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 Anomaly Committee 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 27thMarch, 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)
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 46th Meeting of the National
Council (JCM) has been scheduled to be held on 15th 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 6th 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 6th CPC 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 Joint 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 / 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 1.9.2008Director,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 6th 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.
ltem No.18: Anomaly in
Pension of those retiring within the first 9 months 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 59The 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 & 53The 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.
| OFFICIAL SIDE | STAFF SIDE |
| 1 | Shri P.K. Sharma,
Addl. Member (Staff), Min. of Railways | 1. Shri M.Raghavaiah,
Leader |
| 2 | Shri C.B. Paliwal,
Joint Secretary, DOPT | 2. Shri U.M. Purohit,
Secretary |
| 3 | mt. Madhulika P. Sukul,
JS (Pers), Dlo Expenditure | 3. Shri Rakhal Das Gupta,
Member |
| 4 | Ski Ramesh Kumar,
Joint Secretary & AFA, Min. of Defence | 4. Shri R.P.Bhatnagar,
Member |
| 5 | Shri D.M. Gautam,
Ex. Dir. (Pay Commission-I), Ministry of
Railways, (Railway Board) | 5. Shri Guman Singh,
Member |
| 6 | Smt. Anjali Goyal
Ex. Director, Min. of Railways | 6. Shri C.Srikumar,
Membe |
| 7 | Shri Hari Krishan,
Director, Minism of Railways | 7. Shri S.K. Vyas,
Member |
| 8 | Shri Raj Kumar,
Director, Deptt. of Posts | 8. Ski Ch.Sankara Rao,
Member |
| 9 | Shri Surender Kumar,
Asstt. Director General, Deptt. of Posts | 9. Shri R.Srinivasan,
Member |
| 10 | Shri Raj Singh,
Director, Deptt. of Pensions | 10. Shri K.K.N. Kutty,
Member |
| 11 | Smt. Tripti P. Gho’sh
Director, Dlo Pensions | 1 1. 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 | - |
