MACP JOINT COMMITTEE MEETING ON ANOMALIES

Circular No.12

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Website:www.confederationhq.blogspot.com. Email:Confederation06@Yahoo.co.in
Tel: 011-2510 5324: Mobile: 98110 48303

Conf.No.12/2010
Dated 25th May. 2010

Dear Comrades,
A joint Committee on MACP met today under the chairmanship of Joint Secretary Establishment of DOPT. Following issues were discussed:

1. Item No:1:Provide Grade Pay of the next promotional post under MACP.
Staff Side pressed for placement in the Grade Pay of the Promotional Post instead of next higher Grade Pay in the hierarchy of revised Pay Band and Grade Pay. It was insisted because the career progression only means the promotion in the hierarchy and not to a Grade Pay which is not present in the hierarchy of the respective department.

The Staff Side also gave an alternative that first two MACPs after 10 and 20 years should be to the next promotional post as per the hierarchy of respective department as under the erstwhile ACP scheme and thereafter the third MACP in the next Grade Pay of the Revised Pay Band and Grade Pay.

2. Item No:2:Date of Effect.
It was demanded that MACP scheme may be introduced with effect from 1.1.2006. A scheme which has been recommended by the 6th CPC will be not available to those employees who have opted for revised pay scales w.e.f. 1.1.2006 but had retired or died before 1.9.2008, which is very anomalous.

3. Item No:3:Option for earlier ACP Scheme.
Staff Side pointed out that the benefit which employees were getting through two ACPs after 12 and 24 years of service is much higher than the benefit that they will get under MACP after three financial upgradations. It was therefore urged that the service conditions which were available to the existing employees cannot be adversely revised and if that happens then an option to retain the old scheme is inherent. And if the present MACP is not converted to hierarchical pattern, then at least an option may be given to retain the erstwhile scheme of ACP.

4. Item No:7:Grant of financial upgradation between 1.1.2006 and 31.8.2008.
In Para 9 of the DOPT OM dated 19.5.2009, it had been provided that earlier ACP scheme will continue to operate for the period from 1.1.2006 to 31.8.2008. However, this is not being allowed to officials who have opted for revised Pay Band and Grade Pay with effect from 1.1.2006. In some offices, it is being insisted that financial upgradation under the earlier ACP would be granted only in the pre-revised pay scales and they will have to opt for the revised pay scales only from the date they are granted the financial upgradation under earlier ACP. It was demanded that earlier ACP benefit may be given also to those officials who have come over to the Revised Pay Band and Grade Pay with effect from 1.1.2006.

5. Item No:8:Anomaly on introduction of MACP Scheme.
By an illustration in respect of Junior Engineer of CPWD, it has been pointed out that under earlier ACP they will go up to the revised Pay Band 3 with Grade Pay of 6600/- on completion of 24 years of service, whereas under the MACP Scheme, even after 30 years of service and getting third MACP they will get the Grade Pay of 5400/- only in PB-2. This is obviously less advantageous and therefore the demand for option to retain the old ACP scheme has been insisted.
The Official Side indicated that they will consider all these demands and in the next meeting they will indicate how far they can go.

6. Item No:4: Applicability of MACP Scheme to Group D employees who have been placed in the Grade Pay of 1800/-.
The DOPT had already stated that all promotions and upgradations granted under ACP Scheme of 1999 in the post of four pay scales S-1, S-2, S-3 and S-4 shall be ignored for the purpose of MACP. In other words all the three MACP will be available to all the Group D employees who have since been placed in the grade pay of 1800/-. If an employee has completed 10 years of service he should be granted the GP of 1900/-; if completed 20 years of service he should be granted the GP of 2000/-; and if he has completed 30 years of service he should be placed in the GP of 2400/-. In some departments these MACP has not been granted to the Group D employees. The staff side therefore insisted an enabling clarificatory instructions may be issued. The Official Side agreed to issue such clarificatory instructions.

