NC JCM Meeting - 21 Items Discussed - 16th May 2019

NC JCM Meeting - 21 Items Discussed - 16th May 2019

National Anomaly Committee Discussion Items: Anomalies - Dopt Comments - Staff Side Reply

National Anomaly Committee Discussion Items: Anomalies - Dopt Comments - Staff Side Reply

National Anomaly Committee Meeting Agenda Items with the comments of DoPT and also reply from the NC JCM Staff Side

Description of Anomaly	Official Comments	Reply By Staff Side
Anomaly in computation of Minimum Wage  (Item No. 1)	As against the Minimum Wage decided to be Rs. 18000/- by the Govt. w.e.f. 01.01.2016, the Staff-Side has said that this should be not less than Rs. 26,000/-and the multiplication factor ought to have been 3.714 and not 2.57. They have further asked for the pay matrix to be changed. Objecting to the methodology adopted by the 7th CPC in computing the Minimum Wage, they have given a number of reasons like the retail prices of the commodities quoted by the Labour Bureau being irrational, adoption of the 12 monthly average of the retail price being contents to the Dr. Avkrovd f ormula, the website of the Agriculture Ministry giving the retail prices of commodities forming the basis of computation of minimum wage provides a different picture, so on and so forth. However, when one compares this item with the three situations given in DoPT’s OM.No.11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017, it does not appear that this satisfies any of them to be treated as an anomaly.	The 7th CPC categorically stated that the principle adopted for minimum wage determination is Dr. Aykhoyd formula. But deviated from the same while actual computation was made. It becomes an anomaly under clause 1(a) of the definition (see OM dated 16.08.2016).
3% Increment in all stages  (Item No. II)	The Staff-Side argues that in spite of the foreword to the Report making it clear in para 1.19 that the prevailing rate of increment is considered quite satisfactory and has been retained, an illustrative list appended by them shows instances where the pay, gone up after the addition of annual increment by 3%, falls short of what it would have been. They have quoted para-5.1.38 of the report also which states that the rate of annual increment would be 3%.  While what the Staff-Side has stated has its own merits, the fact of the matter is that the principle followed here is whenever a stage of pay, after addition of an increment, falls short of the nearest hundred by less than 50, the employee would be entitled to get the amount mentioned in the immediately next cell in the Pay-Matrix. However, when the gap is that of more than 50, the pay, on addition of an increment, is rounded off to the nearest hundred which travels backward.  For instance, if staying at Rs.46,100/- one gets an increment @ 3%, instead of having his/her pay fixed at Rs. 47,483/- (which is the exact figure), it will be Rs. 47,500/- (thus gaining by Rs. 13/-). Thus it is not a case of permanent loss as the loss in one year is made good in the second/third year. Considering this to he a situation of swings and roundabouts, this may not be treated as a case of anomaly.	At the stage of admission of the items for anomaly, it is not desirable to go into the merit of the case. That will have to be the subject matter of discussion at the meeting. The anomaly on this item has arisen due to the non-adherence of the principle enunciated by the 7th CPC while actual are computed. The item becomes an anomaly under clause (a) of the definition (see OM.No. dated 16.08.2011).
Remove Anomaly due to index rationalization  (Item No. VI)	The Staff-Side has taken exception to the index rationalization followed by the 7th CPC while formulating its views as per which the fitment factor varies and moves upward as one goes up the hierarchical ladder with the level of responsibility and accountability also steadily climbing up commensurately. The Staff-Side argues that the multiplication factor should be one, i.e. 2.81.  Although the Staff-Side has remonstrated that the vertical relativity will suffer distortion in the process, it has to be stated that it is a policy decision about by the Staff-Side comes to be distorted when the pay of a feeder-cadre post and that of a promotional post becomes same. In this case it is not so. Hence it does not appear to qualify for being called an anomaly.	The vertical relativity between grades that was in existence has been distributed by assigning different multiplication factor for different levels by the commission. The so- called policy decision of the Government has only compounded the anomaly. As stated against item no. (ii) The merit or demerit of the issue is a matter for discussion at the meeting and cannot be employed to decide admissibility or otherwise of an item. The item is an anomaly under clause KO of the definition.
