CHILD CARE LEAVES IN RESPECT OF CENTRAL GOVERNMENT WOMEN EMPLOYEES AS A RESULT OF SIXTH PAY COMMISSION REPORT.
On the basis of the recommendation of the Sixth CPC, Child Care Leave (CCL) was introduced by the Govt. This facility for the women employees in fact a landmark recommendation by the Pay Commission in the area of reform under modern work culture. The decision by the Govt. to accept this recommendation is also equally historical which has been wide publicity by all sections of the print and electronic media. Child Care Leave is one of the right steps towards the welfare of women employees which will bring persified results in the area of small family norms. It would definitely be a great relief to women employees having girl children, particularly having a single girl child. No.doubt a single girl child requires more attention and presence of her mother.
However ignoring all the above social issues, DoPT has issued the latest clarification which has taken away the spirit and enthusiasm of the women employees. As per the clarification issued by the DoPT vide its OM No.13018/2/2008-Estt(L) dated 18 Nov. 2008 this landmark facility has become as good as withdrawn as one of the conditions in the classificatory orders clearly stipulates the CCL can be availed only if the employee concerned has no Earned Leave at her credit.
It is proposed that the above clarification order may kindly be withdrawn as the VI CPC had not indicated that the leave will be available only in the event of there being no leave at the credit.
ITEM NO. 32
CUMULATIVE LOSS IN WAGES AS A RESULT OF NEW FIXATION FORMULA ON PROMOTION TO THE NEXT HIGHER GRADE.
As per extant rules and procedure the pay of a person on promotion is fixed taking into account the number of increments drawn plus one additional increment and in any case the minimum pay in the next higher scale was assured and granted. As on example, staff in scale Rs.3050-4590/-, when promoted to scale Rs.4000-6000/- / 4500-7000/- his pay is fixed taking into the account the number of increments drawn plus one additional increment under Rule FR-22/C and in any case not less than the minimum of the pay in the promoted scale i.e. rs.4000/4500. As per clarification No.2, of the order under reference the same provision is absent.
Para 12 (ii) of the Ministry of finance (Department of Expenditure) Notification .GSR 622 (E) dated
29.8.2008 is specific about this. Railway Board should amend their order (PC VI/2008/1/RSRP/1 dated
As per provision of the first scheduled, Part “A‟ section II, the entry pay in the revised pay structure for
direct recruits appointed on or after 1.1.2006 has been prescribed as follows:-
|Grade Pay||Pay in the Pay Band||Total|
|Grade Pay||Pay in the Pay Band||Total|
It is however seen that an existing employee in the ore revised Pay scale (S-6) rs.3200-4900 drawing pay of Rs.3455 (i.e. 4th Stage) will be fixed at Rs.8430/-p.m. whereas a fresh recruit in the same scale if appointed on or after 1.1.2006 shall be given Rs. 8460.
Similarly an employee drawing Rs.4000 in the pre-revised pay scale (4000-6000) (S-7) will be fixed at Rs.9840 whereas a fresh recruit appointed on or after 1.1.2006 would be given Rs. 9910.
An existing employee in pre-revised Pay Scale Rs.4500-7000 (S-8) will be fixed at 11,170 whereas a fresh recruit appointed on or after 1.1.2006 will be give Rs. 11360.
It is proposed that it may be provided in the rules that pay of the existing employee shall not be fixed at a stage lower than the pay at which a fresh recruit appointed on or after 1.1.2006 is fixed.
NEW RECRUITS GETTING MORE PAY THAN PROMOTEES IN THE SAME PAY BAND AND GRADE PAY
In many cases, an individual promoted to Grade Pay of Rs. 4600 or Rs. 4800 (Pre Revised 7450-225- 1150 and 7500-250-13000) after 01 January 2006 is drawing less pay than direct recruits who joined the service on or after 1 January 2006. The reason for this anomaly is that the CCS (Revised Pay) Rule 2008 do not protect the promotee to get the minimum entry pay determined for the direct recruits joining service on or after 1 January 2008. This is a serious anomaly and needs immediate rectification by suitable amendment in the CCS (Revised Pay) Rule 2008.
