Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008

Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side

Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008

Shiva Gopal Mishra

Secretary

National Council (Staff Side) 

Joint Consultative Machinery 

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001 

E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2018

Dated: November 6, 2018

The Secretary(Exp.),

Ministry of Finance, 

Department of Expenditure, 

New Delhi

Dear Sir,

 Sub: Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.

Ref.: MoF(Deptt. of Exp.)’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III (A) dated 16.10.2015

Kindly call for my earlier letter of even number dated 18th January, 2018(copy enclosed), through which your kind attention was drawn towards MoF(Deptt. of Exp.)’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule-13 of CCS(RP) Rules, 2008.

In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation, instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM supra dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010. As they were not aware with the fact that any such benefit of pay fixation under Rule-13 would be extended in future as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015, then they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates promotion/ financial upgradation, as per the option provided vide Deptt of Expenditure’s OM dated 05.07.2010.

Further, as per instruction of Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008 in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008.

However, benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant(RP) Rules, 2008, with effect from the date of promotional/financial upgradation instead of 01.01.2006, by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010 (as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions contained in Deptt. of Expenditure’s OM dated 16.10.2015.

It has also come to our knowledge that, some of the Railways have made a reference on this issue, seeking clarification regarding extending the benefit of the above-mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP)Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this clarification to the Deptt. of Expenditure(Ministry of Finance).

Earlier, in similar cases, whenever Deptt. of Expenditure’s OM brings about a material change in the basis for exercise of option to come over to revised pay structure/unforeseen developments and change of rule in terms of the CCS(Revised Pay) Rules, opportunity to revise their option to come over to revised pay structure has always been given(as it was given through Deptt. of Expenditure’s OM dated 03.11.2013).

Also, it is also is heard that, DoPT is agreed that, re-fixation of pay for merged post under Rule-13 of CCS(RP) Rules-2008, on the basis of Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated-16.10.2015, were unforeseen developments/change of rule. This brings a material change in the basis for exercise of option to come over to the revised pay structure.

Hence, it is very clear that, Deptt. of Expenditure’s OM dated 16.10.2015, brings a material change in the basis for exercise of option to come over to revised pay structure, unforeseen developments and change of rule in terms of the Railway Services(Revised Pay) Rules, 2008. Hence, it is demanded that, opportunity to revise their option to come over to revised pay structure, under the rule of the CCS(RP) Rules, 2008, w.e.f. 01.01.2006, may be given to those employees who are covered under the said letter dated 16.10.2015, as it is more beneficial for them as now.

In view of the above, it is requested that, necessary clarifications in this regard may kindly be communicated to all the Ministries/Departments of the Government of India, so that, aggrieved staff can get an opportunity to re-exercise their option, under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules, 2008, w.e.f. 01.01.2006, and get benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.

Sincerely Yours, 

sd/- 

(Shiva Gopal Mishra) 

Secretary (Staff Side) 

National Council (JCM)

Source: http://ncjcmstaffside.com

Read More

Increase in minimum pay and fitment formula

Increase in minimum pay and fitment formula - Note Submitted by JCM National Council staff side to senior officers committee headed by Shri Pramod Kumar Das, Additional Secretary, Ministry of Finance, Department of Expenditure on 14th August 2017.

To view the letter addressed to Additional Secretary, Govt. of India, Department of Expenditure, please here

Read More

NATIONAL ANOMALY COMMITTEE (NAC) MEETING ON: 22.08.2017

Read More

While Pay Commission’s report is put on the Public Domain after its submission to the government, why these reports are kept secret”, the Staff Side asked(Proceedings of the Standing Committee meeting) Read more

No.NC/JCM/2017

Dated: May 5, 2017

All Constituents of NC/JCM(Staff Side)

Dear Comrades!

Sub: Proceedings of the Standing Committee meeting of the National Council(JCM held on 03.05.2017 under the Chairmanship of Secretary(DoP&T)

Immediately after Introductory Remark of the Secretary(DoP&T), the Staff Side raised the following issues:-

1. For more than 7 years now the National Council(JCM) has not met. Functioning of the JCM is completely diluted by the Government Departments are also not holding meeting. The grievances on service matter of the employees are getting accumulated. The JCM Machinery needs to be strengthened and meeting with the Staff Side should take place regularly.

2. It is now more than 10 months after proposed “Indefinite Strike” was deferred by the Central Government Employees; based on the assurance given by the Group of Ministers. None of the demands is settled. “The Staff Side is in dark about the recommendations of the Allowance Committee”. “While Pay Commission’s report is put on the Public Domain after its submission to the government, why these reports are kept secret”, the Staff Side asked. Since Allowances Committee report is considerably delayed the date of effect of the revised allowances should be w.e.f. 01.01.2016. The Staff Side has demanded that, Minimum Wage should be raised, Pay Matrix should also be revised, to recommend at least Minimum Guaranteed Pension of 50% of the last pay drawn, Family Pension, and Disability Pension and GPF to all the Central Government Employees. It is unfortunate that, Option No.1, recommended by the 7th CPC for pre-01.01.2016 Pensioners, is also rejected. The Central Government Employees are very much agitated and there is going to be an uncontrollable unrest, hence the Chairman is requested to convey our feelings to the government to avoid a confrontation

(Chairman intervened and assured that he would convey the feelings of the Staff Side to the government).