7. Item No:5: Counting 50% of service rendered by Temporary Status CLs for reckoning 10,20, and 30 years of service under MACP scheme.
It was pointed out that the Railways have already issued orders for counting 50% of service rendered by Temporary Status Casual labourers for reckoning 12 and 24 years of service under the old ACP scheme. It was also pointed out that Courts have also ordered that total service rendered as TS CLs may be counted for the purpose of ACP. The Official Side were of the opinion that 50% of service rendered by TS CLs has been counted only for the purpose of pension. The Staff Side pointed out that the TS CLs have been granted all the facilities admissible to a Temporary Employee in respect of leave, increment, pay scale etc and therefore this may be deemed as a regular service for the purpose of MACP also as has been done by the Railways. The Official Side wanted the order of the Railway Department regarding ACP and the Orders of the Courts for their examination.

8. Item No:6: Supervised staff placed in higher Grade Pay than that of the supervisor.
The Staff Side suggested that this item may be transferred to National Anomaly Committee item and discussed there. This has been agreed to.
There are 23 more items which have been suggested by the Staff Side leaders of Railways. It was pointed out that leaders of other departments may also suggest many other anomalies related to MACP. The Staff Side stated that as and when these additional items are received they may be included in the Agenda for discussion in the subsequent meetings. The Official Side agreed to.

NOTE: All Affiliated Unions / Associations of the Confederation may send items of anomalies of MACP to the headquarters at the earliest for enabling inclusion in the next meeting. The Official Side indicated that the next meeting of the Joint Committee will be held very soon.

Comradely Yours,
K.K.N.Kutty
Secretary General

Circular No.11

CONFEDERATION OF CENTRAL  GOVT. EMPLOYEES & WORKERS. A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Website:www.confederationhq.blogspot.com.  Email:Confederation06@Yahoo.co.in Tel: 011-2510 5324:  Mobile: 98110 48303

Conf No. 11/2010

Dated: 18^th May, 2010

 

 

Dear Comrade,

 

            The 46^th meeting of the National Council, JCM was held today at Rail Bhawan, Conference hall under the Chairmanship of Shri K.M. Chandrasekhar, Cabinet Secretary. The 45^th meeting was on 14^th October, 2006. The 46th meeting was thus held after two and half years, whereas the provisions of the JCM stipulate that the meetings are to be convened once in every four months. i.e. three meetings in a year. 

 

The Chairman welcomed the members and stated that there had been a long delay in convening the meeting.  However, he said that the Government had been interacting with the staff side frequently and cited the meeting of the Standing Committee had with him immediately after the 6^th CPC recommendations were notified; convened the Standing Committee thereafter under the Chairmanship of the Secretary, Personnel; Government issued orders on the recommendations of the 6^th CPC in record time, and ensured that the Anomaly Committee is set up without much loss of time and discussions were held with the Staff side twice in the Anomaly Committee and has agreed to set up a small committee to look into the problems of the MACP.  He also stated that the Government's endeavour to resolve the disputes and problems faced by its employees through mutual discussion would continue with a view to maintain cordiality. He then requested the Leader and Secretary, Staff Side to make their initial remarks before the Agenda is taken for discussion.

 

The Leader, Staff Side thanked the Cabinet Secretary and the  Government for taking expeditious decision on the 6^th CPC suggestions and expressed his gratitude for his intervention to make improvements in the recommendations of the Commission. However, he touched upon the following issues seeking a resolution;

 

(a)    Child Care leave.  The clarificatory orders issued by the government have in effect nullified the benefit extended to the Women employees by the Commission and the Cabinet.  He wanted the clarificatory orders in this regard to be rescinded.  He added that if the Government has any practical difficulties in implementing the orders issued in this regard, the same may be discussed with the Staff Side. He assured the Cabinet secretary that the Staff Side will take a very constructive attitude in the matter. 

(b)    Children Education allowances.  He said that the allowance has been restricted to two eldest surviving children. He wanted the Govt. to reconsider this matter.

(c)    The MACP scheme is supposed to be an improvement over the ACP which was in vogue.  However in view of the promotion to the next grade pay stipulated in the new scheme, it has turned out to be less advantageous to many employees.  He hoped that the Sub Committee would look into the matter and resolve the issue to the satisfaction of the employees.

