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May 5, 2010

Minutes of the Second Meeting of the National AnomalyCommittee held on 27th March, 2010

F.N0.11/2/2008-JCA

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)
North Block, New Delhi

Dated the 4th May, 2010
OFFICE MEMORANDUM
Subject: Minutes of the
Second Meeting of the National AnomalyCommittee held on 27th March, 2010.

The undersigned is directed to forward a copy of
the minutes of the Second Meeting of the National Anomaly Committee held on 27th
March, 2010 in Conference Hall (Room No. 119), North Block, New Delhi under the
Chairmanship of Secretary (Personnel) for information and necessary action.
(Dinesh Kapila)
Deputy Secretary (JCA)

2369 2589
To

All Members of the National Anomaly Committee as per list attached.

MINUTES OF THE SECOND MEETING OF

NATIONAL ANOMALY COMMITTEE HELD ON

27TH MARCH 2010
        The Second meeting of the National
Anomaly Committee (NAC) was held on 27th March 2010 in Conference Room No.119,
North Block, New Delhi under the Chairmanship of Secretary (Personnel). A list
of participants who attended the meeting is annexed.
2. At the outset, the Chairman welcomed the
representatives of the Staff Side and Official Side. Referring to the
interesting and fruitful discussions held during the first meeting of the NAC on
12th December 2009, the Chairman stated that some progress has been made and
stated that action taken on the decisions taken in the first meeting shall be
shared with the staff side. The Chairman then suggested that issues pertaining
to pensions may be taken up first for discussions as the representatives of the
Department of Pension & Pensioners’ welfare had to attend another meeting,
although that meeting had been postponed. The Chairman also informed that the
46′th Meeting of the National Council (JCM) has been scheduled to be held on
15′th May 2010 under the Chairmanship of Cabinet Secretary. The Chairman also
reiterated the resolve of the Government to ensure early resolution of all the
anomalies by holding meaningful discussions with the staff side. Thereafter, the
Chairman invited the Leader and Secretary of Staff Side to make the opening
remarks before moving to the agenda items.
3. Leader of the Staff Side Shri M. Raghaviah
thanked the Chairman for convening the second meeting of the National Anomaly
Committee. He further stated that employees are anxiously waiting for the NAC to
produce results. Referring to the anomaly in the date of next increment, Shri
Raghaviah stated that this anomaly should be removed without any further delay.
He further stated that action taken on the minutes of the First meeting of NAC
should be discussed. Thereafter, Shri Raghaviah drew the attention of the
Committee towards the problems emanating from the modified ACP Scheme and
requested for early rectification of the same.
4. Secretary of the Staff Side Shri Umraomal
Purohit thanked the Chairman and stated that the report of the 6 th Pay
Commission is absolutely new and therefore, there are certain concerns which
must be addressed suitably. Referring to the issue of change in the definition
of anomaly which was raised during the first meeting of the NAG, he stated that
the Terms of Reference for the NAC constituted after the 5th CPC were jointly
agreed. He further stated that this agreed definition of anomaly was changed
after the 6thCPC and the Chairman had assured in the last meeting that this
should not lead to any problems. However, another related problem anticipated by
the staff side is that the present definition would form the basis for
formulating the Terms of Reference of the NAC after the 7th CPC and this could
lead to problems at that time. Therefore, while currently there may not be any
problem due to deletion of the particular para from the definition of anomaly.
but in future there could be some dispute regarding the agreed definition of
anomaly as generally, the government works on the basis of precedents. He,
therefore, requested that this aspect should be recorded in the minutes of the
meeting so as to obviate problems I disputes in future. He then referred to the
general recommendation of the 6th CPC that all such allowances, in respect of
which there was no specific recommendation, should be doubled. He further stated
about the recommendation of 6th CPC to discontinue certain allowances like the
Patient Care Allowance and Risk Allowance and to introduce new schemes in lieu
thereof in consultation with the staff side. He referred to a specific
recommendation of the 6th CPC regarding introduction of the Risk Insurance
Scheme to replace the Risk Allowance. He suggested that until the new schemes
are formulated by the Government, in consultation with the staff side, such
existing allowances should be continued and their rates must be doubled in view
of the general recommendation of the 6th CPC. Regarding the suggestion the
Chairman to first discuss the issues related to pensions, Shri Purohit stated
that the staff side has no objection to the same.Regarding the anomalies in the
MACP, Shri Purohit suggested that a Joint Committee comprising of members or the
official and staff side may be constituted to thoroughly examine the anomalies
in the MACP. The recommendations of the Joirlt Committee can be placed before
the NAC for a final decision in the matter. Referring to the various agenda
items before the NAC, Shri Purohit also stated that there is a need to work a
little faster. Shri Purohit also drew the attention of the Committee to the fact
that CCA has been abolished by the 6th CPC by merging it with the Transport
Allowance. He stated that prior to this, CCA was treated as ‘Pay’ for all
purposes, particularly for calculation of overtime in respect of industrial
workers. He was of the view that these kinds of unintentional problems emanating
from the 6th CPC report should not be overlooked. In the last, he once again
thanked the Chairman and stated that he was sure that all the anomalies would be
resolved under ‘ the leadership of Secretary (P).

