Agenda Points for 46th Meeting of National Council (JCM) from BPMS

Agenda Points for 46th Meeting of National
Council (JCM) from BPMS Member, National Council (JCM) Mr.M.P.SINGH

Kindly refer your D.O. No. 3/2/2009-JCA Dated 30th Nov, 2009 whereby it has been
intimated that the 46th meeting of the National council (JCM) is scheduled to be
held on 16th January, 2010 under the Chairmanship of Hon`ble Cabinet
Secretary.

In this meeting, I would like to submit following points on behalf of my
federation BPMS, which needs the attention
of the meeting for the welfare of the employees.

1. DISPARITY IN THE FORMATION OF PAY BAND/ SCALES
Central Govt. Employees as well as Federations were confident that a similar
Pattern would be adopted by the 6th CPC and Review Committee, in the formation,
of Pay Scales, irrespective of the Cadre
of workers and Officers. After thorough study of the Pay
Structure, it is observed that the
structure of Pay bands of PB-1 to PB-4
has been formulated with multiplying factor. But it is found that this factor
has not been applied in all the Pay bands uniformly.
The Multiplying factor from PB- 1 to PB- 3 is found to be 1.86 (Approx) and for
PB-4 it comes to 2.61 (Approx). This disparity has increased the Min. & Max
Ration in the Pay Scales of the lowest employees and the highest, officer. This
has created great resentment among the workers. It is a great un-justification
with the Central Govt. employees
This Federation strongly demands that this disparity should be removed to
console the Central Govt. employees and a multiplying factor of 2.61(Approx)
should also be applied for Pay Band PB- 1, PB-2 & PB-3.


2. ASSURED CAREER PROGRESSION (ACP) SCHEME
It is submitted that the Govt. of India has introduced the ACP scheme vide 
No.35034/1/97- Estt (D) Dated 09.08.1999 on the recommendation of Fifth Central
Pay commission to provide ‘Safety Net’ to deal with the problem of genuine
stagnation and hardship faced by the employees duet to lack of adequate
promotional avenues. As per instructions, the Government employees are granted
financial upgradations after completion
of 12 & 24 years of regular service and the mobility under ACPS are to be
allowed in the ‘existing hierarchy’. Since the benefits of upgradation under
ACPS are to be allowed in the existing hierarchy, the mobility under ACPS shall
be in the hierarchy existing after merger of pay scales by ignoring promotions.
For granting financial upgradation, if such cadre/hierarchy exists in the
Ministry/Department concerned, the upgradation
maybe allowed in keeping with the pay scale of an analogous grade of a
cadre/post in the same Ministry/Department. However, if no such grade exists in
the Ministry/Department concerned, comparison may be made with an analogous
available in other Ministries / Departments.
Further your kind attention is invited to the Resolution published in Gazette of
India on 29th August 2008 which also deals with recommendations of Sixth Central
Pay Commission on Assured Career Progression Scheme and the para 1. says that
the Government employee will be granted 03 financial upgradations after
completion of 10, 20 & 30 years of service and para. (iii) accepted by Govt. of
India reads as under:-
“(iii) The grade pay shall change at the time of financial upgradation under
this scheme (MACPS). The grade pay given at the time of financial upgradaion
under MACPS will be the immediate next higher grade pay in the hierarchy of
revised pay bands and grade pay being recommend. Thus, grade pay at the time of
financial upgradation under ACPS can, in certain cases where regular promotion
is not between two successive grades, be different than what is available at the
time of regular promotion. In such case, the higher grade pay attached to the
next promotion post in the hierarchy of the concerned cadre/organixation will be
given only at the time of regular promotion.”
In such circumstances, the wish of the Govt. of India to grant 03 financial
upgradation for betterment of its employees in thirty years service span will
not be culminated through MACP Scheme as it is disadvantageous in comparison to
erstwhile ACP Scheme particularly for the employees in Pay Band -1 as the MACPS
will grant different Grade Pay to the employees of same cadre and post.
Therefore you are kindly requested to issue necessary instructions whereby the
granting of benefits of ACP in vogue may be continued with modification that 03
financial upgradation will be granted on completion of 10, 20 & 30 years in the
such cadre/hierarchy exists in the Ministry/Department and if no such grade
exists in the Ministry/Department concerned, comparison may be made with an
analogous grade available in other Ministries/Departments.


3. PROMOTIONAL BENEFITS
It is observed that there will be a very small / meager financial benefit to a
Group ‘C’ Employees on his promotion. Group ‘C’ employees in the Pay Band of
Rs.5200 – 20200 when promoted after a service of five years then at the time of
his promotion his basis pay would be Rs.6040 (Approx). On his promotion he will
get a benefit of one increment of 3% i.e. Rs.180 and additional Grade Pay of
Rs.100 only, thus total financial benefit comes to Rs.280, which is a very
meager amount when compared with the employees of PB-2 & PB-3 Pay Band.
It is worth to mention here that two additional increments to be granted at the
time of promotion to officers of Indian Administrative Services as per
Resolution issued by MoF on 29th August, 2008.
Considering the above this federation demands that two increments or a minimum
of Rs.1000, whichever will be higher, should be enhanced in the Basic Pay of the
Minimum paid employee.