Mr. X joined as an Auditor at the pre revised pay scale of 4500-125-7000/- PM before 1 January 2006. On clearing Section Officer Grade Examination, he is promoted to Section Officer after 1 January 2006. On promotion his pay will be fixed as per rule 13 in PB 2 as follows:-
Pay in the PB 2 = Rs.9300/-
(if after granting one increment on previous Band Pay + Grade Pay in the PB 1 is less than Rs.9300/- Grade Pay = Rs.4800/-
Total Basic Pay = 14100/- on promotion
Whereas the entry level pay for direct recruit who joins the service after 1 January 2006 as Section Officer has been fixed at Rs. 18150. there is a difference of Rs.4050/-
The CCS (Revised Pay) Rule 2008 should be amended immediately by inserting the sentence ” subject to minimum entry pay in the revised pay structure for direct recruits joining service on or after 1 January 2006‟
ITEM NO 34
RE–OPENING OF OPTION FOR FIXATION OF PAY ON PROMOTION.
As per the recommendation of the 6th CPC the revised pay scales have been introduced from 1.1.2006. Persons promoted in the later part of the year 2005/2006/2007 had already exercised option for fixation of pay from the date of their next increment in existing scale. As example;
i. an employee in pay scale Rs.3050-4590 was promoted to the pay scale of Rs.4000-7000/- in the month of October, November or December 2005/2006/2007.
ii. his next increment in the existing scale falls on say Feb./March/April /May/June 2006/2007/2008, and he had exercised option for fixing his pay in the promotional scale from his next date of increment in the existing scale.
In this case his increment in the revised pay scale will be from 1.7.2007 or 1.7.2008.
If, the orders for grant of increment on 1st July each year was (as per VI CPC) known to him, earlier he would have exercised option for fixing his pay from the date of his promotion and in that case he could draw his next increment from 1.7.2006, 2007 or 1.7.2008.
It is therefore requested that existing employees who have been promoted to the higher post during 2005, 2006 or 2007 or prior to 2.9.2008 may be allowed fresh option for fixation of their pay.
RE-OPTION TO THOSE PROMOTED PRIOR 2.9.2008
Some employees who were promoted either prior to 1.1.2006 or even after 1.1.2006 had given option for fixation under old FR 22-C from either their date of promotion or from the date they earned their next increment in the lower post failing on or after 1.1.2006. As a result of promulgation of CCS (Revised Pay) Rules 2008, it is seen that the option exercised by them is less advantageous. It is proposed that in such cases re-option may be allowed.
ITEM NO. 36
INCOME CRITERIA IN RESPECT OF PARENTS AND WIDOWED/DIVORCED/ UNMARRIED DAUGHTERS.
It has been stipulated in Department of Pension & Pensioners Welfare O.M. No.45/51/97-P&PW (E) dated 5.3.98 (para 2), that the income Criteria in respect of (dependent) parents and widow / divorced daughters will be that their earning is not more than Rs.2550/- p.m.
Later on unmarried daughters have also been included in the list of those who are eligible for family pension on the death of the Pensioners / family pensioners. (vide Department of Pension & Pensioners Welfare O.M. No.1/19/03/ P&PW-E dated 6.9.2007)
The above amount of Rs.2550/- is double the minimum pension that was the minimum pay of serving employees in V CPC.
It is, therefore, requested that the earning criteria for the parents, widowed / divorced / unmarried daughters may kindly be fixed at Rs.7000/- which is double the minimum pension of Rs.3500/- or minimum pay of serving employees in VI CPC.
ITEM NO. 37
WAIVER OF RECOVERY OF HIGHER DA /DR DRAWN DURING THE PERIOD FROM
1.1.2006 TO 31.8.2006
It is seen the DA / DR payable for the period from 1.1.2006 to 31.8.2006 in terms of old rates is higher than what has become payable with reference to VI CPC. Accordingly the difference between the old DA drawn and new DA payable has been deducted in Due and Drawn statement while computing the arrears of salary for the period from 1.1.2006 to 31.8.2006.