5. The Chairman stated that the government also
recognise the need for faster resolution of all anomalies. The Chairman agreed
to the suggestion for creation of a Joint Committee to look into the anomalies
related to MACP. The Chairman while acknowledging the new structure and approach
of the report of the 6th CPC, re-iterated the suggestion given by him in the
first meeting of NAC that in case certain problems and difficulties are being
faced due to insufficient understanding with regard to ecommendations of the
report of the 6′th CPC, the same may be brought to the notice of the Department
of Personnel & Training so that these could be appropriately addressed and
clarifications/explanations may be issued I uploaded on the website of the
Department in order to obviate the need for future references on such matters.
With respect to change in the definition of the agreed definition of anomaly,the
Chairman stated that this aspect had already been recorded in the minutes of the
first meeting of the NAC and if needed, the same can again be recorded for
posterity that the staff side had taken up this issue in the NAC and it was
agreed that it would be the endeavour of the Government to ensure that this
change does not lead to any problems now or in the future. Regarding the new
schemes to replace some of the allowances like Patient care Allowance and Risk
Allowance, the Chairman assured the staff side that it would be the endeavour of
the Government to ensure that new schemes are introduced only afler consulting
the staff side. Regarding continuation of the risk allowance at old rates till
the new Risk Insurance Scheme is finalised, the Chairman agreed that this matter
will be examined.
6. Thereafter, the staff side raised the issue
relating to the revision of the Fixed Medical Allowance (FMA). ‘The
representatives of the Department of Pensions and Pensioners’ Welfare informed
that a proposal to revise the FMA has been moved and presently the same is under
consideration of the Committee of Secretaries. The Chairman stated the he will
take up the matter with the cabinet secretary regarding an early decision on the
matter.
7. Thereafter, the anomalies as per the agenda
were taken up for discussion:

Item No 9: Anomaly in pension
for government servants who retired/died in harness between 1 .1.2006 and
1.9.2008


Director, Department of Pension informed that during the first meeting of the
NAC, under this item, the issue of non release of second instalment of arrears
to the pensioners was raised. It was agreed that Department of Pension will take
necessary steps to sort out the problem. Director, Department of Pension
informed that in this connection, Secretary (P) took up the matter with the
Secretary, Department of Financial Services and the Department of Pension took
up the matter with the concerned authorities and now the problem has been
resolved. Regarding the issue of release of life time arrears to the family
pensioners, director,Department of Pension informed that suitable instructions
in this connection already exist. The Chairman suggested that  oncerned
instructions should be reiterated to ensure speedy release of life time arrears
to family pensioners. The item was treated as closed.

