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Agenda for National Anomaly Committee Meeting Part-1

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We are all aware that the date of next National Anomaly Committee Meeting has been fixed on 1707.2012.  Everybody would be expecting the outcome of this meeting very eagerly as it is a main platform where many important issues relating to central government employees’ service matters are discussed between administration and representatives of staff/employees.

We are giving the agenda formulated for this meeting in 6 parts (10 points in each part)

ITEM NO.1

PAY FIXATION IN CASE OF MERGER OF PREREVISED PAY SCALE.

In para 2.2.19 (vii) page 45 of the VI CPC report the Commission has stated that this merger has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales have (are being ) merged.

However, the pay in the pay band in respect of the pre-revised Pay Scale of Rs. 5000-8000 has been fixed at Rs. 9300 (i.e. Rs. 5000X1.86) and that of the pre revised Pay Scale Rs. 5500-9000 at Rs. 10230 (i.e. Rs. 5500X1.86).

In Rule 7(1) (A) of the Central Civil Services (Revised Pay) Rules, 2008, it has been laid down that:-

i) The pay in the pay band / pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

ii) If the minimum of the revised pay band/pay scale is more then the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the pay band / pay scale.

Since the pre-revised pay scale of Rs. 5000-8000, Rs. 5500-9000, Rs. 6500-6900 and Rs. 6500-10500 have been merged with the Pay Scale of Rs. 6500-10500 its pay in the pay band should have been revised as Annexure-1.

ITEM NO. 2

DENIAL OF MONETARY BENEFIT IN THE MATTER OF FIXATION OF PAY WHILE GRANTING HIGHER REPLACEMENT SCALE.

Railway Boards vide their letter No. Pc-VI/2008/1/RSRP/1 dated 25.9.2008 have issued clarification that where all posts in a particular grade have been granted higher replacement pay scale / grade pay, their fixation will be done with reference to their fitment table corresponding to the pre-revised pay scale instead of upgraded pay scale. This provision denied the due benefit of fixation of pay in the upgraded scale.

According to the existing practice when a post is upgraded, say from Rs. 6500-10500 to Rs. 7450-11500/- the pay is fixed with reference to the fixation table provided for Rs. 7450-11500/-.

It is urged that when a post is upgraded the fixation of pay should be done on the basis of the upgraded pay scale.

ITEM NO. 3

FIXATION OF PAY IN REVISED PAY SCALE

The VI CPC in para 2.2.19 (vii) has indicated that where pre revised pay scales have been merged it has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales are being merged. Accordingly it has also been stipulated in 7(1) (A) of the CCS (Revised Pay) Rules, 2008 that if the minimum of the Revised Pay Band / Pay Scale is more that what is determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding of the resultant figure to the next multiple of 10, the pay shall be fixed at the minimum of the revised Pay Band / Pay Scale. Note 2B below Rule 7, ibid and illustration 4B given in the Explanatory Memorandum to the Revised Pay Rule apply to cases of merger of Pay Scales. Note 2 B states that pay in the revised Pay Bands will be fixed in the manner prescribed in accordance with Clause (A) (i) And clause (A) (ii) of Rule 7. In illustration 4B a case of an employee in the pre revised pay scale Rs. 5000-8000 drawing Rs. 5600 as on 1.1.2006 in the pay scale of 6500-10500 has been indicated with which the pay scale of Rs. 5000-8000 stands merged.

Taking these into account the pay in the Pay Band in the case of all employees in the Pay Scales of Rs. 5000-8000 and Rs. 5500-9000 has to be fixed at Rs. 6500 multiplied by 1.86 i.e. Rs. 12090. The fixation tables for pay scales 5000-8000 and 5500-9000may therefore be modified fixing the pay in the pay band at Rs. 12090 wherever it is less than that amount.

Illustration 4B in the explanatory memorandum to the Revised Pay Rules 2008 may be modified as under:-

Existing Scale of Pay 5000-8000
Pay Band PB-2 9300-34800
Merged with Pay Scale 6500-10500
Existing Basic Pay as on 1.1.06 Rs.5600Pay in the PB-2 Rs.5600 X 1.86 = 10420 As per Clause (A) (i) of Rule 7(i) of Revised Pay Rules 2008
Pay in the PB-2 Rs.6500- X 1.86 = 12090 As per Clause (A) (ii) of Rule 7 (i) of Revised Pay Rules 2008
Grade Pay Rs.4200Revised Basic Pay Rs.16290

