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  • Wednesday 30 August 2017

    7th CPC Minimum Pay - Rs. 19670 and uniform multiplication factor - 2.81 at all levels - Notes submitted by JCM

    National Council (Staff Side)
    Joint Consultative Machinery
    for Central Government Employees
    13-C, Ferozshah Road, New Delhi - 110001
    No.NC-JCM-2017/7th CPC /Fin 
    August 14 2017
    The Additional Secretary,
    (Sh. Pramod Kumar Das)
    Government of India,
    Department of Expenditure,
    Ministry of Finance,
    North Block, New Delhi
    Dear Sir,
    We write this with reference to the discussions the staff side had with you on 21st July, 2017,when the official side explained the various recommendations of the Allowances Committee and the Government's decisions thereon. It is however, our considered opinion that the said allowances committee did not consider various submissions made by the Staff side both orally and in writing especially on those allowances, which has a universal application. Had it been really addressed, the reduction in the transport allowance in the case of employees in the lower strata of hierarchy would not have happened. No justification had been advanced by the 7th CPC for the reduction of the House rent allowance rates by a universal 0.8 factor. The Committee has also not enlightened us as to how the said factor had been applied while making cosmetic changes in the rates. The Committee did not consider the following glaring and untenable and incorrect conclusions of the 7‘h CPC despite that the Staff Side pointed out it in their written submissions.
    (i) The house rent allowance is one such allowance which is not cost indexed. As on 1.1.2016, the date on which the pay was revised, the DA stood at 125%. What justification could be offered to reduce the rates by 0.8%is inexplicable. By deferring the date of revised allowance by 18 months, i.e. with effect from 1.7.2017, the Government has enormously gained financially. The actual financial outflow on account of the revision of pay and allowances has thus become less than even what was projected by the 7th CPC. The Committee should have known that on all previous occasions, where the date of effect of pay and allowances had differed, the Govt. had granted Interim Relief and merger of DA. No such decision had been taken by the Government, prior to the setting up of the 7th CPC. Even the precedence on which the committee wrongly relied upon, had been set aside by the Board of Arbitration, not once but twice.
    (ii) The cosmetic changes effected in the rates of HRA which is published to have benefited about 7.5 Iakhs employees is not correct but exaggerated.
    (iii) The Committee's decision to retain some of the department specific allowances was on the suggestion made by the concerned heads of departments. The Staff side view had not been considered at all.
    (iv) The Pension committee’s recommendation to reject Option No. 1 on the ground of infeasibility is further reflective of the attitude of the Government towards the employees and pensioners.
    On 30th June, 2016 the staff side had a meeting with the group of Ministers headed by Shri Rajnath Singh, the Honourable Home Minister, when an assurance was held out to revisit the computation of the Minimum wage and multiplication factor. We were informed that the Committee headed by you would consider as to how the assurance could be implemented. Despite three rounds of meeting with you, nothing tangible in this regard has happened. In our earlier submissions we had pointed out with facts and figures as to how the 7'h CPC erred in their computation of the Minimum wage and how could never be less than Rs.26000 as on 1.1.2016. We are afraid that the repetition thereof would not serve any purpose. However, as desired by you, we give hereunder certain glaring, iniquitous and unjustified factors, the rectification of which could be the least the Government could do while revisiting the computation of Minimum wage and multiplication factor.
    1. Dr. Aykhroyd formula does not speak of any averages. The commodity prices of a particular date is to be taken into account for the computation of minimum wage as on that date. Since the pay is cost indexed, the fluctuation in prices of commodities in future is taken care of by grant of dearness allowance. The 7th CPC took the average prices of various commodities between 1.7.2014 to 30.6.2015 to compute the minimum wage. This is clearly impermissible. If this error alone is set right, the minimum wage shall work out at Rs. 19294 and the MF at 2.76 (See Annexure 1)
    2. The 7th CPC reduced the housing component by 4.5%. This was in line with the computation formula adopted by the 6tth CPC. Such reduction on the specious plea that Central Government employees are given HRA separately was ostensibly incorrect as the quantum of HRA provided for is insufficient to meet the expenses incurred by an individual employee for hiring an  accommodation. The point however, we would like to mention is that the 7th CPC did not notice that the 6th CPC had increased / retained the rate of HRA whereas the 7th CPC for no valid reason reduced all the three rates by a uniform factor of 0.8. The said decision reduced the HRA in metro cities by 6% in classified cities by 4% and in unclassified towns by 2%. Averaging out to 4%. It must be in the fitness of things, that the unwarranted reduction of housing component is restored especially in the background of the Allowance Committee refusing to restore the erstwhile rates. The computation of the minimum wage if this correction is carried out would be as in annexure 2. The minimum wage would then work out to Rs. 20232 and the multiplication factor at 2.89. This is when the commodity price is taken not as the average for 12 months but the actual price as on 1.7.2015.
