Agenda for National Anomaly Committee Meeting Part-5

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Agenda for National Anomaly Committee Meeting Part-6

AGENDA ITEMS FOR THE MEETING OF NATIONAL ANOMALY COMMITTEE

ITEM NO.41

FIXATION OF PAY ON PROMOTION TO A POST CARRYING THE SAME GRADE PAY

A person promoted from one post to another post is required allow a pay fixation to be fixed by grant of one increment in the lower Pay Band / Pay Scale and the Grade Pay of the higher post. There are certain feeder and promotion posts which carry the same grade pay and these have not been merged on functional considerations. The promotion of an employee from the feeder post to the promotion post is however not being treated as promotion and no fixation is being done. It is proposed that in such cases also one increment in the feeder post may be allowed and the Grade pay of the next post may be granted.

ITEM NO.42

REMOVAL OF ANOMALIES IN MODIFIED ASSURED CAREER PROGRESSION SCHEME.

The Government of India has introduced the ACP Scheme vide OM No.35034/1/97 – Estt (D) dated 9.8.1999 on the recommendation of the Fifth Central Pay Commission to provide „ Safety Net‟ to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues. As per instructions, the mobility under ACPS is to be allowed in the „existing hierarchy‟. Since the benefit of upgradation under ACPS are to be allowed in the existing hierarchy, the mobility under ACPS shall be in the hierarchy existing after merger of pay scales by ignoring promotions. For granting upgradation, if such cadre / hierarchy exists in the Ministry / Department concerned, the up gradation may be allowed in keeping with the pay scale of an analogous grade of a cadre / post in the same Ministry / Department. However, if no such grade exists in the Ministry / Department concerned comparison may be made with an analogous grade available in other Ministries / Departments.

The Government of India in their OM No.35034 /3/2008 Estt(D) dated 19.5.2009 has stipulated that.

“(2) The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1 Part – A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial up gradation under MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such case, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre / organization will be given only at the time of regular promotion”.

In such circumstances, the wish of the Government of India to grant 03 Financial Upgradations for betterment of its employees in thirty years service span will not be culminated through MACP Scheme as it is disadvantageous in comparison to erstwhile ACP Scheme particularly for the employees in Pay Band – 1.

This may be understood by the following example:-

ACP as per 5th CPC recommendation ACP as per 6th CPC recommendation
Direct Recruitment in the post of LDC Direct Recruitment in the post of LDC
Pay scale of initial recruitment Rs.(3050-4590) Pay Scale of initial recruitment PB-1 (5200-20200) plus Grade Pay Rs.1900
Granted 1st ACP after completion of 12 years service from initial recruitment in the existing hierarchy (i.e. UDC) Pay Scale of the UDC / 1st ACP Rs.(4000-6000) i.e. PB-1 (5200-20200) plus Grade Pay Rs.2400/- He may be granted 1st ACP after completion of 10 years from initial recruitment in the pay scale of PB-1 (5200-20200) plus Grade Pay Rs.2000 i.e.Pre-revised Rs.(3200-4900)
Granted 2nd ACP after completion of 24 years service from initial recruitment in the existing hierarchy (i.e. Assistant) Rs.(5000-8000) i.e. PB-2 (9300-34800) plus Grade Pay Rs.4200 He may be granted 2nd ACP after completion of 20 years service from initial recruitment in the scale of PB-1(5200-20200) plus Grade Pay Rs.2400 i.e.Pre-revised Rs.(4000-6000)
He may be granted 3rd ACP after completion of 30 years service from initial recruitment in the pay scale of PB-1 (5200-20200) plus Grade pay Rs.2800 i.e. Pre-revised Rs.(4500-7000)

Further, para 28 A, (i), (ii), 28 B and 28 C of the OM ibid illustrates that the benefit of the MACPS in the same cadre may be different for the different employees. Therefore it is requested to issue necessary instructions whereby the granting of benefit of ACP in vogue may be continued with modification that 03 financial upgradation will be granted on completion of 10,20 and 30 years in case such cadre / hierarchy exists in the Ministry / Department and if no such grade exists in the Ministry / Department concerned, comparison may be made with an analogous grade available in other Ministries / Departments.

