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
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.