ITEM NO.4

FIXATION OF PAY FOR NEW RECRUITS IN THE GRADE PAY OF Rs. 4200/- 

The Sixth Pay Commission recommended the merger of the Pay scales of Rs. 5000-150-8000 and 5500-175-9000 with the pay scale of Rs. 6500-200-11500 with the intention of giving benefit to the earlier two scales. However, while issuing the notification of CCS (revised Pay) Rule 2008, the scales of 5500-175-9000 and 6500-200-11500 were brought down and merged with the scale of Rs. 5000-150-8000. Consequently the entry pay for direct recruits of the Grade Pay of Rs. 4200 has been revised by multiplying 5000 X 1.86 = 9300 + 4200 total Rs. 13500/- in place of multiplying 6500 X 1.86 = 12090 + 4200 total Rs. 16290/- which is contrary to the Sixth Pay Commission recommendation.

Rectification of this anomaly should be done by multiplying 6500 by 1.86 which comes to Rs. 12090/- in place of Rs. 9300/- (5000X 1.86) in order to give the desired benefit to the merged scales.

ITEM NO. 5
ON REVISED PAY RULES. 2008

(i) Option
it has been mentioned under sub rule 4 thereof that the option once exercised shall be final and should be exercised within three months from the date of notification of the rule vide Sub rule I thereof. Since it is very difficult to comprehend and assess the implication of such option, we propose that the first option exercised within three months may not be treated as final and the employees be permitted to revise the option within six month of the date of exercising the first option.

(ii). Special allowance and qualification pay which are taken for fixation purposes on promotion should be doubled with effect from 1.1.2006 and not from 1.9.2008 as it cannot be construed to be an allowance. If this is not done, senior employees will suffer loss in emoluments, in case of persons who are promoted during the period between 1.1.2006 and 1.9.2008.

(iii). Clarification No. 6(ii) issued vide O.M. No. F.1.1.2008-IC dated 13.9.2007 is in conflict with the mode of fixation as given in illustration 4A in the explanatory memorandum to the Revised Pay Rules, 2008 referred to in Note 2A to Rule 7. In the case of upgraded Pay Scale the pay is to be fixed in the manner prescribed in accordance with A (i) and (ii) of Rule 7 by multiplying the existing Basic Pay as on 1.1.2006 by a factor i.e. 1.86 and rounding the resultant figure to the next multiple of ten. The clause A (ii) of Rule 7 stipulates that it the minimum if the revised pay Ban / Pay scale is more than the amount arrived at by multiplying the existing Basic Pay by a factor of 1.86 and rounding to the next multiple of ten, the pay shall be fixed at the minimum of the revised pay Band / Pay scale. In other words the revised Pay Band arrived at with reference to the existing Basic pay should not be less than the minimum of the upgraded Pay Scales. This aspect has been ignored in the clarification No.6 (i) of the OM dated 13.9.2008. Therefore this may be withdrawn.

(iv). Rule 8 of the Revised Pay Rules. On going through the table for fixation given for new entrants and the existing employees in the same stage (especially at the minimum of the scale of pay) we find that the new entrants are fixed at a higher stage compared to the existing employees as per illustration given Annexure-2.
(v) Rule 9. Date of next increment: It is seen after going through the stipulation in the above rules that a person whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre revised pay scale and will get the next increment in the revised pay structure oh 1.7.2006 i.e. on expiry of six months. Similarly those, whose next increment is between 1st July 2006 and 1st December, 2006 would also be granted next increment in the revised pay structure on 1.7.2006. On the other hand, the persons whose increment dates are between 1st Feb. 2006 and 1st June 2006 have to wait for more than 12 months to get the next increment on 1.7.2006. This is quite anomalous. In the case of those who retire during the period between 1st Feb. and 30th June, they will suffer a loss of one increment perpetually thus affecting their pension. It is, therefore proposed that the persons whose increment falls between 1st February and 1st June, 2006 may be given one increment on 1.1.2006 as a one time measure.  Tax deduction from salary: Spread over of the arrears of salary is permissible under section 89 (a) of the I.T. Act. No tax will thus become payable by Group D employees on account of receipt of arrears eventually. Therefore, executive instructions may be issued not to deduct any tax from the arrears payment pertaining to the Group D employees. In respect of others, they may be allowed to exercise option to tax the arrears either on receipt basis or accrual basis.  Temporary Status Casual Labourers As per existing scheme the employees who are afforded temporary status are paid the wages computed with reference to the minimum of the corresponding scale of pay of regular employees. In the case of Group D temporary status employees, it will become necessary that they are afforded the requisite training if they are non-matriculates.