ltem Nos. 15. 16, 17 & 21:-
Parity/ modified parity in pension/revised pension/familypension of all pre-1996
retirees with those who retired on or after 01 .01.2006.
The Official Side stated that the matter has
been examined in detail on the basis of note given by the Staff Side. However,
it has not been found feasible to agree to the demand of the Staff Side as
revised pension has been fixed strictly in accordance with the  rinciples
enunciated by the 6″th CPC for the same. Director, Department of Pension further
informed that the matter was taken up with the Department of Expenditure and it
has been decided that the modified parity adopted will stand as the same method
was adopted after the implementation of the recommendations of the 5th CPC.
However, even after a prolonged discussion in the matter, there was difference
of opinion between the Official and the Staff Side. In view of this deadlock,
the Chairman stated that the view point the staff side has been understood by
the official side and that the official side will take a stand in the matter
after taking

into account the views expressed by the staff side. He then suggested moving on
to the next agenda item.

 
Item No.18: Anomaly in Pension of those
retiring within the first 9months of the year 2006..

Director, Department of Pension and Pensioners’ Welfare informed that
suitable instructions have already been issued to allow the last pay drawn as
the basis of pension calculation for those who retired on or after 1 .1,2006. As
the anomaly has already been resolved, it was decided to treat the item as
closed.

Item No.19: Revision of pension of those who retired during the period
1.1.2006 to 1.9.2008.

Director, Department of Pension and Pensioners’ Welfare informed that
suitable instructions have already been issued to the effect that the benefit of
full pension on retirement after 20 years of service has also been extended to
employees who retired between 1.1.2006 to 1.9.2008. As the anomaly has already
been resolved, it was decided to treat the item as closed.

ltem No.22:- Revision of pension of those who are receiving two
pensions.

Director, Department of Pension and Pensioners’ Welfare informed that
suitable instructions have already been issued vide O.M. dated 12th 0ctober 2009
to the effect that in respect of persons receiving two pensions, the floor
ceiling of basic pension of Rs.3500/- per month shall apply individually.
Therefore, it was decided to treat the item as closed.

ltem No.23:- Special provision for those who retired on or after
1.1.2006 but retained pre revised scale of pay.


Director, Department of Pension and Pensioners’ Welfare informed that although
such a case has not come to the notice of that Department, however, the matter
has been taken up with the Ministry of Finance and the same is under
consideration. After detailed discussion, it was decided that the staff side
will try to provide specific cases where problems are being faced due to

retention of prerevised pay scale. It was also decided to look into the
modalities adopted in such cases after the implementation of the recommendations
of the 5′th CPC.

ltem Nos.24.25 & 26:-Commutation of pension / additional pension

The staff side stated that the additional amount of pension commutation
due to retrospective revision of pay of post 31” December 2005 retirees, should
be done on the basis of the then existing (old) commutation table whereas the
government has decided that this should be done on the basis of the New
Commutation Table recommended by the 6thCPC. The staff side further stated that
this dispensation is anomalous and the then existing table should only be used
to calculate the amount of the additional commutation of pension becoming due on
account of the revision of pay scales. The official side stated that the 6th CPC
has recommended that if a pensioner opts for additional commutation of pension
due to retrospective revision of pay, then the amount of additional pension
commutation should be calculated on the basis of the New Commutation Table. It
was further clarified by the official side that if the concerned pensioner did
not opt for additional commutation, then the issue of using the new or old table
would not come into being. Therefore, the alternative of not opting for the
additional commutation is already available to the concerned pensioners if they
feel that the revised commutation table is not favourable to them. Moreover, the
official side also clarified that as per the scheme of things approved by the
cabinet, the revised commutation table is to be used for calculating only the
future commutation of pension and will not be applied to the past commutation.
In respect of* pensioner who has already commuted the pension, the revised
commutation table shall be used only to compute the amount of pension that has
become additionally commutable due to retrospective implementation of the
revised pay scales. After detailed discussion on the matter, it was decided that
as the new dispensation has been formulated strictly in accordance with the
recommendations of the 6′th CPC However, there was no consensus on the item and
it was decided to move to the next agenda item.

ltem No 36; Income criteria in respect of parent and widowed/ divorced/
unmarried daughters.

