F.No.11/2/2016-JCA-I(Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel Training
North Block, New Delhi
Dated: 16 February, 2018
To
Shri Shiv Gopal Mishra
Secretary, Staff-Side
National Council (Staff Side)
Joint Consultative Machinery for, Central Government Employees
13-C, Ferozeshah Road, New Delhi-110001
Subject: Minutes of the Meeting held on 11.01.2018
to discuss the admissibility of the agenda items received from the Staff
Side, NC (JCM) for discussion in the National Anomaly Committee (NAC)
for the 7th Central Pay Commission.
Sir,
Please find enclosed a copy of the Minutes of the meeting held under
the Chairmanship of Joint Secretary (Establishment) on Thursday the 11th
January, 2018 at 1500 hours in Room No. 190, conference Room, North
Block, New Delhi with the representatives of Staff Side, NC(JCM) for
information and necessary action.
2. As per discussion in the above meeting, Staff Side may please
reconsider their views on Item No. 7. A copy of the recording during the
meeting enclosed for perusual.
Yours faithfully,
(D.K. Sengupta)
Deputy Secretary to the Government of India
Tel. 23040255
MINUTES OF THE MEETING HELD ON 11.01.2018 TO DISCUSS
THE ADMISSIBILITY OF THE AGENDA ITEMS RECEIVED FROM THE STAFF SIDE FOR
DISCUSSION IN THE NATIONAL ANOMALY COMMITTEE (NAC) FOR THE 7TH CENTRAL
PAY COMMISSION
A meeting was held under the chairmanship of Shri G.D.
Tripathi, Joint Secretary (Establishment), Department of Personnel &
Training with the representatives of Staff Side of the National Anomaly
Committee and senior officers from the other Ministries/Departments
concerned at 3.00 p.m. on 11.01.2018 in Room No. 190, North Block, DoPT,
New Delhi to consider the admissibility of the 18 itmes of anomaly
forwarded by the Staff-Side of the National Council of JCM for
settlement through discussion at the NAC constituted after the Seventh
Central Pay Commission. The list of participants is at Annexure.
2. The Chairman welcomed the representatives of the Staff-Side of the
National Anomaly Committee and asked Deputy Secretary (JCA) to briefly inform the participants the purpose for convening this meeting.
3. Deputy Secretary (JCA) informed that following the acceptance of the recommendations – to the extent they have been – of the
7th Central Pay Commission
by the Government, the National Anomaly Committee has been constituted
by DoPT. Subsequently, on receipt of a representation from the Staff
Side, NC(JCM), the definition of what would constitute an anomaly has
been revised and notified. Therefore, as per the revised scope of
definition, 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 or
the policy enunciated by the Seventh Central Pay Commission itself
without the Commission assigning any reason;
b) Where the maximum of the Level in the Pay Matrix
corresponding to the applicable Grade Pay in the Pay 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;
c) Where the Official side and the Staff Side are of the opinion that
the vertical and horizontal relativities have been disturbed as a
result of the 7th Central Pay Commission to give rise to anomalous
situation.
4. Deputy Secretary (JCA) mentioned that a letter dated
16.08.2017 had been received from Secretary, Staff-Side proposing to
discuss 15 items in the National Anomaly Committee (NAC). Subsequently,
another letter dated 31.08.2017 was also received proposing 3 additional
items. On examining these 18 items against the three (03) yardsticks as
stated in para-3 above, it was felt that while some agenda items
clearly fall within the definition of ‘anomaly’, there are a few which
cannot be termed ‘anomaly’ as such, bordering more, as they are, on the
side of ‘demands’. There are a few more which apparently by virtue of
affecting the interests of one Department should rather be taken up at
the Departmental Anomaly Committee. On sharing the findings of this
Preliminary examination with the Secretary, Staff-Side, a communication
was received from him suggesting inter-alia, besides giving their own
reasons for retaining the same agenda – except one item – for the NAC
deliberations, that a meeting be convened to discuss and finalize the
items so as to to avoid delay in convening the NAC meeting.
5. The Chairman then requested the leader of the Staff-Side and other members to put across their points of view on the issue.