ITEM NO. 6

BENEFIT ON PROMOTION

It is an accepted proposition that an employee when promoted to a higher post involving higher responsibility should get a suitable raise in his salary. It was on this consideration that FR 22-C was framed whereby the promote was first granted an increment in the lower Pay Scale and then fixed at the appropriate (next) state in the higher grade.

At the time of V CPC it was agreed that minimum increase in salary on promotion shall not be less then Rs. 100/- There are certain grades in which, on promotion, a hike of Rs. 650/- is being allowed with reference to pre-revised pay scale.

In these circumstances grant of only one increment in the lower Pay Band / Pay scale and difference in grade pay, if there be any, being granted on promotion is certainly inadequate. We therefore propose that minimum benefit on promotion should not be less than 10% of the Pay+Grade Pay of the feeder post.

ITEM NO.7

FIXATION OF PAY ON PROMOTION

The minimum Entry pay with Grade Pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 has been specific vide first Schedule, Part –A, Section II of the Gazette Notification of the Govt. of India, Ministry of Finance No. G.S.R. 622 (E) dated 29.8.2008.

On promotion, the pay of the promotees should not be less than the direct recruits.

In VI CPC structure there is no pay scale and new concept of grade pay has been inducted, which should determine the status. As such the following provisions need to be inserted below clarification 2. „The method of Fixation of Pay on promotion on or after 1.1.2006.

“on promotion to the higher grade pay of an employee should be fixed appropriately and in any case it should not be less than the entry Pay in the revised pay structure for direct recruits appointed on of after 1.1.2006 for the post.” further, on promotion to the next higher grade pay an employee should be fixed by adding 10% of pay, plus the grade pay as demanded by NC/JCM in its memorandum submitted to the Chairman, NC/JCM/Cabinet secretary on 8.4.2008.

ITEM NO. 8

RE-FIXATION OF PENSION / FAMILY PENSION

Para 9 of the Ministry of Personnel, Public Grievances and Pension‟s O.M. No. F.No. 38/37/08-P&PW (A) dated 1.9.2008 states as under:-

“The consolidated pension / family pension as worked out in accordance with provisions of para 4.1 above shall be treated as final basic pension with effect from 1.1.2006 and shall qualify for grant of Dearness Relief sanctioned thereafter.”.

This has left uncovered the provision made in para 4.2 of the same OM, which lays down as under:-

“The fixation of pension will be subject to the provision that the revised pension in no case, shall be lower than fifty present of the minimum of the pay in the pay band plus the grade pay corresponding to the pre- revised pay scale from which the pensioner had retired. In the case of HAG + and above scales, this will be fifty percent of the minimum of the revised pay scale.”

Since re-fixation of pension has been allowed both under paras 4.1 and 4.2, they should both he covered in para 9 of the OM. It is requested that para 9 of the said OM may be revised including both paras 4.1 and 4.2 thereof.

ITEM NO. 9

ANOMALY IN PENSION FOR GOVERNMENT SERVANTS WHO RETIRED/DIED IN HARNESS BETWEEN 1.1.2006 AND 1.9.2008

The Sixth Central Pay Commission lays down inter-alia that once an employee renders the minimum pensionable service of 20 years, pension should be paid at 50% of the average emoluments received during the past 10 months or the pay last down, whichever is more beneficial to the retiring employee.

As per the Ministry of Personnel, Public Grievances and Pension O.M. F.No. 38/37/08-P&P(W)(A) dated 2nd September 2008, these orders shall come into force with effect from the date of issue of this OM, namely 2nd September 2008 and shall be, applicable to all Government Servants becoming entitled to pension after rendering the minimum qualifying service of 20 years or on completion of 10 years qualifying service in accordance with rule 49(2) of the CCS (Pension) Rules, 1972.

However, the Govt. servants who have retired on or after 1.1.2006 but before the date of issue of this OM (2.9.2008) have been debarred from this benefit. They will be governed by the rules/ orders which were in force immediately before coming into effect of these orders. In other words their pension will be calculated on average emoluments received during the last 10 months and not on the actual pay last drawn. It is requested that this discrimination should be removed.

ITEM NO. 10

COMMUTATION OF PENSION 

The minimum period of service for eligibility for pension is 10 years. For appointment to Government Service the minimum age is 18 years. In view of this, if a person is appointed at the age of 18 years he cannot become eligible for pension unless he has served for a period of at least 10 years and attained the age of 28 years i.e. when his birthday falls in the 29th years.

The table adopted a per the Ministry of Personnel, Public Grievances and Pension‟s OM No. 38/37/08- P&PW (A) dated 2.9.2008 shows the minimum age of next birthday after retirement as 20 which is not understood. It is requested that suitable amendment to the table referred to may be notified.

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