    3. The Honourable Supreme Court had directed that 25% must be added to arrive at the actual minimum wage in order to enable the employees to meet out various social obligations. Children education was on of the minor components of the social obligations mentioned by Supreme Court. When the Supreme Court delivered its verdict, education in the country was in the public domain and was almost free up to the secondary level. The advent of the neo liberal economic policies, imparting education to the children has become one of the costly affairs. The reduction effected by the 7th CPC to the extent of 10% attributable to children education is totally unjustified and in our opinion even amounts to non adherence to the supreme Court directive in the matter. If this error is rectified, the Minimum wage would be Rs. 21873 (MF 3.12) , the commodity prices being Rs. 9885 (actual as on 17,2015) and would be Rs. Rs. 20391 if computation is done on the basis of the average of the commodity prices as was done by the 7thCPC. The MF In the said two cases would be 3.124 and 2.913 respectively. (See annexure 3 and 3A).
    4. The 7th CPC has adopted the family at 3 Units. This is no doubt in consonance with Dr. Aykhroyd formula. The family is taken consisting of husband, wife and two children, value assigned being 1+,O.8,+O.6,+O.6. In the present day society to assign a lower value for women is a misplaced and outdated notion. The gender equality demands that the family unit must be taken at 3.2. ( 1+1+0.6+0.6) Two workings are given in Annexure 4 and 4A. In annexure 4 commodity price is what it should be i.e. the actual prices as on 1.7.2015 and in annexure4 A the same is what is taken by the 7th CPC. The minimum wage in Annexure 4 shall be Rs. 19981 (MF2.94) and in the latter case the MW shall be Rs. 19193 and the MF at 2.74) Please see annexure 4 and 4A for detailed working.
    The 6th CPC while formulating the Pay band and Grade pay system had applied varying multiplication factors to create the four pay bands. They had relied upon the same argument that the skilled workers are entitled to have better pay packets than the unskilled or semi skilled labourers. The 7th CPC has advocated the same theory to apply varying Multiplications factors for creating pay levels. The successive application of different multiplication factors has disturbed the vertical relativity and if this theory is perennially adopted in the construction of pay scales the present equilibrium will be drastically altered. The ratio between the minimum and maximum pay in Government sector has been widening ever since the 5th CPC recommendations were adopted. The 7th CPC has relied upon the private sector wage pattern for justifying this practice. On quite a number of occasions, the previous Pay Commissions had advocated against the wage determination in Government and Public Sector on the basis of the fair wage comparison with the private sector as the functions and assigned responsibilities and objectives are essentially incomparable. Large scale contractorisation and outsourcing have already come into stay in Governmental organizations with consequent suppression of wages at the levels of semi skilled and unskilled levels. We are not presently on the ethical aspect of this unfair practice, which a welfare Government ought not have indulged in. We are to state that by application of different multiplication factors (i.e. Upto pay level 5 =2.57, pay level 6-9=2.62,Level 10-13A=2.67, Level 14-16 =2.72,Level 18:2.78 and level 17:2.81. By applying the multiplication factor at 2.81 for the Secretary level officers, the 7th CPC tacitly admitted that the minimum wage should not have been less than Rs. 19670. (i.e. 2.81 x 7000 = 19670) 
    In this connection we would also like to bring to you notice that the Government has now unilaterally altered the multiplication factor and Pay matrix in respect of Level 13 from 2.57 to 2.67. Assigning a lower multiplication factor to the officers of level 13 appears to be a conscious decision of the 7th CPC as the Government’s executive order in 2008 to place the staid level of officers at a higher level had disturbed the then existing vertical relativity in the Governmental hierarchy. It is, therefore, the considered opinion and suggestion of the staff side that the Government must come forward to apply the uniform multiplication factor of 2.81 at all levels both for the construction of the pay levels as also for the pay fixation in the new Pay levels for the existing employees. If our suggestion is accepted, the Minimum wage would be raised to Rs. 19670 with the multiplication factor at 2.81.
    We request you to kindly convene a meeting of the staff side to cause discussions on the above submissions and arrive at a mutually acceptable conclusion.
    Thanking you,
    Yours faithfully,
    Shiv Gopal Mishra.
    Secretary