3. In spite of the Government orders many autonomous bodies have not revised the pay scale of the employees as per 7th CPC and no order is yet issued for revising the pension of the pensioners who retired from these autonomous bodies. These issues needs to be settled by the government.

4. Staff Side demanded to fill-up all the vacant posts and also to sanction additional posts to man additional assets and additional workload without insisting on Matching Saving.

Thereafter, Action Taken Report on the progress/decisions taken on the Agenda Points discussed during last Standing Committee Meeting was taken for discussion. Details are given below-

DISCUSSION ON ACTION TAKEN REPORT

1. No privatization PPP or FDI in Railways and Defence Establishment

The issue will be separately discussed by the Railways and Defence Ministry with the Recognized Federations

2. No Corporatization of Postal Services

Department of Post informed that there is no proposal of Corporatization / privatization at this juncture.

3. Scrap PFRDA Act and reintroduce the Defined Benefit Statutory Pension Scheme

The Chairman stated that, we have to wait for the report of the NPS Committee. However, the Staff Side insisted that, there should be at least Guaranteed Minimum Pension of 50% of the last pay drawn, Family Pension, and Disability Pension.

4. Regularize the existing daily rated/casual and contract workers, and absorb trained apprentices. No labour reforms should be carried out which are not in the interest of workers.

After discussion it was decided that, specific cases, if referred to the DoP&T by the Department/ Staff Side, may be considered. The issue of Gun and Shell Factory Casual Employees would be considered in consultation with the MoD.

5. Revive JCM functioning at all levels as an effective negotiating forum for settlement of demands of the central government employees.

It was assured that JCM Machinery would be activated

6. Remove the arbitrary ceiling on compassionate appointments.

The Staff Side demanded the following:-

a. The arbitrary and artificial 5% ceiling may be removed.

b. Pending the same the 5% vacancies should be calculated on the overall vacancies and not in the vacancies of the particular year.

c. For calculation of vacancies Group B posts also should be taken into account.

d. In the Defence Ministry wards of service personnel are given Compassionate Appointment in the 5% of Civilian Vacancies. However while calculating 5% vacancies, the vacancies of service personnel are not taken in to account. This anomaly may be rectified.

e. Defence Ministry has proposed a onetime relaxation of 5% ceiling considering the large number of pending applications. TheDoP&T has rejected the same. The issue may be reconsidered by the DoP&T

After discussion on the above issues SecretaryDoP&T assured that he would reconsider the whole matter.

7. Ensuring Five Promotions in the Service Career

The Staff Side insisted that MACP should be in the promotional hierarchy and the condition of “Very Good” grading should be removed for granting of MACP

8. Non-implementation of the decision taken in the 46th National Council (JCM) Meeting held on 15t May 2010 with regard to Item No. 20.

The Staff Side stated that in spite of the DoP&T’s direction not to recognize Associations of “Workers”, the Defence Ministry is not implementing the same. After discussion Secretary DoP&T assured that he would discuss the matter with the Defence Secretary and settle the same.

9. Reduction of one day Productivity Linked Bonus (PLB) to the employees of OFB & DGQA under

Department of Defence Production against Cabinet decision and Government orders. Staff Side protested against the arbitrary recovery of PLB days in the case of employees of Ordnance Factories, DGQA, DGAQA and EME. After discussion Secretary DoP&T directed the Department of Expenditure to reconsider the matter and if necessary to put up the case to the Finance Minister for his consideration.

10. Grant of one time relaxation to the Central Government employees who have availed LTC-80 and travelled by air by purchasing Ticket from other than authorized agent.

The Staff Side insisted that the employees who are otherwise not eligible for entitlement of air traveling, have purchased flight tickets from other than authorized agents due to their ignorance of rule position should not be punished by imposing recovery of the entire LTC amount etc. Therefore to settle the matter once for all a onetime relaxation may be given to such employees. After discussion it was decided that DoP&T may reconsider the whole matter.

11. Grant of House Rent Allowance to the employees who have vacated government quarters.

The Staff Side insisted that NAC should not be a pre condition for grant of HRA to those employees who vacate the government quarters. After discussion it was decided that the Directorate of Estate and Department of Expenditure would consider the matter.

12. Restoration of interest-free advances withdrawn by the Government based on 7th CPC recommendations.

The Official Side assured that, the demand of the Staff Side would be conveyed to the government.

13. Grant of entry pay recommended by 6th CPC to the promotees under the provisions of CCS(RP) Rules- 2008.

The Staff Side stated that the decision taken in the National Anomaly Committee meeting in this regard was not accepted by the finance ministry and at present the Principle Bench CAT New Delhi and the CAT Madras Bench has given judgment in favour of the employees and hence the Department of Expenditure may reconsider the matter. After discussion it was decided that the Department of Expenditure would reconsider the matter.