The staff side demanded as everyone does not get Dearness Allowance
(DA), the limit of Rs.35001- plus DA should be converted into a fixed amount for
deciding the income criteria in respect of parent and widowed1 divorced1
unmarried daughters. After detailed discussion, it was agreed that the official
side will re-examine the issue.

ltem No.48- Restoration of commutation of pension after 12 years instead
of 15 years.

Director, Department of Pension and Pensioners’ Welfare informed that
after examining the matter in detail, the 6th CPC has recommended that the
existing 15 years period for restoration of pension should be maintained.
However, the staff side was of the opinion that the commuted portion of pension
is actually recovered by the Government within 12 years and therefore there is a
need to have a relook in the matter. The staff side also referred to their
calculations in this regard and requested the Official Side to

reconsider the matter. After detailed discussion, it was decided that Official
Side will re-examine the calculation given by the Staff Side and also the
calculations used by the 6′th CPC.

ltem Nos.54 to 59

The official Side informed that item nos. 54 to 59 relate to anomalies
pertaining to Union Territory of Puducherry. It was further informed by the
Official side that the administration of Puducherry has constituted an Anomaly
Committee at the local level. Therefore, it was agreed that these items may be
dropped from the agenda of the National Anomaly Committee. However, the staff
side also stated that the Anomaly Committee constituted by the Administration of
Puducherry should be on the pattern of the departmental anomaly committees and
staff side should also be given due representation in the same.

ltem Nos.52 & 53

The Official Side informed that these two items relate to anomalies
pertaining to the Union Territory of Andaman & Nicobar Islands and therefore
suggested that the same may also be dropped from the agenda of NAC. The Staff
Side agreed with the suggestion subject to the condition that some mechanism
should be evolved at the local level to discuss these anomalies. The Official
Side agreed to take up the matter with the Ministry of Home Affairs.

Aqenda Item Nos. 1 to 4 & 5(iii)- Anomaly in Pay Fixation in case of
merger of various Pay Scales.

The Staff Side reiterated their demand that since the pre-revised Pay
Scales of Rs.5000-8000/-, Rs.5500-9000/- were merged with the pay scale of
Rs.6500-10500, the pay of the incumbents holding the pay scales of
Rs.5000-8000/- and Rs.5500-9000 should have been fixed with effect from 
1.1.2006 by applying the multiplying factor of 1.86 at Rs.6500/-. The Official
Side informed that incumbents in the pre revised pay scale of Rs.6500-10500 have
been granted Grade Pay of Rs.4600/- and hence now, there is no justification for
this demand. The staff side, however, stated that it would be incorrect to
presume that the anomaly has been resolved by granting grade pay of Rs. 4600 to
employees in the pre-revised scale of Rs. 6500-10500. The staff side stated that
pre-revised pay scales of Rs 5000-8000/- and Rs 5500- 90001- have been merged
with the pre-revised pay scale of Rs 6500-10500/- and therefore, employees in
these pay scales should be given the minimum of Rs 6500/- multiplied by 1.86 as
basic pay in the pay band.
Agenda Item No.5- Revised Pay Rules
(i) Regarding finalisation of option to be given
by the employees for the purpose of pay fixation, it was informed by the
representatives of the Department of Expenditure that matter regarding
delegation of powers to the administrative Ministries/ Departments to allow the
revised option is under consideration.
(iv) Regarding anomaly in fixation of pay
between direct recruits and promotees, the Staff Side reiterated that while
applying Rule 8 of the CCS (RP) Rules, 2008, the pay of direct recruits and new
entrants is fixed at a higher stage when compared to the existing employees who
were promoted in the same grade. The Staff Side demanded that this anomaly
should be rectified by incorporating a provision that in case after 1.1.2006, if
a promotee’s pay is getting fixed at a stage lower than that of a direct recruit
as given in Section 2 of the First Schedule of the CCS (RP) Rules, then the pay
of the promotee should be fixed at the same stage as that of a direct recruit/
new entrant so that the existing employees’ pay is protected at par with the pay
given to a new entrant. The Staff Side referred to the orders issued by) the
Ministry of Railways for stepping up of the pay of a senior employee who is
after promoted after 1.1.2006 and if his / her pay is fixed at a stage less than
that of a junior employee who is recruited after 1.1.2006 and requested that
Department of Expenditure should issue similar order/ clarification in respect
of employees of other Ministries/ Departments. The Official Side, however, was
of the opinion that such orders should be issued only by the concerned
Ministries/ Departments after seeking approval of the Department of Expenditure.
Representatives of the Department of Expenditure also informed that the order
issued by the Ministry of Railways is not applicable to all the cases and also
that the same is applicable only in certain cases subject to fulfilment of
certain conditions. Therefore, Representatives of the Department of Expenditure
were of the view that a general order in this regard might create more confusion
and hence it would be prudent to deal with the issue on case to case basis. In
response to the suggestion of the staff side to re-examine the matter,
representatives of the Department of Expenditure stated that the matter has
already been examined and in cases, where the conditions of stepping up are met,
there is no difficulty. However, in cases, where certain conditions are not met,
it may not be possible to accommodate