4. INCREMENTAL BENEFIT
Your attention is invited to the para 2 (iii) of the letter No. G.O.I. MF., DoE,
(Implementation Cell), F.No.1/1/2008-IC Dt. 30.08.2008 on the subject matter,
which deals with granting the next increment in the revised pay structure is as
under:-
“In terms of the CCS(RP)Rules, 2008, there shall be uniform date of increment
i.e.1st July of the year after implementation of the revised pay structure.
Consequently, will be drawn in the pre-revised scale and pay fixed in accordance
with the tables after including this increment. The next increment in the
revised pay structure in such cases will be drawn on 1st July, 2006.”

Further Rule 10 of CCS (RP) Rules, 2008 is an under:-
“….. Employees completing 06 months and above in the revised pay structure as on
1st July will be eligible to be granted the next increment. The first increment
after fixation of pay on 01.01.2006 in the revised pay structure will be granted
on 1.7.2006 for those employees for whom the date of next increment was between
1st July, 2006 to 1st January, 2007.”
The above is creating dilemma whether the employees whose date of next increment
falls between 01st Feb, 2006 and 01stJune, 2006 will also be eligible to be
granted their next increment on 01st Jan, 2006. If not, they will be eligible to
be granted their next increment on 01st July, 2006 and this will violate the
provisions of F.R.26 which confers the right to be granted next increment on
completion of 12 months and as per FR 24 as increment shall ordinarily be drawn
as a matter of course unless it is withheld.
Therefore you are kindly requested to remove the anomaly so that the employee
may be granted the next increment on 1st January to whom those were drawing
their increment between July to December of the year.



5. MERGER OF PAY SCALE OF Rs.3050 – 4590 with Rs.3200 – 4900 and Rs.4000 – 6000
with Rs.4500 – 7000
The industrial workers are being recruited in the Semi-Skilled grade against the
sanctioned post of Skilled grade in the pay scale of Rs.3050-4590. Such
employees have the educational qualification of Matriculation with Science &
Mathematics plus they have to undergo training
for 03 or 04 years as per Trade Apprentice Act. It seems injustice to grant the
pay scale of Rs. 3050 – 4590 to the Skilled employees as they have to perform
the highly sensitive operations on the
CNC machines, metallurgical operation,
work on optical and electronics equipments, chemical process with hazardous
operation.



The pay scale of Ministerial Category i.e. Clerks and Store Keepers should be
revised. At present the Pay Scale of LDC (Lower Divisional Clerk) & Store
Keepers have been equated with cooks, L.H.Fireman and Drivers, causing thereby
demoralization in this category. This category is performing sophisticated,
Tedious & highly complicated and sensitive jobs i.e. Recruitments, Posting /
Transfers, DPC, Defending Court Cases. Parliament Questions, Welfare, Labour
Relation Work, Financial Implications viz. GPF A/c’s maintaining records of
Advances, Pension / Retirement Terminal Benefits, Facing Audit Objections,
Procurements , Preservations, Control on Material Movement, keep safe the
inventories etc. etc. On the same analogy, the incumbents like Highly Skilled
trades man, UDC, Supervisors (Non – Tech.) & equivalent are also eligible to be
granted the higher pay scale of Rs. 4500 – 7000 from Rs.4000 – 6000 due to their
job responsibilities.
It is urged to merge the pay scale of Rs. 3050 – 4590 with Rs.3200 – 4900 and
the pay scale of Rs. 4000 – 6000 with Rs.4500 – 7000 in the pre-revised with
grade pay of Rs.2000 & Rs.2800 respectively.



6. UPGRADATION FROM PROPECTIVE DATE
After perusal of the Gazette Notification it is found that under Part B section
sub para it is very clearly mentioned that the pre-revised pay scales of Rs.5000
– 8000, Rs.5500 – 9000 and Rs.6500 – 10500 which presently constitute feeder and
promotion Grades will come to lie in an identical grade. With the provision
given in the Gazette, the posts in the scale of Rs.5000 – 8000 and Rs.5500 –
9000 should be merged, with the post in the of Rs.6500 – 10500, being upgraded
to the next higher grade in pay band-2 i.e. to the grade pay of Rs.4600
corresponding to the pre-revised pay scale of Rs.7450 – 11500, the post upgraded
from the scale of Rs.6500 – 10500 should be merged with the post in the pay
scale of Rs.7450 – 11500.
Further it is mentioned under sub-para-(iii) of section I that ‘posts in the
scale of Rs.6500-10500 Carrying minimum qualification of either Degree n
Engineering or a Degree in Law should also be upgraded in the pays scale of
Rs.7450 – 11500 corresponding to the revised pay band of Rs.9300-34800 along
with grade pay of Rs.4600. It has very specifically been mentioned that ‘post of
scientific staff in the scale of Rs.6500-10500 Carrying minimum qualification of
Engineering Degree or a post Graduate Degree should also be upgraded and placed
in the pay scale of Rs.7450-11500 corresponding to the revised pay band PB-2 of
Rs.9300-34800 along with grade pay of Rs.4600. The Gazette Notification has
ordered the effectiveness of the revised pay scales along with financial
benefits w.e.f.1.1.2006, but lately on the contrary MoD vide its I.D.
No.11(1)/2008-D(Civ.l) dated 10th Sept. under Para 2. has ordered that such
upgraded Scales will be effective from a Prospective date.
It is submitted that when all the recommendations of the CPC has been agreed
from 1.1.2006 then why a small group of employees should be deviated from this
advantage. As such this federation demands that the upgraded scales should also
be affective from 1.1.2006. This will give benefits to the employees of EME &
DGOS.