(d)   The new concept of Pay band and Grade Pay has created a situation in which the Senior Persons would be drawing lesser pay than their juniors.  This matter has been the subject matter of discussion at the Anomaly Committee meeting.  Though the Railways by issuing an order have partially set right this anomaly, the issue has not been fully addressed.  Since this has created resentment amongst the employees, he wanted the Govt. to look into this matter and resolve the issue.

(e)    Normally after every Pay Commission Govt. used to raise the income taxable limit. This was not done this time, with the result even the low paid employees have come within the ambit of taxation.

(f)     The inordinate delay in convening the National Council and Departmental Councils was pointed out and requested that steps are needed to ensure that the meeting do take place within the stipulated periodicity.

 

The Staff Side Secretary while speaking raised the following issues for consideration and resolution.

 

(a)    He said that the harmonious relationship could only be maintained with a continuous dialogue.  The JCM was conceived with that idea.  Initially the employees were against the idea of JCM but at the insistence of the then Home Minister, they had agreed and the track record has shown that it has helped in maintaining industrial peace in the Governmental sector. He therefore pleaded that the Council meetings should be convened within the stipulated period of time.  He added that most of the Departmental Councils have become defunct and anomaly committee were not being set up at that level with the result all items of anomaly which are normally to be addressed at the Departmental levels were being referred to the National Council.  He pleaded that the Govt. should take a serious view of this matter and ensures that the Departmental Councils of all Ministries are periodically convened and the National Council apprised of the functioning of the Departmental Councils as it used to be done in the past. 

(b)   Arbitration Awards.  Arbitration was inbuilt in the JCM scheme.  Issues on which agreements could not be reached are to be referred to the Board of Arbitration.  Both the Parties are supposed to abide the decision of the Arbitrator.  The Govt. is vested with the power of referring the Parliamentary approval for rejection of the awards on certain specific circumstances like the expenditure on implementation of such awards would have a serious deleterious effect on the economy of the country.  Of late the government had been referring every award to the Parliament for rejection.  Even though it was agreed that such reference would be intimated to the Staff Side well in advance, the same had not been adhered to. He added that recently he was informed of such a rejection of an award being considered by the Parliament on 4^th May, 2010. The Staff side was informed of this only on 3^rd May, 2010.  It was agreed at the National Council that all such awards which had been referred to the Parliament would be recalled and subjected to negotiation with the Staff Side.  Two or three rounds of discussions were held with the Staff Side.  But no conclusions were arrived at despite the Staff Side agreeing for the modification of these awards.  He, therefore, wanted these awards to be re-subjected to further negotiations and decisions taken by mutual consent.

(c)    DOPT has issued recently questionnaire on the functioning of the JCM.  The members of the Staff Side had given reply to the said questionnaire. In the light of that he suggested to set up a joint committee to review the scheme with a view to improve its functioning.

(d)   The Grade Pay and Pay band system introduced by the 6^th CPC for improving the productivity of Government Services was a revolutionary concept and the same had not been fully grasped by the employees. Therefore, all the grievances that arise from the implementation of the 6^th CPC had not been catalogued and presented at one go.  He requested that the Govt. should continue to consider the problems of the employees as and when it is presented.

(e)    He said that the recommendation of the 6^th CPC was to double all the allowances. He complained that the Government has not done this in some cases for one reason or the other. What is needed is to double this allowance and then work on alternatives.  As and when the alternatives are worked, this allowance could be withdrawn. He then enquired about the delay in revising the Medical Allowance for outpatient treatment for pensioners.  The Official side intervened and said that  the said allowance would be revised to Rs. 300 p.m. and the orders would be issued soon.  The entire Staff Side resented this decision in the light of the fact that even the Health Ministry's suggestion was to raise it to Rs. 500/-.on the basis of the per capita OPD expenses.

(f)     He then referred to the orders issued by the Government to the effect that future promotion to the cadre of LDC would only be from among those who are qualified in the XII Std. Examination.  He said that while this could be a stipulation for future recruitees, it cannot be applied for the existing employees as it would be impossible for them to acquire the said qualification.

(g)    Even though the fast Track committee has done a commendable job in the case of Master Craftsmen, the same has not been implemented in Defence so far.

