Thursday, May 6, 2010

Official Minutes of the Second Meeting of the National Anomaly Committee 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 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 27th March, 2010
in Conference Hall (Room No. 119), North Block, New Delhi under the
Chairmanship of Secretary (Personnel) for information and necessary action.
Deputy Secretary (JCA)
2369 2589
To
All Members of the National Anomaly Committee as per list
attached.
Copy to :-
1) PPS to Secretary (P)
21 PS to JS (E)
Copy also to:-
/ .,,& Don with the request to upload the minutes on the website
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 27Ih 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 12Ih 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'h
Meeting of the National Council (JCM) has been scheduled to be held on 15'~
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'h 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 5'h CPC were jointly agreed. He
further stated that this agreed definition of anomaly was changed after the 6Ih
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 7Ih 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 6'h CPC that all such allowances, in respect of
which there was no specific recommendation, should be doubled. He further
stated about the recommendation of 6Ih 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 6Ih 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 6Ih 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 6Ih 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 6Ih 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 6Ih 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 recommendations of the report of the
6'h 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. Thereafler, 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. Thereafler, the anomalies as per the agenda were taken up for
discussion:
Item No 9: Anomaly in pension for government servants who retiredldied
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 ub
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 concerned 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 8 21:- Paritvl modified parity in pensionlrevised
pensionlfamilv pension 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 principles enunciated by the 6" 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 r o s e retizing 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 .I,2 006. 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 durinq 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 .ZOO6 to 1.9.2008. As the anomaly hhs
already been resolved, it was decided to treat the item as closed.
ltem No.22:- Revision of pension of those who are receivinq two
pensions.
Director, Department of Pension and Pensioners' Welfare informed that
suitable instructions have already been issued vide O.M. dated 12'~ 0ctober
2009 to the effect that in respect of persons receiving two pensions, the floor
4
ceiling of basic pension of Rs.35001- 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'h CPC.
ltem Nos.24.25 8 26:-Commutation of pension I 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 6ht CPC. 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 6Ih 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'h 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 widowed1 divorced1
unmarried dauqhters.
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 6Ih 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'h CPC.
ltem Nos.54 to 59
The official Side informed that item nos. 54 to 59 relate to anomalies
pertaining to Union Territory of Puducherv. It was further informed by the
Offic~aSl ide 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 Pav Fixation in case of
merger of various Pav Scales.
The Staff Side reiterated their demand that since the pre-revised Pay
Scales of Rs.5000-80001-, Rs.5500-90001- were merged with the pay scale of
Rs.6500-10500, the pay of the incumbents holding the pay scales of
Rs.5000-80001- and Rs.5500-9000 should have been fixed with effect from
1.1.2006 by applying the multiplying factor of 1.86 at Rs.65001-. The Official
Side informed that incumbents in the pre revised pay scale of Rs.6500-10500
have been granted Grade Pay of Rs.46001- 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 5000-80001- and Rs 5500-
90001- have been merged with the pre-revised pay scale of Rs 6500-105001-
and therefore, employees in these pay scales should be given the minimum of
Rs 65001- multiplied by 1.86 as basic pay in the pay band.
Agenda Item No.5- Revised Pav 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 Ministriesl 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 recruit1
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 I 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 order1 clarification in
respect of employees of other Ministriesl Departments. The Official Side,
however, was of the opinion that such orders should be issued only by the
concerned Ministriesl 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'h
CPC in this regard. The staff side than stated that as per the relevant
provisions of the Fundamental Rules, anybody who is promoted, his I her pay
cannot be fixed at a stage lower than the minimum of the pay scale in which
he lshe 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 ~nformation
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 1"' February to 1%' 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.18001-
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
Ministries1 Departments and information has been called from all Ministries I
Departments regarding the number of temporary status casual labourers and
the proposals relating to three Ministries1 Departments have already been
cleared. It was also informed that no proposal of any Ministry1 Department is
pending with the Department of Personnel & Training. Therefore, the required
action has already been initiated in this regard.
Aqenda 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 1' 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 1' 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 1' 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 €jib CPC so that explanatory notes I
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.
ANNEXURE
DEPARTMENT OF PERSONNEL & TRAWING
LIST OF PARTICIPANTS WHO ATTENDED THE SECOND MEETING OF THE
NATIONAL ANOMALY COMMITTEE HELD ON 27TH MARCH, 2010 AT 10.30
AM IN ROOM NO. 11 9, NORTH BLOCK, NEW DELHI.
CHAIRMAN - SECRETARY (PERSONNEL)
OFFICIAL
1
2
3
4
5
6
7
8
9
10
11
12
SIDE
Shri P.K. Sharma,
Addl. Member (Staff), Min. of Railways
Shri C.B. Paliwal,
Joint Secretary, DOPT
Smt. Madhulika P. Sukul,
JS (Pers), Dlo Expenditure
Ski Ramesh Kumar,
Joint Secretary & AFA, Min. of Defence
Shri D.M. Gautam,
Ex. Dir. (Pay Commission-I), Ministry of
Railways, (Railway Board)
Smt. Anjali Goyal
Ex. Director, Min. of Railways
Shri Hari Krishan,
Director, Minism of Railways
Shri Raj Kumar,
Director, Deptt. of Posts
Shri Surender Kumar,
Asstt. Director General, Deptt. of Posts
Shri Raj Singh,
Director, Deptt. of Pensions
Smt. Tripti P. Gho'sh
Director, Dlo Pensions
Shri Alok Saxena,
Director (IC), Deptt. of Expenditure
STAFF SIDE
1. Shri M.Raghavaiah,
Leader
2. Shri U.M. Purohit,
Secretary
3. Shri Rakhal Das Gupta,
Member
4. Shri R.P.Bhatnagar,
Member
5. Shri Guman Singh,
Member
6. Shri C.Srikumar,
Member
7. Shri S.K. Vyas,
Member
8. Ski Ch.Sankara Rao,
Member
9. Shri R.Srinivasan,
Member
10. Shri K.K.N. Kutty,
Member
1 1. Shri S.G. Mishra,
Member
Smt. Simmi Nakra,
Director (P&A), DOPT
Smt. Rita Mathur,
Director (Pay), DOPT
Shri Dinesh Kapila,
Deputy Secretary (JCA), DOPT and
Member Secretary,
National Anomaly Committee
Shri Ravi Kant,
Section Officer (SR), D/o Posts

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