    Tuesday 29 August 2017

    FROM THE MEETING ORGANISED BY CGDA WITH PENSIONERS

     The meeting was chaired by JS (ESW), Additional CGDA, PCDA (P), Brig Rao from Pay Commission Cell, and One Vice Admiral.
    1. Circular 568 Wrong Fixation - point was discussed in length and CGDA in the last said that we are just implementing authority. ( in another words they given an indication to knock the door of the court to get relief).
    2. Non Implementation of Govt orders for Enhanced Rate of Family pension age limit from 65 to 67. - Rajeev Behal has given the live proofs by submitting his own Corrigendum Ppo of 6th CPC,, CGDA replied that they will look into and necessary orders will be issued and all the widows who were deprived of their entitlement will be paid with arrears.
    3. Errors in OROP Tables - Errors were shown in person to CGDA and PCDA (P), and they asked us to meet separately and will be discussed on each table and will be rectified.
    4. Revision of Disability Pension and 7th Cpc second option - JS (ESW) informed the house that both the files are completed in all respects and are pending with Defence Minister, and hopefully by next week letters will be issued for these two issues.
    5. Development of Software to issue pension correctly as per rules and on time - This point was raised by Rajeev Behal during under payment of pension to many pensioners and widows. Since it is the duty of Govt to pay correct pension and a blame just cannot be thrown on banks. On this CGDA and JS(ESW) informed that, tenders are already flotted, today and will be implemented by next year. And even customer/ pension care centers will be setup.
    6. Issue of PPOs under 7th Cpc - CGDA replied they are working and e-ppos will be issued and can be downloaded from the website once government orders are issued.
    7. On Payment of Interest for Late payments by DPDO - they were not able to answer and deliberately they changed the topic to escape, by saying once digitisation will be done this kind of problems will eliminate.
    8. Audit of Pensions- This point was raised by Rajeev Behal and asked them how, Audit Cards system which is mentioned in Office Manual of CGDA has been discontinued and what is the new system. CGDA were astonished to listen this, once question on thier internal working was raised and they quickly scrolled to next slide. And later during lunch, he said me, Sir, you are asking to fix responsibilities and questing something beyond his powers.
    9. War Widows- Pension case was raised by Capt Liyakat Ali, and CGDA, assured once we will be given time to discuss OROP this also will be discussed. It was also apprised to JS (ESW) that wrong tables are effecting our pension under 7th cpc too.
    10. One Man Judicial Commission Recommendations and Implementation - CGDA informed that thier office and DESW is working on the same and this will see the day light soon.
    11. Issue of master circular - Arjun Singh ji suggested that whenever a revision is taken place, a master circular should be issued which should show previous entitlement and new entitlement.
    12. And many issues were later raised with CGDA staff by Liyakat Ji regarding Hony NB SUB, and Hony Lt & Hony Capt.

    Friday 25 August 2017

    AFFECTED VETERANS MAY REFER THE FOLLOWING AFT JUDGEMENTS FOR RESERVIST PENSION

    Those veterans who were discharged before 15 years of regular service with reserve liability & have completed 15 years from the date of enrollment inclusive of both regular & reserve period are eligible for reservist pension as per the following AFT Judgements.How ever the judgements are applicable to the petitioners only.The affected veterans are advised to take legal opinion from advocates practicing  in AFT for pursuing their case.
    1)AFT Chennai Judgement Related image
    2)AFTChennai Judgement Related image
    3)AFT Chennai JudgementRelated image

    Thursday 24 August 2017

    Ref/NFOESM/7thCPC/110/2017             24/08/2017
    Shri. Narendra Modi,
    Hon. Prime minister