Since the DA drawn and paid during the above period was at the duly sanctioned rates it has to be treated as bonafide payment which should not be recovered / adjusted retrospectively. The new rates of DA / D.R. may therefore be enforced only prospectively from 1.9.2008 or the date from which the new D.A. rates have been sanctioned and in fact implemented, whichever is the later date (month).
ITEM NO. 38
ANOMALY IN FIXING GRADE PAY
VI CPC in para 2.2.21 (ii) has observed that the grade pay has been computed in fixation of pay in the revised pay bands at the rate of 40% of the maximum of the basic pay in each of the prerevised pay scales. Where two or more pre-revised pay scales have been merged the maximum of the highest pre-revised pay scale has been taken and 40% thereof is given as grade pay. The above formula has however been selectively modified by the Govt. while accepting the recommendations in the Department of Expenditure OM F.No. 1/1/08 – IC dated 29.8.2008 in its para (iii)
A comparative statement of the Grade Pay as recommended by VI CPC and the Grade Pay fixed by the Govt. is given below:-
Prerevis ed Pay Scale
Recomme nded By
Maximum in fixing Grade Pay
next multiple of 100
Group A Entry Scale S-
It is apparent that whereas Grade Pay has been recommended by VI CPC @ 40% of the maximum of the prerevised Pay Scales from S-1 to S21, S-24 and 25-27, S-28, S-29 subject to rounding off to the next multiple of 100, the VI Pay Commission has fixed Grade pay of the following Pay Scales at a higher percentage of the maximum of the prerevised Pay Scales:-
|S-31 & 32||50.0|
The Government by further hiking the Grade Pay has provided Grade Pay at the following percentages of the maximum of pre-revised pay scale as under:-
|S-21 & S-22||46.1|
|S-24 & S-25||47.5|
|S-28 & S-29||44.6|
The Grade pay which is virtually the fitment benefit has not been kept uniformly @ 40% of maximum of the prerevised Pay Scale both by the Commission as also by the Government which by providing varying degree of fitment benefit is anomalous and should be rectified.
It is therefore demanded that the grade pay may be fixed @ 50% of maximum of the prerevised Pay Scales.
ITEM NO. 39
ANOMALY DUE TO NOT APPLYING INFORMLY THE MULTIPLICATION FACTOR OF
1.86 IN FIXING THE MINIMUM PAY IN ALL THE REVISED PAY BANDS APPLYING DIFFERENT.
Adoption of the common multiplication factor of 3.00 for all Pay Scales proposed in order to maintain the established vertical relativities in minimum and maximum Pay Scales.
The VI CPC has recommended that fixation of pay in the revised running Pay Bands should be done by totaling the basic pay drawn as on 1.1.2006 in the exiting V CPC pay scales and dearness allowance at the rate of 74% (ignoring the merger of 50% dearness allowance) and then rounding it off to the next multiple of 10. In other words revised pay in the pay band will is arrived at by multiplying the existing prerevised basic pay drawn as on 1.1.2006 by a factor of 1.74 rounded off to the next multiple of 10 (vide para 2.2.21 of VI CPC Report). The Government of India modified the above recommendation by revising the multiplication factor from 1.74 to 1.84 rounded off to the next multiple of 10. In other words the minimum pay in the revised pay band is to be fixed by multiplying the minimum of the prerevised pay scale by a factor of 1.84 rounded off to next multiple of 10.