ITEM NO.43

BEFORE THE 6THPAY COMMISSION, THERE WERE 3 HAG SCALES OF PAY NAMELY:

Ref. No. Scale of Pay (in Rs.) Minimum Pension (in Rs.) (1/2 of minimum of scale)
(a). 22,400 – 24,500 11,200
(b). 22,400 – 26,000 11,200
(c). 24,050 – 26,000 12,025

Thus there was no difference in the minimum pension of (a) and (b) above, both being Rs. 11,200/- (1/2 of scale of pay of Rs. 22,400/-). Only those who were in (c) above drew marginally 7% higher pension.

All these 3 scale were placed in pay band -4 by the 6thpay commission with the grade pay varying from Rs. 11000/- to Rs. 13000/-, a nominal variation. The Pay Commission therefore did not intend much difference in the pension of (a), (b) & (c) retirees, as indeed was also the case before 6th Pay Commission.

The Committee of Secretaries, however removed scales (b) & (c) above and placed them in HAG + in the scale of Rs. 75,500 – 80,000/-.

The scale at (a), though having the same minimum as at (b), was not placed in HAG +.

The minimum pension of all employees retired before 1.1.1996 in the scales of pay (b) & (c) above has now been fixed at Rs. 37,750/- (1/2 of Rs. 75,500/-), as against Rs. 24700/- 1/2 (Rs.37,400 + 12,000 /-) for those who retired in scale Rs. 22,400/- – 24,500/- i.e. scale (a) above, creating a difference of 50% in the pensions.

As mentioned above, the difference in the pensioners of the various HAG scales, (a) to ( c ) was 0-7% before the 6th Pay Commission. This would also have been the order of difference had the 6th Pay Commission recommendations not been tinkered with, by the Committee of Secretaries, by creating a separate scale of pay for (b & c). The difference (in persons who retired in scale Rs. 22400 – 24500/- and those who retired in Rs. 22400/- – 26,000/- and Rs. 24050 – 26000) has widened from (0.7%) to more then 50% (Rs.37,750/- for (b) & (c) – Rs. 24,700 for (a). This is an anomaly and needs to be rectified.

Solution to the Anomaly

Prior to the Fifth Pay Commission, Secretaries drew Rs. 8000/- fixed per month and Cabinet Secretary drew Rs. 9000/- fixed per month. The pay recommended for them by Sixth Pay Commission is Rs. 80,000/- per month and Rs. 90,000/- per month respectively. Thus multiplying factor of 10 has been applied.

The new HAG+ scale of pay in Rs. 75,500 – 80,000/-. The corresponding scale of pay before the Fifth Pay Commission were Rs. 7,300 – 8000/- and Rs. 7,600 – 8000/-. Thus, here also a factor of 10 has been applied.

The HAG scale of pay left out in pay band 4 is Rs. 22,400 – 24,500/-. The corresponding scale of pay before the Fifth Pay Commission was Rs. 7,300 – 7,600/-. Applying the factor of 10, a new scale of pay namely Rs. 73,000 – 76,000/- may be created for them in the interest of fair play and justice. This would remove the anomaly pointed out above.

ITEM NO.44

ANOMALY IN THE PAY SCALE / PAY BAND AND GRADE PAY OF LIBRARY INFORMATION ASSISTANTS

The Pay Scales recommended by different Pay Commissions to Trained Graduate Teachers, School Librarians and Library Information Assistants are indicated below:-

Post MinimumEducational

Qualification

Pay Scale

IV CPC Rs V CPC Rs. VI CPC
Trained GraduateTeachers Graduation + Bed(1 year Course) 1400-2600 5500-9000 PB-2 Rs.9300-34800 + Grade Pay Rs.4600
School Librarian Graduation + B LibScience (1 Year course) 1400-2600 5500-9000 -do-
Library InformationAsstt. Graduation + B Lib.Science ( 1 Year Course) 1400-2600 5000-8000 PB-2 Rs.9300-34800 + Grade Pay Rs.4200

The Department of Expenditure had vide their OM FNo. 71/3/2001-IC dated 21.2.2002, revised the Pay Scale of Library Information Asstt. to Rs. 5500-9000 w.e.f. 1.1.1996.