7. MERGER OF PAY SCALE OF 7450-11500 & 7500-12000 OF GROUP ‘B’ GAZETTED
it is submitted that the nature of work and responsibilities of JTO (S) and JSO
in DGOA & in other Defence Departments is almost same and similar. The pay scale
of JTO (S) is Rs.7450-11500 and of JSO is Rs.7500-12000. (Both Group-B
Officers), the difference in their pay scale is marginally of Rs.50only. It
takes more than four years for JTO (S) to get promotion to JSO, which gives
negligible financial gain. Further the grade pay of JTO (S) with pay scale of
Rs.7500-12000 is Rs.4600 & Rs.4800 respectively. Both are Group B Gazetted
Officer and doing the same nature of work. As per the recommendations of 6th,
JSO with grade pay of Rs.4800 get into the grade pay of Rs.5400 after completion
of four years of service in that post (refer para 3.1.14 of the report) whereas
an other officer doing the same nature of work with similar responsibility has
to wait for eight years to get into Rs.5400 pay band. It is a great anomaly and
may be sorted out to remove resentment in the affected officers.
This Federation demands that the Cadres of JTO(S) & similar cadre should be
merged into JSO cadre in the pre-revised pay scale of Rs.7500 – 12000 and both
of them should be given the same grade pay of Rs.4800 and promotional benefit
after completing their four years of service in this cadre.
It is observed that in different Organizations / Departments the revised pay
scales of the staff & officers working in the pay scale of Rs.6500 – 10500 has
been upgraded to the Pre-revised pay scale of Rs.7500-12000 having less
qualification & responsibility than the Scientific / Technical staff of DGQA,
working in the pay scale of Rs.6500-10500.



For example:
a) The employee in the pre-revised pay scale of Rs.6500-10500 carrying minimum
qualification of engineering degree has been upgraded to the Pre-revised pay
scale of Rs.7450-11500 with grade pay of Rs.4600 whereas a Section Officer / PS
/ Equivalent in the revised pay scale of Rs.6500-10500 has been upgraded to the
pay scale of Rs.7500-1200 with grade pay of Rs.4800. The section officer / PS of
secretariat will get the next higher grade pay of Rs.5400 after four years of
service in that grade (Refer para 3.8.12) whereas the officer of other
organization will have to wait minimum for eight years to get that grade pay.
First minimum four years to get promotion for grade pay of Rs.4800 then after
four years to gain grade pay of Rs.5400.
b) Asst. Nursing Superintendent in the revised pay scale of Rs.6500-10500 has
been upgraded to the pay scale of Rs.8000-13500 (Refer para 3.8.15) is still
bearing less qualification & responsibilities of Graduate Engineer working in
work shops / Quality Assurance / Research work in defence organizations.

c) The Primary School Teachers / Trained Graduate Teachers / Post graduate
teachers in the pay scale of Rs.6500-10500 has been upgraded to the pre-revised
pay scale of Rs.7500-12000 with grade pay of Rs.4800 whereas they have minimum
responsibility, less working hours and more leaves in a year.

d) Removal of anomaly in the pay scale of Junior Work Manager in OFB Junior
Works Managers are the main pillars of this organization still they are deprived
of their legitimate rights. Considering their responsibilities and duties, the
pay scale of JWM may be upgraded to the pre-revised pay scale of Rs.7500-12000
to the revised pay band -2 (Rs.9300-34800) with grade pay of Rs.4800 and after
completion of four years of service in the grade, they will be placed in the
PB-3 (15600-39100) with the grade pay of Rs.5400 as it is stipulated in para.
1(x(a) to (e) of resolution, bearing No.1/1/2008-I.C. dated 29.08.2008 of
Ministry of Finance (Department of Expenditure) for group ‘B’ cadres of DANICS,
CSS, CSSS, IA & AD and group ‘B’ officers of Ministry of Railways and
Departments of Posts, Revenue etc. Similar self explanatory examples are
elaborated in Para 7.6.18; 7.8.10; 7.10.26; 7.19.51 & 7.19.68 etc. of the
Gazette Notifications / CPC Report.