    Dear Sir,
    The under mentioned News Item appeared in “The Hindu” shows the approach of Department of Ex-servicemen Welfare, Ministry of Defence, towards the welfare of  Ex-servicemen of the Nation.
    NEW DELHI, August 24, 2017
    Updated: August 24, 2017 05:12 IST
    File on defence allowances yet to be cleared
     The Defence Ministry is yet to clear the file on allowances and revised pensions for military personnel under the Seventh Pay Commission, almost two months
      after they were approved by the Union Cabinet, official sources said.
    “The Defence Ministry is yet to clear the file and then forward it for approval of the Finance Ministry. This includes disability pension, revised pension for those retired January 1, 2016 and allowances,” a senior official told The Hindu .
    They have already been implemented for civilian employees in the government “over a month ago”, the official stated. The Union Cabinet had approved the recommendations in June-end and the gazette notifying them was issued on July 6. Based on this, various ministries were supposed to issue orders implementing the revisions.
    It has been learnt that the file is pending with the Department of Ex-Servicemen Welfare.
    “There is no accountability. The files have not been sent till now,” an official said.
     The entire Babudom has become Lethargic in the absence of a full time defence minister,
    Kindly intervene immediately by your esteemed PMO office & issue instructions to MOD,DESW to clear the pending file pertains to serving & Ex-servicemen.
    Yours Faithfully
    MOHANARANGAN
    SECRETARY GENERAL
    NATIONAL FEDERATION OF EX-SERVICEMEN
    nfoesm@gmail.com

    Status as on 24 Aug 2017
    Registration Number:PMOPG/E/2017/0466997
    Name Of Complainant:MOHANARANGAN The Secretary General
    Date of Receipt:24 Aug 2017
    Received by:Prime Ministers Office
    Officer name:Shri Ambuj Sharma
    Officer Designation:Under Secretary (Public)
    Contact Address:Public Wing


    5th Floor, Rail Bhawan


    New Delhi110011
    Contact Number:011-23386447
    e-mail:ambuj.sharma38@nic.in
    Grievance Description

    Current Status:RECEIVED THE GRIEVANCE

    Return to frontpage

    NEW DELHI, August 24, 2017

    Updated: August 24, 2017 05:12 IST

    File on defence allowances yet to be cleared

     The Defence Ministry is yet to clear the file on allowances and revised pensions for military personnel under the Seventh Pay Commission, almost two months after they were approved by the Union Cabinet, official sources said.
    “The Defence Ministry is yet to clear the file and then forward it for approval of the Finance Ministry. This includes disability pension, revised pension for those retired January 1, 2016 and allowances,” a senior official told The Hindu .
    They have already been implemented for civilian employees in the government “over a month ago”, the official stated. The Union Cabinet had approved the recommendations in June-end and the gazette notifying them was issued on July 6. Based on this, various ministries were supposed to issue orders implementing the revisions.
    It has been learnt that the file is pending with the Department of Ex-Servicemen Welfare.
    “There is no accountability. The files have not been sent till now,” an official said.

    BANK DACASE LATEST NEWS

    23.08.2017 100% DA Case (Review Petitions of Canara Bank Pensioners) FLASH from Court Hall 12.
    The SLP (C) 1592/2017, in the Supreme Court was fixed for today at serial No 4.
    The arguments have taken place and the Court has been pleased to reserve judgement.
    The Hon'ble Court asked the IBA to give cost if the 100 DA is allowed to pre 1/11/2002 retirees.
    IBA asked for 15 days time but court allowed only one week time.
    The Hon'ble court has recalled the judgement dated 01.02.2017 suo motto and the parties have been asked to file curative application.
    This the flash of today's proceedings.

    REPLY RECEIVED FROM AIR HQ BY VETERAN SGT KK PRASAD FOR THE FOLLOWING POINTS TAKEN UP BUT SILENT ON MSP TO OTHER RANKS

    Tuesday 22 August 2017

    APPLY FOR NAVY SPECIAL PENSION

    Eligibility
    Before you file your claim for the special pension, please ensure that you fulfill the following requirements:
    A. Have joined Indian Navy on before 3 July 1976
    B. Were released from Indian Navy on or after 3 July 1976.
    C. Have completed 10 years or more service in Indian Navy.
    D. Were not given SNLR by Indian Navy.

     If you fulfill all the above conditions, you are eligible for Special Pension as per Supreme Court Judgement dated 27 Oct 2016.
    Other entries in your IN 271 regarding reservist pension does not matter. Please note that you are applying for special pension and not the reservist pension.