It appears that VI CPC did not take into account the orders issued on 21.2.2002 by the Department of Expenditure further revising the pay scale of Library Information Asstts. retrospectively with effect from 1.1.1996 to Rs. 5500-9000 and, therefore, recommended PB-2 with grade pay of Rs. 4200 corresponding to the Pre-revised Pay Scale of Rs. 5000-8000.

The Library Information Asstt. in Departmental Libraries besides having the same educational qualifications as those of the School Librarian, carry much more responsible duties than the School Librarian.

It is therefore urged that the Library Information Assistants may be granted PB-2, Rs. 9300-34800 with Grade pay of Rs. 4600.

ITEM NO.45

ANOMALY IN PENSION OF THOSE IN RECEIPT OF STAGNATION INCREMENTS IN PREREVISED PAY SCALE.

It is seen that persons who retired with the last pay being maximum of their prerevised pay scale + one to three stagnation increments prior to 1.1.2006 have been fixed at 50% of their maximum pay + stagnation increment plus 50% of the last pay drawn as D.P. + 36% of their last pay drawn as D.R. + 40% of the last pay drawn by way of fitment benefit.

At the same time one who was in service as on 1.1.2006 drawing the maximum of prerevised Pay Scale plus stagnation increments and had chosen to be fixed in his Revised Pay Band + Grade Pay (which is 40% of the maximum prerevised Pay Scale) have not been given 40% of stagnation increment in their fixation. Such persons on retirement after 1.1.2006 have thus been deprived of 40% of their stagnation increment.

It is, therefore, urged that their Grade Pay should be increased by 40% of their stagnation increment to remove the above anomaly.

ITEM NO.46

DISPARITY IN PAY SCALES AND STATUS: OFFICERS IN STENOGRAPHERS CADRE.

Following two tables A & B will amply clarify the disparity in pay scales and status of officers in Stenographers cadre:-

Table A: staff working in Sectt / Armed Forces HQ Stenographers Services

Post Pre – revised Scale Revised Pay
Pay Band Grade Pay
PS (Gp B) Rs.7500-12000Rs.8000-13500

(on completion of four years service)

PB -2PB-3 Rs.4800Rs.5400
PPS (GP A)* Rs.10000 – 15200 PB-3 Rs.6600

Table B: Staff Working in AOC / Other Organizations outside Sectt.

Post Pre – revised Scale

Revised Pay

Pay Band Grade Pay
PS (GP B) Rs.6500-10500 PB-2 Rs.4200
SPS (Gp B)* Rs.7500-12000 PB-2 Rs.4800

* PPS and SPS are equivalent posts. Post is designated as PPS in Sectt and SPS in organization outside Sectt.

It may be noted that pay scales of Rs. 6500-10500 in respect of PS of Sectt / AFHQSS has been upgraded to scale of Rs. 7500-12000 and granted Grade Pay of Rs. 4800 in the revised pay structure. They will also be granted the non-functional Grade Pay of Rs. 5400 in PB-3 on completion of four years regular service. There are also cases wherein Group B officers working in some of the organizations have been granted the Grade Pay of Rs. 5400 in PB-2 on non functional basis after four years of regular service in the Grade Pay of Rs. 4800 in PB – 2.

The Pay Commission has, while advocating that the time has come to grant parity between similarly placed personnel employed in field officers and the Secretariat has extended this parity only up to the grade of Asstt. (prerevised Pay Scale of Rs. 6500-10500) (vide para 3.1.3 of their report). Since PS in field offices (Pre-revised Pay Scale of Rs. 6500-10500) is a Group B post, it may be upgraded to pre-revised Pay Scale of Rs. 7450-11000 i.e.PB-2 with grade pay of Rs. 4600 9 (vide Sl.No. (ii) of Section I Part B of CCS (RP) rules, 2008).

Since PPS of Central Secretariat and SPS of field offices are equivalent posts the SPS of field offices may be granted PB – 3 with Grade pay of Rs. 5400/- on completion of 4 years of service.