This Federation strongly demands that this disparity should be removed and
similar advantage should be extended to all deserving employees of Departments
of MOD viz. DGQA, DGAQA, DRDO, Naval etc. considering their qualification,
Responsibility and nature of duties.


8) DISPARITY IN THE PAY OF DIRECT RECRUITEE & PROMOTEE SHOULD BE REMOVED
It is observed that a promotee with a bundle of Departmental experience gets
less enumeration than a recruit appointed on direct recruitment in different
cadres. Kindly refer section II of para –A of the Notification where entry pay
in the revised pay structure for direct recruits appointed on or after 1.1.2006
is mentioned.
To illustrate, if an employee drawing basic pay Rs.3200 in the pre-revised pay
scale of Rs.3050-4590 is fixed on the basic pay of Rs.6060+1900 = 7960 in the
revised pay scale of PB-1(5200-20200) on 1.1.2006. Later, if he is promoted to
the pre-revised pay scale of Rs.4000-6000 his pay will be fixed at Rs.6300+2400
= 8700 as per para 13 of the CSS (Revised Pay) Rules,2008.
On the same day, if another employee is directly recruited in the pay scale of
Rs.4000-6000 (pre-revised), his pay will be Rs.7510+2400=9910 in the revised pay
scale of PB-1 Rs.5200-20200 as per section II of part A of the first schedule of
these rules. Thus, directly recruited employee will get Rs.1210 (i.e. 9910 –
8700 = 1210) more in comparison to the promoted employee. It is great anomaly
and may be removed to avoid disappointment among the staff.
This federation demands that necessary amendments may pleas be carried out, so
that the pay of the promoted employee may be fixed higher than the entry pay for
the direct recruits appointed on after 1.1.2006.



9. RISK ALLOWANCE, HOSPITAL PATIENT CARE ALLOWANCE SHOULD BE CONTINUED

The risk allowance is paid to all those engaged in duties involving greater
hazards or whose health is liable to be adversely affected progressively over a
long period of time because of the particular avocation. The second pay
commission recommended that certain unskilled staff employed in the Ministry of
Defence and Railways, whose work was exceptionally heavy or whose normal duties
involved special risk such as those of chemical process was also extended to
sweepers working in underground sewers and in infectious hospitals in the name
of Patient Care Allowance and or Hospital Patient Care Allowance. On the
recommendation of 3rd CPC, a committee was constituted to examine the facilities
of rationalizing nature, which classified the beneficiaries of Risk Allowance
into four categories namely: Semi Skilled, Skilled Workers, Supervisors and
certain Gazetted and non Gazetted officers. The 4th CPC recommended a hundred
per cent increase in the cover in cases where employees like custom inspectors,
Railway Drivers, Guards, Income Tax officers and staff carrying out raids, are
exposed to risks. The 5th CPC concluded that risk and continuous risks.
Contingent risks relate to one time events where event is uncertain and that may
be considered for insurance cover or ex-gratia payment. Continuous in the
occupation itself with adverse effect on the health and the employee will be
paid the risk allowance with the revised rates.
The 6th CPC was also partially agreed that Risk Allowance is only justified for
jobs which are inherently risky with adverse effect on health but recommended
that the Government should insure that latest technology and greatest level of
care is observed in these jobs so that the element of risk involved therein
minimized. In this context, it should be kept in views that technological
upgradation cannot zero the continuous risk but in can minimize the risk only
due to nature of specific job or process. Hence, the risk insurance scheme
cannot provide any relief in case of continuous risk.
Therefore, this Federation demands that the Risk Allowance, Patient Care
Allowance, Hospital Patient Care Allowance should be continued and even the
amount of the risk allowance should be doubled as the 6th CPC has doubled all
the allowance payable to Government employees.
This Federation does appreciate the provision for free medical and insurance for
those employees, but it should be in addition to Risk Allowance.



10. CHILD CARE LEAVE
6th CPC has recommended Child Care Leave for women employees having minor
children for a maximum period of two years 730 days during their entire service
for taking care of up to two children. This leave s admissible up to the age of
18 years of her child. This Federation welcomes this scheme, it will help the
mothers to built better career of their child.
This Federation submits that there may be a case/instance when the wife of the
Central govt. employee expires at the time of delivery or at time when her child
is less than 18 years of age. In that case the father of the child should be
entitled for all that child care leave benefits for which a Central govt. women
employee is entitled. Such cases happen very rare, but there must be a similar
provision for Central Govt. male employees so that a proper care could be given
to their child.
Further, child care leave and enhanced maternity leave should be granted to
Industrial Employees as it is being to the female employees governed by the
existing provisions of the Central Civil Services (Leave) Rules,1972.