    How to apply :
    We have prepared a draft application which can be downloaded from this link.

    1. Download the draft application from this link.
    2. Fill in draft application with your address and particulars.
    3. You need not to attach any documents.
    4. Send the application to the address given in the draft application preferably by Speed Post.
    5. Keep a photocopy of the application for your records

    Sunday 20 August 2017

    SUPRE COURT RECALLS ITS OWN ORDER AGAINST BANK PENSIONERS & ADMIT REVIEW PETITION

    IN THE SUPREME COURT OF INDIA 
    CIVIL APPELLATE JURISDICTION REVIEW PETITION (CIVIL) NOS. 1592-1594 OF 2017 IN CIVIL APPEAL NO. 3762-3764 OF 2014 
    R. BALAKRISHNA BHAT AND ORS ETC. ….PETITIONER(S) 
     VERSUS 
    BANK OF BARODA & ORS. ...RESPONDENT(S) 
    O R D E R 
    Heard learned counsel for the parties who are present in Court today. 
    We recall the order dated 01.02.2017 in relation to the parties before us and restore the appeals.
    List the appeals for final hearing on 23rd August, 2017. 
               .J. [ADARSH KUMAR GOEL]  
       .J [UDAY UMESH LALIT]
    14TH AUGUST, 2017 


    Thursday 17 August 2017

    PAY MATRIX- PBOR WITH 40 STAGES

    PART A 
    Pay Matrix
    Band 5200-20200 9300-34800
    GP 2000 2400 2800 3400 4200 4600 4800 5400
    Level 3 4 5 5A 6 7 8 9
    1 21700 25500 29200 33300 35400 44900 47600 53100
    2 22400 26300 30100 34300 36500 46200 49000 54700
    3 23100 27100 31000 35300 37600 47600 50500 56300
    4 23800 27900 31900 36400 38700 49000 52000 58000
    5 24500 28700 32900 37500 39900 50500 53600 59700
    6 25200 29600 33900 38600 41100 52000 55200 61500
    7 26000 30500 34900 39800 42300 53600 56900 63300
    8 26800 31400 35900 41000 43600 55200 58600 65200
    9 27600 32300 37000 42200 44900 56900 60400 67200
    10 28400 33300 38100 43500 46200 58600 62200 69200
    11 29300 34300 39200 44800 47600 60400 64100 71300
    12 30200 35300 40400 46100 49000 62200 66000 73400
    13 31100 36400 41600 47500 50500 64100 68000 75600
    14 32000 37500 42800 48900 52000 66000 70000 77900
    15 33000 38600 44100 50400 53600 68000 72100 80200
    16 34000 39800 45400 51900 55200 70000 74300 82600
    17 35000 41000 46800 53500 56900 72100 76500 85100
    18 36100 42200 48200 55100 58600 74300 78800 87700
    19 37200 43500 49600 56800 60400 76500 81200 90300
    20 38300 44800 51100 58500 62200 78800 83600 93000
    21 39400 46100 52600 60300 64100 81200 86100 95800
    22 40600 47500 54200 62100 66000 83600 88700 98700
    23 41800 48900 55800 64000 68000 86100 91400 101700
    24 43100 50400 57500 65900 70000 88700 94100 104800
    25 44400 51900 59200 67900 72100 91400 96900 107900
    26 45700 53500 61000 69900 74300 94100 99800 111100
    27 47100 55100 62800 72000 76500 96900 102800 114400
    28 48500 56800 64700 74200 78800 99800 105900 117800
    29 50000 58500 66600 76400 81200 102800 109100 121300
    30 51500 60300 68600 78700 83600 105900 112400 124900
    31 53000 62100 70700 81100 86100 109100 115800 128600
    32 54600 64000 72800 83500 88700 112400 119300 132500
    33 56200 65900 75000 86000 91400 115800 122900 136500
    34 57900 67900 77300 88600 94100 119300 126600 140600
    35 59600 69900 79600 91300 96900 122900 130400 144800
    36 61400 72000 82000 94000 99800 126600 134300 149100
    37 63200 74200 84500 96800 102800 130400 138300 153600
    38 65100 76400 87000 99700 105900 134300 142400 158200
    39 67100 78700 89600 102700 109100 138300 146700 162900
    40 69100 81100 92300 105800 112400 142400 151100 167800