the demand of the staff side with the broad principles envisaged by the 6′th CPC
in this regard. The staff side than stated that as per the relevant provisions
of the Fundamental Rules, anybody who is promoted, his / her pay cannot be fixed
at a stage lower than the minimum of the pay scale in which he /she has been
promoted. The staff side further stated that any person, who is appointed afresh
to a post, is normally appointed at the minimum of that pay scale. Therefore,
whatever pay has been prescribed for a direct recruitee, has to be treated as
the minimum of that particular post in the concerned pay band. On this basis,
the staff side stated that pay of a promotee should not be fixed lower than that
of a direct recruitee in a particular pay band. The representatives of the
Department of Expenditure stated that as a general preposition, this is not in
line with the scheme of things envisaged and implemented as result of the
recommendations of the 6th CPC. Therefore, agreeing with the demand of the staff
side would mean departing from the general recommendations of the 6′h CPC and
therefore additional information is required before taking any decision on this
matter. In this regard the staff side contended that it is a question of
relevant Fundamental Rules and not regarding the recommendations of the 6th CPC.
The Staff Side insisted that provisions of the Fundamental Rules are statutory
and therefore, they are above the recommendations of the 6′h CPC and would
prevail over them. Representatives of the Department of Expenditure stated that
as per Rule 15 of the CCS (RP) Rules, 2008, the provisions of CCS (RP) Rules
2008 shall prevail in case there is any inconsistency between these rules and
Fundamental Rules and therefore, the contention of the Staff Side regarding
inconsistency with the Fundamental Rules and provisions regarding fixation of
pay on promotion is not correct. After a prolonged discussion on the matter, it
was decided that the Official Side will re-examine the matter.
(v) Regarding the anomaly relating to Rule 9 of
the CCS (RP) Rules, 2008, concerning the date of next increment, the Staff Side

reiterated their demand that employees whose date of next increment falls
between 1st February to 1st June may be given an increment, as a onetime
measure, in the pre revised pay scales on 1.1.2006 as has already been done in
respect of employees whose next date of increment was 1.1.2006. The
representatives of the Department of Expenditure stated that it is important to
first examine the repercussions of granting an increment w.e.f 1. 1. 2006 in the
pre revised pay scale because such a decision may eventually lead to certain
other anomalies. After a long discussion, it was agreed that the Official Side
would re- examine the matter and either suitable clarification in this regard
will be issued before the next meeting of the National Anomaly Committee or if
there is a need, the Department of Expenditure shall discuss the matter again
with the representatives of the Staff Side.
(vii) The issue regarding temporary status
casual labourers was discussed. The Staff Side stated that the temporary status
casual labourers should be imparted the requisite training and granted grade pay
of Rs.1800/- w.e.f. 1.1.2006. In this connection, the Official Side informed
that the Department of Personnel & Training has already taken up the matter with
all Ministries/ Departments and information has been called from all Ministries
/ Departments regarding the number of temporary status casual labourers and