11. NIGHT DUTY ALLOWANCE (NDA)
6th CPC vide their Sub para 4.2.81 has recommended to double the allowances
including Night Duty Allowance, which is not as per rules of Night Duty
Allowance (NDA). NDA has ever been calculated with a given formula. This
Federation demands that for the calculation of NDA the same formula should be
adopted with inclusion of Transport Allowance in place of CCA.



Formula:-
Night Duty Allowance = Basic Pay + DA + TA
-----------------------
195 x 6



12. RECRUITMENT OF TRADE APPRENTICES
The grade of unskilled and semi-skilled has been merged as per recommendation of
6th CPC 3.8.27. In such circumstances, ex-trade apprentices (NCVT / ITI passed)
should be directly recruited in the grade of skilled in the pay scale of
Rs.5200-20200 + Grade Pay of Rs.1900) instead of Semi-Skilled grade.



13. PAY SCALE OF Sr. DATA ENTRY OPREATOR
Head clerk / Assistants / Steno Gr.II / Equivalent in the pay scale of
Rs.4500-7000 and Rs.5000-8000 are upgraded to the revised pay scale of
Rs.6500-10500 in the PB-II with a grade pay of Rs.4200. Accordingly Sr.Data
Entry Operator who are in the existing pay scale of Rs.4500-7000 should be
covered by such upgradation. It is learnt that the same benefit has been granted
in DRDO vide their letter No. DHRD/16342/VI CPC/1/C/M/01 dated 7.10.2008.



14. DISPARITY IN LEAVE TRAVEL CONCESSION
Prior to implementation of 6th CPC the benefit of availing LTC was uniform among
the employees, but the anomaly has been created by implementing the 6th CPC and
some segment (newly recruited) of employees will enjoy the benefits of LTC every
year, but others shall loose the same benefits.
It is therefore submitting that suitable provisions in the rules may be obtained
to clear this disparity by providing LTC to the employees every year as every
employee and his family desires to visit at his Home Town yearly.



15. DATE OF NEXT INCREMENT IN EXTRA ORDINARY LEAVE CASES
Your attention is invited to DOP&T U.O No. 13/1/2009-pay I dated 20/02/2009 on
the subject matter wherein it is stipulated “…. Qualifying service of less than
06 months rendered between 1st January and 30th June of any year on account of
EOL will have the effect of postponing one’s increment to1st July of next year
,if all other conditions are met.”, whereas the Rule 10 of the Civilians in
Defence Services [Revised Pay] Rules,2008 issued by MOD F>No.11[1]/2008/D[Civ-I]
dated 09th Sep,2008 says that the employees completing 6 months and above in the
revised pay structure as on1st July will be eligible to be granted the
increment.
It is crystal clear from Rule 10 above that if an employee completes 06 months
or more between 01st July,2006 to 30th June,2007 and he takes EOL of 02 months
for personal affairs [without medical certificate] between 01.01.2007
to30.06.2007, he will be granted his next increment on 1.7.2007 (not on
1.7.2008). Such types of examples are published in the Swamysnews.
Therefore you are kindly requested to amend the DOP&T letter dated 20.2.2009 and
issue clarification so that the employees may be granted their next increment on
their legitimate due date.



16. ENHANCEMENT OF BENEFITS OF CENTRAL GOVERNMENT EMPLOYEES GROUP INSURANCE
SHCEME
The Central Government Employees Group Insurance Scheme was introduced in Jan
1982 to provide insurance cover to the employees so as to enable their families
to get a lump sum amount in the event of employees death. The scheme also
envisages a lump sum payment on cessation of employment. The scheme is wholly
contributed and is run on self different groups. Subscription under the scheme
is appointed between the insurance fund and the saving fund in the ratio of
30:70. The rates of monthly subscription as well as the insurance cover are
supposed to be revised periodically.
The present rates of subscription and insurance cover for the different
categories of employees are Rs.15 and Rs.15000 respectively for the lowest
category of government employees since Jan. 1990 (i.e. due to implementation of
4th CPC recommendations).
Thereafter, the 5th CPC, taking in account the erosion in the real value of
rupee recommending daubing of the rates of monthly subscription, as well as the
insurance cover available under the scheme has become totally inadequate and an
amount of Rs.15000 cannot provide financial support to the family of a diseased
group ‘D’ employees. When the rates of subscription and the insurance cover
under this scheme were last revised in 1990, the pay scales recommended by 4th
CPC were in vogue and the minimum salary was Rs.750.
Now the minimum salary of Government employees is Rs.7000 as recommended by 6th
CPC. The increase in the minimum salary between 1.1.1990 and the date of
implementation i.e. 1.1.2006, of the pay scales works out to be more than nine
times. However, the 6th CPC has recommended that monthly subscription should be
Rs.180 and the amount of insurance will be Rs.180000
To restore the actual value of insurance cover provided under the scheme, this
federation demands that the present amount for various categories should be
enhanced to rupees two lakh as a minimum payment to the lowest cadre.



