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
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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.
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