6. The Leader, Staff-Side, thanked the Chairman for
convening the meeting at the suggestion of Secretary, Staff-Side and
initiated the discussion by emphasising that the next meeting of the
National Council under the Chairmanship of Cabinet Secretary should be
held urgently as more than 7 years have passed since the last such
meeting was held. He referred to the background against which the JCM
scheme has been institutionalized and stressed that the purpose of JCM
is to avoid confrontation between the Government and its employees. He
requested that the sentiments of the Staff-Side may be conveyed to the
Cabinet Secretary so that the meeting of the National Council, JCM may
be held without any further delay. He also suggested that the Cabinet
Secretary should meet the Standing Committee of the National Council,
JCM soon after the Republic Day celebrations so that the deliberations
can be be held on all pending issues. The Leader, Staff-Side further
stated that there are many issues arising out of the 7th Central Pay
Commission’s recommendations which are still to be settled to the
satisfaction of the Staff-Side. He particularly mentioned about the
recommendations relating to New Pension Scheme, Minimum Pay, Fitment
Formula, etc.
7. Secretary, Staff-Side also expressed similar views about lack of
interaction between the Official-Side and the Staff-Side. He mentioned
that the institutions of JCM machinery has become defunct and stated
that the meetings of the Standing Committee and the National Council,
JCM should be called without any further delay. He also mentioned that
the Group of Ministers had met the staff representatives and given some
assurances for favourable consideration regarding the Minimum Pay and
Fitment Formula. But even after 1-1/2 years, no decision has been
conveyed by the Government. He regretted that inspite of the report
submitted by NPS Committee, nothing fruitful has been done for bringing
new pensioners under defined and guaranteed pension scheme. He stated
that based on the assurance given by the group of Ministers, the Staff
Side had deferred the call for strike but now it is getting very
difficult for them to control the resentments of the staff. He stressed
the need for frequent interactions so that each side can appreciate the
other’s views. He also mentioned that no decision has yet been conveyed
on the 6th CPC related unresolved anomalies which, the Staff-Side feels,
should be sent for arbitration as the Staff-Side has recorded its
dissatisfaction on them.
(Action: D/o Pension & JCA Division, DoPT)
8. The Staff-Side members representing M/o Defence stated that they
are on a hunger fast joining with the 4 lakhs Defence Civilian Employees
to protest against the various decisions taken by Ministry of Defence
against their interest. They lodged their protest aginst what they
called ‘arbitary’ policy decisions made by the Government about
outsourcing of jobs hitherto done in the ordince factories, converting
Army Base Workshops to GOCO Model, closure of Station Workshops,
Military Farms and Depots under Army Headquarters thereby rendering
31,000 Employees surplus including 9000 employees of Military Engineer
Service, granting Uniform Allowance to the soldiers by stopping the
practice of getting them stitched through almost 12000 Employees in 5
Ordnance Factories etc. This is against the assurance given by the
Defence Ministry in the past to the Staff Side that the jobs being
perfomed by ordnance factories would be outsourced. They also protested
against the violation of the direction of Cabinet Secretary by the
Ministry of Defence in that the Staff Side has not been consulted before
deciding on outsourcing, closure, merger, declaring manpower surplus
etc. They demanded that MoD may be directed to immediately hold
discussions with the Staff Side and settle the issues in the interst of
the Defence Industry and its employees
(Action: M/o Defence)
9. The Staff Side also raised the following issues:-
a) The demand of the Staff Side for extension of the date of option
for switching over to 7th CPC Pay Scales from a date on which the
employee got promotion/MACP is not yet settled. Necessary instructions
may be issued in this regard.
(Action: Establishment Division, DoPT)
b) The Report of the NPS Committee even though submitted to the
Government in August, 2017 the Staff Side is not yet given a copy of the
same. The same may be given to the Staff Side and a meeting may also be
held with the Staff Side by the Government before taking any decision
on the recommendations of the NPS Committee.
(Action: D/o P & PW)
c) The Staff Side also pointed out what they felt arbitrariness of
the decision of the Government to close down the various printing
presses without even holding any discussion with the Staff Side. The
employees have been asked to immediately get themselves, relived and
join at faraway places. They added that assurances were given by the
Cabinet Secretary at the National Council that the Government would
discuss the problems faced by the staff and resolve the same in all
cases when the Government decides to wind up any of its functions.