17. DEFINE THE MEANING OF “ORDINARY RATE OF WAGES” UNDER THE FACTORIES ACT, 1948
This reflects the concern of the employees working in Indian Ordnance Factories
under Ministry of Defence, over the interpretation of ‘Ordinary rate of wages’
under Rule 59 of the Factories Act, 1948 issued by Ministry of Labour and
Employment vide their O.M. No. Z 16025/81/2007 – ISH – II dated 27.05.2009
wherein it has opined that the allowance of compensatory nature (HRA / Transport
Allowance / Small Allowance etc.,) may be excluded for the purpose of computing
Overtime Allowance under the Factories Act, 1948. Earlier, Ministry of Labour
and Employment vide their O.M. No. Z – 16025/81/2007 – ISH – II dated 19.11.2007
has compensatory allowance which is reimbursed and hence may not be taken into
account calculating OTA under the Factories Act, 1948.
The above interpretation of the Ministry of Labour is contrary to the provisions
of Factories Act, 1948. As per section 59 of Factories Act, a worker shall be
entitled to wages at the rate of twice of his ordinary rate of wages, in respect
of Overtime work as per Sub Section (2) of section 59 the ‘Ordinary rate of
wages’ means the basic wages plus such allowances. Including the cash equivalent
of the advantage accruing through the concessional rate to workers of food
grains and other articles, as the worker is for the time being entitled to but
does not include a bonus and wages for overtime work.
Presently Dearness Allowance, House Rent Allowance, City Compensatory Allowance
and Transport Allowance are included for the purpose of calculating Overtime
Allowance under Factories Act, 1948 and the employees are being paid
accordingly.
Dearness Allowance” which is being paid at present is in the nature of a
compensatory payment to employees for erosion in the real value of their
salaries resulting from price rise. (Para 13.1; Page 216 of 4th CPC Report)
“City Compensatory Allowance” is granted to Central Government employees to
enable them to meet the high cost of living in certain specially costly cities.
(Para 106.2; Page 1579 of 5th CPC Report)
“House Rent Allowance” is paid to Central Government employees to compensate
them partly for the specially high rents which they have to pay for hired
residential accommodation. (Para 14.21; Page 225 of 4th CPC Report)
“Transport Allowance” has been granted to Central Government employees to
suitably compensate them for the cost incurred on account of commuting between
the place of residence and the place of duty.

(G.I. M.F., O.M. No.21(1)97/E-II (B), dated 03.10.1997)

From above it is abundantly clear that allowances like DA, CCA, HRA and TA being
paid to Central Government employees are compensatory in nature and there is no
justification in discriminating among the above allowances.
It is worth to mention here that the Ministry of Labour is a custodian of rights
conference by the Parliament of India to the employees under various Labour Laws
but now it has wrongly interpreted the meaning of the ordinary rate of wages
means the basic wages plus such allowance such the worker is for the time being
entitled. Due to this the employees are deprived of the extra wages for
overtime, which they are getting for more than last 50 years.
Therefore you are requested to take appropriate action so that the provision of
payment of Overtime may be continued in letter and spirit of Factories Act, 1948
and the House Rent Allowance, Transport Allowance should not be excluded for the
purpose of calculating extra wages for overtime under the Factories Act, 1948.



18. COMPASSIONATE APPOINTMENTS IN FATAL ACCIDENT CASE
Your attention is invited to the situation where a Government servant who is the
sole breadwinner of a family unfortunately dies in harness leaving his family in
immediate need of assistance in such cases, Ministries / Departments have been
delegated the power to appoint n relaxation of procedure of recruitment to a
dependent member of the family of the deceased, in the event of there being no
other earning member in the family.
For this purpose, Ordnance Factory Board has forwarded the MOD, D(Lab)
instruction vide OFY letter No. 039/(6)/A/A/(Vol-III) dated 18.1.2006, whereby
directives have been issued ofr making relative merit points scale to various
parameters like Family Pension, Terminal Benefits, Monthly income of earning
members and income from property, Movable/immovable property. No.of Dependents,
No.of unmarried daughters, No. of minor children and left over service. The
weightage fixed above is to be strictly followed.



Sir, very painfully it is brought to your kind notice that no weightage has been
given to the death in fatal accident in the process of performing his duty. We
have experienced that a number of Ordnance Factories are engaged in
manufacturing, filling ;process of Highly Explosives and during the above
process some major fatal accidents occurred causing loss of several employees
like Ordnance Factory Bhandara, Itarasi and Khamaria where employees have
succumbed to the accidents but their dependents are waiting for extra weightage
to the Department/Ministry/Nation which needs to be considered while assessing
the wieghtage for compassionate appointments. In spite of that MOD has clarified
vide its I.D dated 4.8.2008 as under:
“Since the financial impact of the family due to demise of the Government
servant for whatever cause (accident or otherwise) is similar, the cases of
accident victims cannot be taken on a different footing and may be regulated
under the scheme for compassionate appointment as circulated vied this
Department’s O.M. dated 9th Oct, 1998.
In the above circumstances, you are requested to intervene into the matter and
kindly issue necessary directions so that top priority may be given to the next
of kin to the deceased employees for granting him immediate compassionate
appointment without considering the weightage whereby it may be proved that MOD,
GOI as always caring the family of the employee who have sacrificed his life of
the Government.