14. Grant of 3rd MACP in GP Rs.4600 to the Master Craftsmen (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs.4500- 7000 as on 31/12/2005.

After discussion it was decided that DoP&T will refer the matter to Department of Expenditure recommending to reconsider their earlier decision of rejection since the demand is in conformity with the rules on ACP/MACP.

15. Carrying forward of Earned Leave by Defence Industrial Employees on transfer/ appointment from non Industrial to Industrial Establishment.

DOPT has agreed with the demand and their decision would be conveyed to MOD after receipt of the proposal from Defence Ministry in this regard.

16. Reimbursement of actual medical expenditure incurred by the employees in recognized hospitals.

CGHS rates are under revision and the same would be issued soon.

17. Dental Treatment in private hospitals recognized under CGHS / CS(MA) Rules, 1944 for CS(MA) beneficiaries.

CGHS vide their OM dated 5th April 2017 has informed that the requirement of no objection certificate has been dispensed with vide OM No. S.14025/41/2015-MS dated 7.12.2016.

18. 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 demand is under consideration ofDoP&T in consultation with the Department of Expenditure

19. 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 (25.7.2016) in case of employees whose promotion becomes due after 25.7.2006.

The issue is under consideration of Department of Expenditure and a decision would be taken soon.

20. Fill up all vacant posts including promotional posts in a time bound manner.

DOPT is framing a fresh calendar for holding DPC and effecting promotions which will enable to fill up the promotional Posts in a time bound manner. Instructions will be issued very soon.

21. Abolish and upgrade all posts of Lower Division Clerks (LDCs) to Upper Division Clerks(UDCs)

The Staff Side demanded that the LDC post may be merged with UDC and MTS may be promoted directly to UDC. DoP&T agreed to consider the demand.

Due to paucity of time, new agenda points, given by the Staff Side, was not taken up for discussion. It was decided that the Action Taken on the New Agenda Points would be communicated to the Staff Side and a meeting would be thereafter convened to discuss these items.

Cabinet approves revision of pension to pre 2016 pensioners

The Cabinet approved modifications in the recommendations of the 7th CPC relating to method of revision of pension of pre-2016 Pensioners and Family Pensioners based on the suggestions made by the Committee, chaired by Secretary(Pensions), constituted with the approval of the Cabinet. While approving implementation of the 7th CPC recommendations on 29th June, 2016, the Cabinet had approved the changed method of pension revision recommended by the 7th CPC for pre-2016 pensioners, comprising of two alternative formulations, subject to the feasibility of the first formulation which was to be examined by the Committee. In terms of the Cabinet decision, pensions of pre-2016 pensioners were revised as per the second formulation multiplying existing pension by a fitment factor of 2.57, though the pensioners were to be given the option of choosing the more beneficial of the two formulations as per the 7th CPC recommendations. In order to provide more beneficial option to the pensioners, Cabinet has accepted the recommendations of the Committee, which has suggested revision of pension based on the information contained in the Pension Payment Order (PPO) issued to every pensioner. The modified formulation will be beneficial to more pensioners than the first formulation recommended by the 7th CPC, which was not found to be feasible to implement on account of non-availability of records in a large number of cases and was also found to be prone to several anomalies.

Sincerely Yours

(Shiv Gopal Mishra)

Secretary (Staff Side)

National Council (JCM)

NCJCM Letter

Read More

Central Government Staff Side JCM Meeting with on 3rd May 2017 – Agenda

Central Government Staff Side JCM Meeting with on 3rd May 2017 – Agenda - Click here to view

Read More

Minutes of the Departmental Council (JCM) meeting held on 20.12.2016 under the Chairpersonship of Secretary (Posts)

Click here to view minutes

Read More

Departmental Council (JCM) Meeting

Departmental Council (JCM) will be held on 20-12-2016 at 11.00 A.M. under the Chairmanship of Secretary (Posts).

Government of India

Ministry of Communications & IT

Department of Posts

(SR Section)

No. 06/03/2015-SR Dated 30th November, 2016.

Subject: Notice for the next Departmental Council (JCM) meeting in the Department of Posts.

The meeting of the DepartmentalCouncil (JCM) will be held on 20-12-2016 at 11.00 A.M. under the Chairmanship of Secretary (Posts) in G.P. Roy Committee Room, 2nd Floor, Dak Bhavan, New Delhi.

Please make it convenient to attend the meeting. The meeting will be followed by lunch.

-sd/- 

( K. Mathivanan)

Director (SR & Legal)

Staff Side:

1. Shri R.N. Parashar

2. Shri D. Theagarajan

3. Shri Giri Raj Singh

4. Shri D. Krishna Rao

5. Shri P. Suresh

6. Shri T.N. Rahate

7. Shri J. Ramamurthy

8. Ms. R. Seethalakshmi

9. Shri Subhash Chakravarthy

10. Shri Pranab Bhatacharjee

11. Shri T. Satyanarayana

12. Shri N. Ramappa

13. Shri P.K. Muralidharan

14. Shri Dharam Pal Sharma

15. Shri Shivkant Mishra

Read More