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Agenda for National Anomaly Committee Meeting Part-4

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ITEM NO.31

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issued by the DoPT vide its OM No.13018/2/2008-Estt(L) dated 18 Nov. 2008 this landmark facility has become as good as withdrawn as one of the conditions in the classificatory orders clearly stipulates the CCL can be availed only if the employee concerned has no Earned Leave at her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It is proposed that the above clarification order may kindly be withdrawn as the VI CPC had not indicated that the leave will be available only in the event of there being no leave at the credit.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

25.9.2008.

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:-

PB1(Rs.5200-20200)

Grade Pay Pay in the Pay Band Total
1800 5200 7000
1900 5830 7730
2000 6460 8460
2400 7510 9910
2800 8560 11360

PB2(Rs.9300-34800)

Grade Pay Pay in the Pay Band Total
4200 9300 13500
4600 12540 17140
4800 13350 18150

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.

ITEM NO.33

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.

ILLUSTRATION:-

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/-

SUGGESTION:-

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

REOPENING 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.

ITEM NO.35

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:-

Sl.
No
.
Pre
revised
Pay
Scale
Maximu
m of
Prerevis ed Pay Scale
Grade Pay
Recomme nded By
VI CPC
Percentage
of
Maximum in fixing Grade Pay
Grade Pay
fixed by
Govt.
Percentage
of maximum
fixing
Grade Pay
Remarks
1.
S-4
4400
1800
40.9
1800
40.9
Rounded to
next multiple of 100
2.
S-5
4590
1900
41.4
1900
41.4
3.
S-6
4900
2000
40.8
2000
40.8
4.
S-7
6000
2400
40.0
2400
40.0
5.
S-8
7000
2800
40.0
2800
40.0
6.
S-9
S-10
S-11
10500
4200
40.0
4200
40.0
Due to
Merger
7.
S-12
11500
4600
40.0
4600
40.0
8.
S-13
12000
4800
40.0
4800
40.0
9.
S-14-
15
New
Group A Entry Scale S-
16,17
13500
5400
40.0
5400
40.0
10.
S-18
S-19
15200
6100
40.13
6600
43.4
Due to
merger
11.
S-20
15800
6500
41.1
6600
41.8
12
S-21
16500
6600
40.0
7600
46.1
13
S-22
16500
7500
45.5.
7600
46.1
14.
S-23
18000
7600
42.2
7600
42.2
15.
S-24
18300
7600
41.5
8700
47.5
16
S-25
18300
8300
45.4
8700
47.5
17.
S-26
20000
8400
42.0
8900
44.5
18.
S-27
20900
8400
40.2
8900
42.6
19.
S-28
S-29
22400
9000
40.2
10000
44.6
20.
S-30
24500
11000
44.9
12000
49.0
21.
S-31
S-32
26000
13000
50.0
No grade
Pay fixed

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-22 45.5
S-23 42.2
S-25 45.4
S-26 42.0
S-30 44.9
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-26 44.5
S-27 42.6
S-28 & S-29 44.6
S-30 49.0

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
1. S-1 Rs.2550-3200

4750

5200

2.04

PB-1
2. S-2 Rs.2610-3540

4860

5200

1.99

PB-1
3. S-2 Rs.2610-4000

4860

5200

1.99

PB-1
4. S-3 Rs.2650-4000

4930

5200

1.96

PB-1
5. S-4 Rs.2750-4400

5120

5200

1.89

PB-1
6. S-5 Rs.3050-4590

5680

5880

1.93

PB-1
7. S-6 Rs.3200-4900

5960

6060

1.89

PB-1
8. S-7 Rs.4000-6000

7440

7440

1.86

PB-1
9. S-8 Rs.4500-7000

8370

8370

1.86

PB-1
10.S-9 5000-8000

9300

9300

1.86

PB-2
11.S-10 5500-9000

10230

10230

1.86

PB-2
12.S-11 6500-10500

12090

12090

1.86

PB-2
S-12
13.S-13 7450-11500

13860

13860

1.86

PB-2
14.S-14 7500-12000

13950

13950

1.86

PB-2
15.S-15 8000-13500

14880

14880

1.86

PB-2
16. New Group A Entry 8000-13500

14880

15600

1.95

PB-3
17.S-16 & 9000-9550

16740

16740

1.86

PB-3
S-17
18.S-18 10325-10975

19210

19210

1.86

PB-3
19.S-19 10000-15200

18600

18600

1.86

PB-3
20.S-20 10650-15850

19810

19810

1.86

PB-3
21.S-21 12000-16500

22320

22320

1.86

PB-3
22.S-22 12750-16500

23720

23720

1.86

PB-3
23.S-23 12000-18000

22320

22320

1.86

PB-3
24.S-24 14300-18300

26600

37400

2.62

PB-4
25.S-25 15100-18300

28090

39690

2.63

PB-4
26.S-26 16400-20000

30510

39690

2.42

PB-4
27.S-27 16400-20900

30510

39690

2.42

PB-4
28.S-28 14300-22400

26600

37400

2.62

PB-4
29.S-29 18400-22400

34230

44700

2.43

PB-4
30.S-30 22400-24500

41660

51850

2.32

PB-4
31.S-31 22400-26000

41660

75500

3.37

PB-4
32.S-32 24050-26000

44740

77765

3.23

PB-4
33.S-33 26000 Fixed

48360

80000

3.08

PB-4
34.S-34

30000

55800

90000

3

PB-4

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.

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