19. HALF DAYS’ CASUAL LEAVE TO INDUSTRIAL EMPLOYEES AT PAR WITH THE OTHER
CENTRAL GOVT. EMPLOYEES

The Government of India has kindly pleased to grant Half Day Causal Leave to the
employees for various reasons mentioned in the G.I., M.H.A., O.M. No.
60/17/64-Esst. (A) dated 4.8.1965. It is worth to mention here that the above
does not discriminate among the Industrial Employees and Non-Industrial
Employees but the rule is published only in the Appendix –III under Central
Civil Services (Leave) Rules, 1972.
Therefore you are requested to issue necessary instructions so that half days
causal leave to the Industrial employees may be granted at par with the other CG
employees, and present system of short leave of 2 hours on 2 occasions in a
month may be continued but without pay.



20. REMOVAL OF LEAVE DISPARITY AMONG THE FACTORIES ACT, 1948 AND DEPARTMENTAL RULES
It is apprised that the ‘Principal Controller of Accounts (Factories), Kolkata
vide its letter No. pay/Tech – II/ 1058 dated 27.3.2007 has instructed to all
Branch Accounts Officers of Ordnance & Ord. Equipment Factories that the
Industrial employees who has opted to be governed by CDS(IEs) Leave Rules, 1954
is entitled to 30 days Earned Leave and those who have opted for Factories Act
are entitled to one EL for every 20 days of work in the preceding year.
Kindly refer to GOI, DoP&T O.M. No. 12012/1/97-Esst (Leave) dated 20 July, 1998
wherein it is stipulated that as per agreement with the Staff Side of the
National Council (JCM) singed on 11.9.1997, the Govt. has decided that
henceforth the Industrial employees in CG Departments other than Railways shall
be entitled year of service irrespective of service holidays shall also count
towards such leave. Chapter – VIII of the Factories Act, 1948 deals with Annual
Leave with wages and Section 78 of the Act reads as under:

(i) The provision of this chapter shall not operate to the prejudice of any
right to which a worker may be entitled under any other law or under the terms
of any award, agreement (including settlement) or contract of service: Provided
that if such award, agreement (including settlement) or contract of service
provides for a longer Annual Leave with Wages than provided in this chapter, the
quantum of leave, which the worker shall be entitled to, shall be in accordance
with such award, agreement or contract of service, but in relation to matters
not provided for a in such award, agreement or contrast of service or matters
not provided for less favorably therein, the provisions of Section 79 to 82, so
for as may be, shall apply.
From above it may be deduced that the Industrial employees who have opted for
Earned Leave under Factories Act, are entitled for 30 days in a year and the
matter to remove disparity of leave among Factory Rules and Department Rules for
industrial employees is pending for very long period.



21. CHILDREN EDUCATION ALLOWANCE
DOP&T has issued clarification vide OM No. 1201111612009 – (Allowance) dated
13th Nov. 2009 that CEA is admissible for the two eldest surviving children
only, expect when the number of children exceeds two due to second child birth
resulting in multiple births.
It is worth to mention here that neither 6th CPC has restricted that the only
first 02 eldest surviving children’s education allowance will be reimbursed not
DOP&T has restricted vide instruction OM NO. 12011/03/2008 – Estt.(Allowance)
dated 2nd Oct. 2008.
In such circumstances, kindly issue necessary instructions for granting the CEA
to the employees for his/her 3rd or 4th son/daughter if he has not claimed the
Tuition Fee reimbursement for his son/daughter on any earlier occasions.



22. REMOVAL OF ANOMALY IN THE PAY SCALE OF LAB.TECHNICIANS SERVING IN ORDNANCE
FACTORIES HOSPITALS IN PB-2 WITH GRADE PAY OF Rs.4200 LIKE OTHER CENTRAL GOVT.
DEPTT. i.e. RAILWAY RECRUITMENT BOARD INSTEAD OF PB-1 (Rs.5200-20200) WITH GRADE
PAY OF Rs.2800.
Lab Technicians serving in Ordnance Factory Hospitals under Min. of Defence have
been ordered to be placed in PB-1 (Rs.5200-20200) with Grade Pay of Rs.2800 due
to their corresponding 5th CPC scales of Rs.4500-7000.

1. As per description given Lab Technician (designated as Lab. Superintendent
Gr-III in the other central government department exists in the pay scale of
Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500. It means that Lab Technician (Lab.
Superintendent) should be in the scale of Pay of Rs.5000-8000 minimum. The below
scale of Rs.4500-7000 was meant for Lab. Asst. and not for Lab. Technician. This
anomaly should have been set right prior to 6th CPC, but it is painful that
nothing was done in this regard.