the proposals relating to three Ministries/ Departments have already been
cleared. It was also informed that no proposal of any Ministry/ Department is
pending with the Department of Personnel & Training. Therefore, the required
action has already been initiated in this regard. Agenda Item No.47: Date of
Annual Increment in EOL cases The Staff Side stated that after the
implementation of the recommendations of the 6′h CPC, the date of annual
increment in respect of all the employees has been fixed as 1st July every year.
In this regard, the Staff Side drew attention towards a clarification given by
the Department of Personnel & Training to the Ministry of Defence that in case
of qualifying service of less than six months has been rendered between 1st
January and 30′~ June of every year on account of EOL, this will have the effect
of postponing one’s increment to 1′ July of next year. The Staff Side stated
that this is quite an anomalous situation and requested that this anomaly should
be removed at the earliest. After a detailed discussion on this subject, it was
agreed that if an employee has rendered minimum of six months of qualifying
’service during a particular year, he or she should be entitled to get the
annual increment on 1st July. It was also agreed that Official Side would issue
appropriate instructions in this regard at the earliest.
8. In the end, the chairman thanked the members
of the staff side for their help and cooperation for a rigorous and fruitful
discussion. The Chairman reemphasised that the staff side should proactively
share with the official side the queries about the report of the 6th CPC so that
explanatory notes / clarifications etc. could be prepared and uploaded on the
website of the

Department of Personnel and Training. The Chairman also requested the Staff Side
to quickly forward the names of the representatives of the staff side to be
nominated as members in the Joint Committee on MACP so that the order regarding
constitution of the Joint Committee could be issued. The Chairman then suggested
that the next meeting of the National Anomaly

Committee could be convened in the last week of June 2010. The staff side agreed
with this suggestion.
 S.no  OFFICIAL SIDE STAFF SIDE
1 Shri P.K. Sharma,

Addl. Member (Staff), Min. of Railways
 Shri M.Raghavaiah,

Leader
2 Shri C.B. Paliwal,

Joint Secretary, DOPT
 Shri U.M. Purohit,

Secretary
3 mt. Madhulika P. Sukul,

JS (Pers), Dlo Expenditure
Shri Rakhal Das Gupta,

Member
4 Ski Ramesh Kumar,

Joint Secretary & AFA, Min. of Defence
 Shri R.P.Bhatnagar,

Member
5 Shri D.M. Gautam,

Ex. Dir. (Pay Commission-I), Ministry of

Railways, (Railway Board)
 Shri Guman Singh,

Member
6 Smt. Anjali Goyal

Ex. Director, Min. of Railways
 Shri C.Srikumar,

Membe
7 Shri Hari Krishan,

Director, Minism of Railways
 Shri S.K. Vyas,

Member
8 Shri Raj Kumar,

Director, Deptt. of Posts
Ski Ch.Sankara Rao,

Member
9 Shri Surender Kumar,

Asstt. Director General, Deptt. of Posts
Shri R.Srinivasan,

Member
10 Shri Raj Singh,

Director, Deptt. of Pensions
Shri K.K.N. Kutty,

Member
11 Smt. Tripti P. Gho’sh

Director, Dlo Pensions
 Shri S.G. Mishra,

Member
12 Shri Alok Saxena,

Director (IC), Deptt. of Expenditure
-
13 Smt. Simmi Nakra,

Director (P&A), DOPT
-
14 Smt. Rita Mathur,

Director (Pay), DOPT
-
15 Shri Dinesh Kapila,

Deputy Secretary (JCA), DOPT and

Member Secretary,

National Anomaly Committee
-
16 Shri Ravi Kant,

Section Officer (SR), D/o Posts
-

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