ITEM NO.47

DATE OF ANNUAL INCREMENT IN EOL CASES

After the implementation of the 6th CPC recommendations, the annual increment date of all the Central Government Employees has been fixed as 1st July every year. This has already created an anomalous situation. The employees who were drawing their annual increment from Feb. to June are put to undue financial hardship and loss in their terminal benefits also, because they are deprived of their annual increment which they are due between Feb. 2009 and June 2009.

Apart from the above, on a reference by the Ministry of Defence on the issue of regulation of date of next increment in case of employees on EOL the DOP&T has clarified as under:

“ The proposal of Ministry of Defence regarding regulation of DNI in case of employees on EOL, otherwise than on medical grounds has been examined in consultation with Department of Expenditure. It is clarified that same as provided under the conditions laid down in this Departments OM dated 18.2.1986, qualifying service of less than 6 months rendered between 1st Jan and 30th June of any year on account of EOL will have the effect of postponing one‟s increment to 1st July of next Year, if all other conditions are met” – (DOP&T UO No.13/1/2009-Pay I dated 20.2.2009)

The above clarification has put the employees into a huge loss and it amounts to stoppage of increment is postponed by an year. This is not justified. Therefore, the above decision of the DOP&T may be withdrawn.

Further to the above, it is pertinent to mention here that as provided in FR 26 periods of EOL not counting for increment up to 30days will not have the effect of postponing ones increment. Therefore, the present decision conveyed vide the above referred OM of DOP&T is in violation of FR 26.

ITEM NO. 48

15 YEAR PERIOD FIXED FOR RESTORATION OF COMMUTED PORTION OF PENSION (CPOP) IS ARBITRATY AND UNJUSTIFIED BEING CONTRARY TO THE PRINCIPLE ENUMERATED BY THE 6THCPC AND LAID DOWN BY THE APEX COURT.

As per the existing rules of commutation of pension, the period fixed for restoration of the commuted portion of pension (CPOP) is 15 years irrespective of the age at retirement. While the basis on which the revised Commutation Table, as per Annexure to the OM dated 2nd September 2008 issued by the DOP & PW , has been prepared has been mentioned at the foot of the table as the pre revised Commutation Table was prepared on the basis of 4.75% interest (para 5.1.35 of 6th CPC Report). The relevance of the fixed rate of interest with the period of restoration of the CPOP must be based on some principle or rationale, for otherwise the period of restoration would be anomalous and grossly unjustified being whimsical and arbitrary. The Pay Commission did mention this principle in determining the period for restoration of CPOP but did not follow it in practice and recommended to retain the already existing period of restoration i.e. 15 years. The rationale / principle mentioned by the 6th CPC with reference to a Supreme Court judgment is contained in para 5.1.34 of the Commission‟s report in the following words:-

“In this Judgment, the Supreme Court had directed restoration of the Commuted value of pension once the commutation amount along with the interest element was recovered fully.”

To verify the irrationality of the pre revised as well as the revised Commutation tables, one has to refer to Annexure A & B enclosed herewith, which have been prepared with the help of mathematical logic. The method as to how the period of restoration can be calculated for 4.75% rate of interest or 8% rate of interest has also been explained in these annexures. The irrationality of these Commutation Tables is further explained in the following paragraphs.

As mentioned above, the pre-revised commutation table is purported to have been prepared on the basis of concessional rate of interest of 4.74% p.a at which the capitalized value of pension (CVOP) paid to a pensioner is required to be recovered along with the interest element, which practically calls for fixing different periods instead of 15 years presently fixed for restoration of the CPOP depending upon the retirement age, as worked out and shown in the Table – below:-

RETIRING AGE IN YEARS AGE NEXT B. DAY IN YEARS NO. OF YEARS OF PURCHASE OF CPOP i.e. COMMUTATION FACTOR PERIOD IN WHICH THE CVOP STANDS FULLY RECOVERED A/W INTEREST ELEMENT AT 4.75% RATE OF INTEREST P.A. RATE OF INTEREST AT WHICH CVOP IS FULLY RECOVERED A/W INTEREST ELEMENT IN 15 YEARS BEFORE RESTORATION OF CPOP

55

56

11.42(137.04 Months) 174.5 Months(14 ½ Years

Approx)

5.45% p.a

58

59

10.46(125.52 Months) 157 Months(13 Years Approx) 8.235 p.a.