(Action: M/o Urban Development)
10. The Chairman stated that he has taken note of all the
concerns expressed by the Leader, Staff-Side, Secretary Staff-Side and
the other representatives of the Staff-Side. He stated that the work on
finalizing the comments on the Agenda for the meeting with the National
Council, JCM has been going on and another two weeks would be required
to finalize the comments and thereafter the convenience of the Cabinet
Secretary would be sought so that the meeting of the Standing Committee
can be held in the month of February, 2018. He stated that the purpose
of today’s meeting was to familiarize with the issues as well as to
arrive at a mutually agreed decisions as to which of them should be
taken up for discussion and settlement at the NAC so that the first
meeting can be convened at the earliest. He further emphasised that the
items on which the Government, has held a view different from that of
the 7th CPC would not be taken up for discussion at the NAC since the
Government decisions on them are well-thought-out and conscious ones.
However, where there is a disagreement between what has been recommended
and what the 7th CPC should have recommended as part of its
policy/principles would figure in NAC discussion.
11. It was seen that there are seven (7) proposed items which clearly
fall within the definition of ‘Anomaly’. At the conclusion of the
discussions, the following was agreed to in respect of the remaining
eleven (11) items:
Item No.
|
Description
|
Decision
|
1
|
Anomaly in computation of minimum wage
|
In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
|
2
|
3% Increment in all stages
|
In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
|
6
|
Remove Anomaly due to index rationalization
|
In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
|
7
|
Anomaly arising from the decision to reject option No.1 in pension fixation
|
Sent back to Staff-Side for reconsideration of its views
|
10
|
Minimum Pension
|
The Staff-Side will take up this issue with the
Department of Pension & Pensioners Welfare separately. This will not
be treated as an anomaly.
|
11
|
Date of effect of Allowances-HRA, Transport
Allowance, CEA etc
|
Thil will be taken up separately as an item in the Standing Committee meeting
|
12.
|
Implement the recommendation on Parity in Pay
Scale between Sr. Auditors / Sr. Accountant of 1A & AD and organized
Accounts with Assistant Section Officer of CSS.
|
As this was already under examination in the Department of Personnel & Training it would not be taken up for
discussion in NAC at this stage. If it remains undecided at the later stage,
it will be included for discussion in NAC.
|
13
|
Parity in pay scales between Assistants/
Stenographers in field/ subordinate offices and Assistant Section Offices and Stenographers in CSS
|
The Staff-Side, NC (JCM) will provide additional details
|
15
|
Technical Supervisors of Railways
|
The Staff-Side, NC(JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Railways.
|
16.
|
Anomaly in the assignment of replacement of
Levels of pay in the Ministry of Defence, Railways, Mines etc in the
case of Store Keepers.
|
The Staff-Side, NC (JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Defence. JCA Division will
write to Ministry of Defence in this regard.
|
18.
|
Anomaly in the grant of DA instalment w.e.f.
01.01.2016
|
In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
|
12. The meeting concluded with a vote of thanks to the Chair.
LIST OF PARTICIPANTS IN THE PRE-NATIONAL
ANOMALY COMMITTEE OF THE NATIONAL COUNCIL (JCM) HELD ON 11/01/2018
S.No.
|
Staff-Side
|
Official-Side
|
1
|
Shri Shiv Gopal Misra
|
Shri G.D. Tripathi
|
2.
|
Shri M. Raghavaiah,
|
Shri Amar Nath Singh
|
3
|
Shri Rakhal Das Gupta
|
Shri Harjit Singh
|
4
|
Shri J.R. Bhosle
|
Ms. Sujasha Choudhury
|
5
|
Shri Guman Singh
|
Ms. Nirmala Dev.
|
6
|
Shri C.Srikumar
|
Shri Jaya Kumar.G.
|
7
|
Shri K.K.N. Kutty
|
Shri A.K. Jain
|
8
|
Shri Sankara Rao
|
Shri Charanjit Taneja
|
9
|
Shri R. Srinivasan
|
Shri Rajeev Kumar Bahree
|
10
|
Shri R.P. Bhatnagar
|
Shri Ram Gopal
|