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 46th Meeting 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 Side
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