60

61

9.81(117.72 Months) 145.38 months(12 years Approx) 10.70% p.a.

62

63

9.15(109.80 Months) 133.88 months(11 years Approx) 13.85% p.a.

The above table reveals that if rate of interest is constant, the restoration periods should be variable (depending on the retiring age) as in column 4 above. For example, against 55 years retiring age with the 4.75% rate of interest, the period of restoration of CPOP is worked out to be 174.5 months (i.e. 14 ½ years approx). And against 62 year retiring age, the restoration period would be 133.88 months (11 years). Conversely, if restoration period is kept uniformly constant, the rates of interest, at which the capitalized value of CPOP is fully recovered along with interest element would be of different values as shown in Col. 5 above. Therefore, the commutation table, pre – revised, is faulty because the restoration period of 15 years is constantly applied in respect of all retiring age stages, which is not in conformity with 4.75% rate of interest.

Similer is the case with the revised commutation table as per Annexure to the Govt. orders issued vide OM F. No. 38/37/08-P&PW (A) dated 2.9.2009. This revised Table has been prepared on the basis of constant and uniformly applied interest rate of 8.00% p.a. But at the same time the period of 15 years has also been kept constant for restoration of CPOP. Thus the 8% rate of interest at which the CVOP is intended to vbe recovered along with interest element becomes irrelevant which may be verified from the following Table .

RETIRING AGE IN YEARS AGE NEXT BIRTHD AY (IN YEARS) NO. OF YEARS OF PURCHASE OF CPOP (i.e. COMMUTATION TABLE) PERIOD IN WHICH CVOP STANDS FULLY RECOVERED A/W INTEREST ELEMENT AT 8.00% RATE OF INTEREST P.A. RATE OF INTEREST AT WHICH CVOP IS FULLY RECOVERD A/W INTEREST ELEMENT IN

55

56

8.572

(102.864 Months)

138.47 Months

(11 ½ years)

17.33% p.a.

58

59

8.371

(100.452 Months)

134.42 Months

(11 ¼ years)

18.73% p.a.

60

61

8.194

(98.328 months)

130.88 months

(11 years_)

20.7% p. a.

62

63

7.928

(95.784 months)

126.68 months

(10 ½ Years)

21.81% p.a.

The prerevised CT ought to have been revised in consonance with the principal propounded by the Hon‟ble Apex Court about „ an addition of two years to the period necessary for the recovery on the basis of years of purchase‟ in para 9 of its judgment dated 9.12.1986 in w.ps 3958-61 of 1983 filed by “Common Cause” & Ors V. UOI (AIR 1987 SC 2101. However, at the Annexure A & B enclosed herewith are the tabulated statements showing the periods required for restoration of CPOP as well as the rate at which the CVOP paid to the pensioners retiring at different age levels is currently being recovered along with interest element in 15 years under pre and post revised structure and also the method of calculation of these details.

As the pre-revised and the revised Commutation Tables have been prepared on the basis of the fixed interest rates of 4.75% and 8.00% p.a. respectively, uniformly applied to all the different age groups, the period for restoration of the commuted portion of pension cannot, by mathematical logic, be also a fixed period (like 15 years as at present). The period for restoration of CPOP shall in fact be variable in accordance as the age of retirement / commutation as shown in the tables at Annexure „A‟ & „B‟. The method of preparing these tables along with mathematical formula has also been explained at page 2 of Annexure „A‟.

As the fixed period of 15 years for restoration of CPOP is in contravention of the principle enunciated by the Pay Commission as mentioned above, it has caused a serious anomaly besides gross injustice with the pensioners, the existing Commutation Tables (pre revised & revised) should be modified as suggested at Annexure A and B for otherwise the pensioners would be continually subjected to the exorbitant interest amount at the interest rates as shown in Col (9) of the said Annexure A and B as compared to the stipulated rates of 4.75% and 8% interest p.a. respectively.