However this has not been strictly followed in devising a detailed fixation chart appended with the Department of Expenditure O.M. F.No.1/1/2008-IC dated 30.8.2008 which will be seen from the following table given below:-
|Sl.No.||Prerevised Scale||Minimum pay in the Pay Band i.e. 1.86 of prerevised minimum rounded off next multiple||Revised Minimum Pay in the Pay Band as per fixation chart||The Multiplication factor used while fixing minimum pay in Revised Pay Band||Remarks|
|16. New Group A Entry||8000-13500|
The multiplying factor of 1.89 has been applied by the Government in fixing the minimum revised pay band in S-4 as against 1.86 because Rs.5120 computed by multiplying Rs.2750 by 1.86 has been rounded off to the next multiple of 100 and not to the next multiple of 10. The reason for this may be to fixthe minimum pay of Rs.7000 in whole thousand rupees. In PB-2 the minimum pay in the Revised pay band has been fixed strictly by applying the multiplying factor of 1.86 rounded off to next multiple of 10. In PB-2 multiplying factor for the New Group “A‟ entry has been hiked to 1.95 as against 1.86 thus disturbing the vertical relativity between S-15 and this New Group A entry Pay Band. Rest of the minimum of S-16 to S-23 pay scale have been fixed by applying the multiplying factor of 1.86. Here after ends the consistency and in PB-4 the multiplying factor is linked to 2.62 (in S-24), 2.62 (in S-25), 2.42 (in S-26), 2.42 (in S-26 and 27) 2.62 (in S-28) 2.43 (in S-29) dipping to 2.43 (in S-30) and to 2.32 (in S-31).
From S-31 onwards, the multiplying factor suddenly jumps to 3.37 (in S-31) dipping to 3.32 (in PB-32) and 3.08 (in S-33) and concludes to 3.00 (in PB-34)
No explanation has been given in these high fluctuations in the multiplying factors in PB-4 ranging from
2.42 to 3.37.This has certainly widened the vertical relativities between PB-4 per se and as between the pay scales of PB-4 and the Pay Scales in other pay bands. This also has produced a very anomalous Pay
Structure by not observing the multiplying factor of 1.86.The V CPC had fixed the minimum wage and
the maximum wage by multiplying the prerevised minimum and maximum by a factor of 3.25.Therefore, to remove this anomaly in the pay structure, it is proposed that the minimum of the prerevised pay scales may be fixed by multiplying it by a factor of 3.00 rounded off to the next multiple of 10.
ITEM NO. 40
GRANT OF NOTIONAL INCREMENT AS MAY BE DUE ON THE FIRST DAY OF JULY FOLLOWING THE SUPERANNUATION / DEATH IN SERVICE FOR COMPUTATION OF EMOLUMENTS / AVERAGE EMOLUMENTS FOR PENSIONERY BENEFITS.
Under the provisions of CCS (Revised Pay) Rules, 2008 increment of employees is admitted from the first of the July each year and under the provisions of FR-56 (a) every Govt. servant retires from service on the afternoon of the last day of the month in which he attains the age of 60 years. A few Government employees increment falls due on the 1st day of July succeeding the month of June in which he superannuates (afternoon of last working day of the month). In such cases even though the employee has served for 12 months for which he has drawn full pay and allowances and thereby became entitled to earn increment, but for his superannuation on the last working day he could not get increment of pay which it is due on the next working day. Consequently the increment due on 1st of July is not reckoned either for computation of emoluments / average emoluments for pension family pension, death gratuity / retirement gratuity, and encashment of leave etc. These provisions evidently are quite harsh and unjustified as the inpidual retired by the close of the office on the last working day of the June but could not earn next increment due on 1st of the July but for his retirement / death even though he / she served for 12 months with pay and allowances and draws less pension equal to 50% of his last increment of pay.
It is requested that in relaxation of rule 33 and 34 of CCS (Pension), Rules, in the case of the Government servant who retires on the last working day of June or who dies in harness after the close of the office on the last working day of June, should be sanctioned notional increment of pay as due on 1st of July next and considered notionally qualifying for computation of emoluments / average emoluments for superannuation pension, family pension, retirement / death gratuity end encashment of leave under Rule 39 and 39-A of CCS (Leave) Rules.
Accordingly it is requested for grant of notional increment due on 1st of July to the retiree or the Govt. servant dying in harness on the last working day of June for calculation of average emoluments / emoluments for all purposes including pension / family pension and encashment of leave etc.