2. Following list of other CG Departments clearly exhibit that Lab. Technician
with entry qualification B.Sc + Diploma are getting the 5th CPC scale of
Rs.5000-8000 whereas in Ordnance Factory Board organization. Lab. Technician
inspite of having the same entry qualification B.Sc + Diploma are getting 5th
CPC scale of Rs.4500-7000.

Organisation/Post	Pay Scale(Pre-revised)	Qualification	Nature of Work
Ordnance Factory Hospitals Lab.Technician	Rs.4500-125-7000	(i) BSc with Bio-Chemistry/Micro Biology (ii) Diploma in MLT (iii) 01 year experience	Routine Blodd Test of Pathology, Micro-Biology, Bio-Chemistry etc.
Regional Institute of Health & Medical Science Shilong Sr.Lab.Technician	Rs.5500-175-9000	(i) BSc with Medical Lab.Technology or (ii) BSc with Phy/Chem/Zool/Bot from a recognised university with Diploma in MLT of 1 year duration.	Routine Blodd Test of Pathology, Micro-Biology, Bio-Chemistry etc.
Bhabha Automic Research Centre. Scientific Asst.B(Pathology)	Rs.5500-175-9000	BSc + 01 year Diploma in MLT with 50% in BSc and 60% in DMLT	Routine Blodd Test of Pathology, Micro-Biology, Bio-Chemistry etc.
J.N.Medical College, AMU Sr.Tehcnical Asst.	Rs.5500-175-9000	(i)BSc (ii)Diploma in MLT (iii)02 years experience	Routine Blodd Test of Pathology, Micro-Biology, Bio-Chemistry etc.
Railway Recruitment Board Lab.Superintendent Gr-III	Rs.5000-150-9000	(i)BSc with Bio-Chemistry/Micro-Biology (ii)Diploma in MLT	Routine Blodd Test of Pathology, Micro-Biology, Bio-Chemistry etc.
Rastriya Sanchari Rogsansthan Technician	Rs.5500-150-8000	BSc with Bio-Chemistry/Micro-Biology	Routine Blodd Test of Pathology, Micro-Biology, Bio-Chemistry etc.

3.OFB while issuing SRO – 88 (Recruitment Rules) as on 3rd August 2005 revised
the entry qualifications of Lab. Technician B.Sc + Diploma (DMLT) + 01 year
experience bringing it at par other Lab. Technician serving in other CG
Departments, but did not revised the 5th CPC scale of pay from Rs.4500-7000 to
Rs.5000-8000. In spite of the facts that many of Lab. Technician of other deptt.
are already getting the 5th CPC pay scale of Rs.5000-8000.
In view of the above, kindly initiate necessary action for placing
Lab.Technician of Ordnance Factories under Ministry of Defecne, appropriately in
PB-2 with Rs.4200 Grade Pay so that the norms / logic of giving 5th CPC scale of
pay Rs.5000-8000 Lab.Technician, which of course could not be done for any
reason, is set right at this stage with the placement of the scales in the 6th
CPC.



22. ENCASHMENT OF FIXED MEDICAL ALLOWANCE FOR PENSIONERS/FAMILY PERNSIONERS

On the recommendation of 5th CPC Govt. of India has issued instruction vide DOP&PW.
OM NO. 45/57/97-P 7 PW. Dated 19.12.1997 to the grant of fixed medical allowance
@ Rs.100 p.m. to the CG pensioners / Family pensioners residing in the areas not
covered by CGHS administered by Min. of Health & Family Welfare and
corresponding Health Scheme administered by other Ministries/Departments for
their retired employees for meeting expenditure on day to day medical expenses
that do not require hospitalization. The amount of Rs.100 was recommended by the
5th CPC and has remained unchanged since then. 6th CPC has recommended in para, 4.11.3 that the Government should consider enhancing the medical allowance for pensioners living in non-CGHS areas
appropriately.
Therefore all pensioners and family pensioners living in non-CGHS areas should
be granted Rs.100 p.m. Fixed Medical Allowance and the rate of this allowance
should be enhanced by 25% automatically each time the dearness allowance payable
on the revised pay band goes up by 50%.



23. REDUCTION IN MINIMUM QUALIFYING SERVICE FOR PROMOTION FROM ONE GRADE PAY TO
NEXT GRADE PAY.
DOP&T has issued instructions vide OM No. AB 14017/61/2006-Esst. (RR) dated 24th
March, 2009 on Sixth CPC recommendations – revision of pay scales – amendment of
service rules / Recruitment Rules and instructed to modify the heading of column
No. 4 of the schedule on Recruitment Rules and the minimum eligibility service
as per the revised guidelines as enclosed in annexure reveals that the minimum
qualifying service for promotion from one grade to next or higher grade pay has
been enhanced in comparison to existing SROs. This causes discontentment among
the employees.
Therefore you are requested to issue necessary instructions for revision of
Service Rules/Recruitment Rules without adversely affecting the promotional
aspects agenda points in the meeting.

Thanking you in anticipation.