It is hoped that the National Anomaly Committee would appreciate the logic and modify the pre and post revision Commutation Tables on the same lines. However, the immediate need, in the mean time, is that the period of 15 years may be amended to 12 years for the restoration of commutation portion of pension of those who retired at 60 years age under revised table w.e.f. 1.1.2006.

ITEM NO.49

ANOMALIES IN THE MATTER OF PAY SCALES OF STENOGRAPHERS

Demand for revision of the pay scale of Stenographer from Rs. 4000 – 6000 to Rs. 4500 – 7000 was raised before the National Anomaly Committee under the V CPC. But the anomaly was not resolved. It was assured that all the unresolved anomalies of the V CPC would be referred to the 6th CPC. But the Staff Side National Council (JCM) was never intimated that it had been referred to the 6th Pay Commission, and as such the Staff Side National Council could not get any scope to represent it before the 6th CPC. It has come to the notice of the Staff Side that the minimum scale of Stenographer was already fixed in scale Rs. 4500-7000 in other departments while in the Railways, the minimum Scale of Stenographer continued as Rs. 4000-6000. The Pay Commission, in its report, vide para 3.1.14 have recommended that there should be parity in the matter of pay scale between the field and the Secretariat offices. The Pay Commission has also recommended as follows vide the same para 3.1.14.

“ In the Stenographers cadre the posts of Stenographers Gr. II & I in the existing scale of Rs. 4500-7000 Rs. 5000-8000 and Rs. 5500 – 9000 will therefore, stand merged and placed in the higher scale of Rs. 6500-10500”

As such stenographers in the pay scales of Rs. 4000-6000 Rs. 5000 – 8000 and Rs. 5500 – 9000 should be treated as merged and be placed in scale Rs. 6500 – 10500 with Grade pay of Rs. 4200.

In the Accounts Department, the SO in scale Rs. 6500-10500 has been allotted the Grade Pay of Rs. 4800. To maintain horizontal and vertical relativity amongst different categories of employees, the stenographers in scale Rs. 6500-10500 should be upgraded to Rs. 7450-11500 with grade Pay of Rs. 4800.

Further the non functional Grade Pay of Rs. 5400 as has been granted to the PSs vide Railway Board‟s letter No.PC-VI/2008/1/5/4 dated 20.11.2008 may also be extended to the Private Secretary, Gr. I scale Rs. 7500 – 12000 to remove the anomaly.

ITEM NO.50

ANOMALIES IN THE PAY SCALES OF OFFICIAL LANGUAGE STAFF

Official Language staff / Rajbhasa Sahayak / Hindi Asstt. have been allotted the following pay scales vide Ministry of Finance, Department of Expenditure‟s letter No.1/1/2008 – IC dated 24.11.2008.

Designation Recommended Pay Scale Corresponding Pay Band and Grade Pay
Jr. Translator Rs.6500 – 10500 PB – 2 (Rs.4200)
Sr. Translator Rs.7450 – 11500 PB – 2 (Rs.4600)
Asstt. Director (OL) Rs.8000 – 13500 PB – 3 (Rs.5400)

This is a common category. In the Railway the following scales have been introduced for Official Language Staff / Rajbhasa Sahayak / Hindi Assistant

Rs. 4500 – 7000 with Grade Pay of Rs. 2800

Rs. 5000 – 8000 with Grade Pay of Rs. 4200

Rs. 6500 – 10500 with grade Pay of Rs. 4200

As per the recommendation of the 6th CPC as embodied in para 3.1.14 parity between Field office and Secretariat staff is to be maintained. To remove the anomaly the following pay scales and corresponding Grade Pay may be allotted to the Official Language Staff / Rajbhasa Sahayak / Hindi Asstt working in Indian Railways.

Designation Recommended Pay Scale Corresponding Pay Band and Grade Pay
Jr. Translator Rs.6500 – 10500 PB – 2 (Rs.4200)
Sr. Translator Rs.7450 – 11500 PB – 2 (Rs.4600)
Asstt. Director (OL) Rs.8000 – 13500 PB – 3 (Rs.5400)
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