faithfully
(Shiva Gopal Mishra)
Secretary, Staff Sid
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