(h)    He wanted the Govt. to waive the bonafide transport allowance granted to the employees of Lucknow and Jaipur which has been ordered to be recovered on the basis of the audit objection, especially in the background that in the case of those who had gone to the Court, the relief has been granted. 

(i)      He specifically drew the attention of the official side to the letter the Staff Side had written in the case of those Group D employees died or retired before getting the benefit of training and assignment of Grade pay of Rs. 1800.   He wanted them to be treated as deemed to have been trained and benefit of Grade pay of Rs. 1800 extended to them with effect from 1.1.2006

 

The Chairman, responding to the points made out by the Secretary and leader stated that the same has been noted and necessary action would be taken by the Govt. and communicated.  In the case of convening the Departmental Council meetings, he said that he would write to All Secretaries of the Govt. of India to immediately convene the Departmental Council meetings/Anomaly Committee meeting.   

 

The agenda items were taken up then for discussion.  We give hereunder the decisions taken on each of the items that came up for discussion.

 

Item No.1. Reimbursement of Ayaa charges – delegation thereon: Agreed. Orders issued.

Item No.2. Reimbursement of expenditure towards implantation of special types of stents like cipher stent etc. in case of CS(MA) beneficiaries – delegation thereon:. Orders issued delegating powers to the HODs

Item No.3. Pathological and diagnostic procedures: Diagnostic centres identified and recognized for the City of Jaipur.

Item No. 4. Grant of FMA in lieu of out door treatment facilities. The facility of extending FMA benefit to CGHS Card holders who are beyond the age of 70 would be considered.  It was also stated that the Govt. would be issuing orders shortly raising the FMA from Rs. 100 to 300 for all pensioners covered under CSMA rules.

Item No.5.Relocation of one CGHS dispensary in Wadi area under the jurisdiction of Municipal Corporation Nagpur.  Decision in the matter would be taken soon.

Item No. 6. Specialized consultation in PU hospital like Ispat Hospital, HEC Hospital and CCL Hospital, Ranchi.  The matter is under consideration to permit the CGHS beneficiaries to avail the treatment in the above mentioned hospitals subject to an overall ceiling.

Item No. 7. Supply of free diet to employees and their dependant under treatment for TB Leprosy, Mental, Illness, Cancel and HIV/AIDS, Renal Dialysis therapy, Thalsaema.  Orders issued.

Item No. 8. Sanction of incentive allowance to Central Government employees working in extremists infested areas. Not agreed.

Item No.9 Declaration of Gandhinagar as Link City of Ahmedabad. Final decision by the next meeting.

Item No. 10. Up-gradation of Jamnagar as B.2. Town with effect from 14.2.2006. The Department of Expenditure will reconsider the matter.

Item No.11. Up-gradation of Bangalore City with effect from 16.1. 2007. The Department of Expenditure will reconsider the matter.

Item No.12. Anomaly in fixation of revised pension.  Not agreed.

Item No.13. Eligibility of Family pension to Widow/Divorcee Daughter/unmarried Daughter who are now eligible for payment of family pension for inclusion of names in PPOs issued much earlier.  Govt. will issue a general clarification order soon.

Item No.14. Grant of family pension in case of Missing Pensioners after two months.  Instead of two months, Govt. has agreed to reduce the period to 6 months.

Item No.15. Grant of half day casual leave facility for industrial employees.  It was agreed that the condition imposed in the order would be removed.

Item No. 16. Relaxation of Upper age limit for departmental candidates for appointment to Group C Posts. In the light of extension of superannuation age to 60 years, the upper age ceiling for this purpose would be raised by two years.

Item No. 17. Rate of Stitching charge of liveries requires to be increased. Agreed to be considered and raised in 2011.

Item No.18. Casual labourers (Grant of Temporary Status and Regularization) scheme- on implementation of. The matter is under consideration.

Item No. 19. Restricted holidays for Industrial workers. Not agreed to.

Item  No. 20. Applicability of CCS(RSA)Rules 1993 to the workers employed in Defence Establishments. The Defence Ministry will seek legal opinion and would take appropriate decision.