Minimum Pension  (Item No. X)	The Staff-Side says the minimum pension fixed after 7th CPC should be corrected and revised orders issued. From the brief explanatory note recorded under this point, it appears that the CPC had sounded out D/o pension on what the latter thought what the minimum pension should be. This is an exclusively pension-related issue on which, as informed by the Staff-Side, D/o Pension was asked for their views by the 7t1 CPC. Moreover, as will be evident, the basic focus of DoPT’s Q.M. No. 11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017 is on taking on board those anomalies which are pay-related. Hence, this item may be taken up separately by the Staff-Side with the D/o Pension. Thus, instead of treating this as a case of anomaly, the Staff-Side is requested to take it up with the D/o Pension separately.	Pension related items are not to be excluded from the preview of the anomaly committee. No such specific decision has ever been taken. May be main focus is decided to be on pay related matters. That can be the view of the Govt. The item is clearly within the ambit of definition of anomaly clause I (a) where it is stated that the policy enunciated is deviated without the commission assigning any reason. No reason is adduced by the 7th CPC to fix minimum pension at 50% minimum wage. This is clearly an anomaly and requires to be admitted as such and discussed at the meeting.
Date of effect of allowances HRA, Transport Allowance, CEA etc.    (Item No.XI)	The Staff-Side has demanded that the grant of the allowances (revised) mentioned alongside should be made effective from 01.01.2016 and not from 01.07.2017.  This is a demand and cannot be treated as an anomaly. Moreover, the date from which a benefit is to be made effective is something which can be decided only by the Government. Hence, this may not be taken up at the NAC.	The Govt. has the prerogative to decide upon on any issue. We have not questioned that  authority at all. it is the rationale behind the decision that is questioned. While the 7th CPC has gone on record to state that its recommendations are with effect from 1.1.2016 the decision to give effect to revision of allowances from another date is a deviation and contravenes the principle enunciated. The Govt may have sufficient reason to do so but that can be explained at the meeting. The item is therefore an anomaly under clause 1(a) of the definition. In this connection we may also state that similar decision on earlier occasions were subjected to discussion and having reached disagreement were referred to the Board of Arbitration. The Government lost its case before the Board.
Anomaly in the grant of D.A instalment w.e.f 01.01.2016.  (Item No. XVIII)	Here the Staff-Side has questioned the methodology adopted by the Government in computing the DA instalment w.e.f. 01.01.2016.  It has, however, to be pointed out that even if there is merit in the contention of the Staff-Side involving this item, it does not qualify being called an anomaly when it is examined in the light of the three situations which, as per DoPT’s Q.M. No. 11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017, would constitute anomalies.	When the Govt. takes decision to deviate from the recommendation of Pay Commission whereby either all or a section of employees are to incur financial loss, it amounts to deviating from the policy or principle enunciated by the commission. In the instant case in the face of recommendation to continue with the existing scheme of DA, the Govt. has taken decision to reduce DA entitlement. Apart from long term impact it also unsettles the principle. The item is covered within the ambit of clause 1(a) of the definition (OM No. Dated 16.08.2016). item has to be admitted.
Implement  the recommendation on Parity in Pay Scale between Sr.  Auditor/Sr. Accountant of IA&AD and organized Accounts with Assistant Section Officer of CSS.  (Item No. XII)	The Staff-Side says that although the 5th, 6th and now 7th CPC’s have recommended that the pay-scales of different cadres/categories/grades requiring the same recruitment qualifications should be the same, denial of the same benefit to the Statistical Assistants (SA’s) who are otherwise at par with Assistant Section Officers (erstwhile ‘Assistant’) is a violation of the principle. While ASO’s are placed in the Pay-Matrix of 7, SA’s are in the Pay-Matrix of 6. This arrangement is stated to have disturbed the horizontal relativity between the pay-scales of the SA’s in the Organized Accounts and IA&AD Cadre and ASO’s in the CSS cadre. In conclusion, it has been requested that SA’s should also be placed in Pay-Matrix no. 7.  Even if, the present case comes across as one of anomaly, it appears that the interests of the Statistical Assistants only are involved. ASO’s of CCS are coming into the question; but only as a reference point, by way of comparison. Hence the Staff-Side is requested to take up this issue at the Departmental Anomaly Committee concerned.	Where an item is related to more than one department, the said item shall qualify for admission at the NAC. The item is covered by clause i(c) of the definition.
Technical Supervisors  of Railways  (Item No. XV)	This particular item is exclusively Railways-specific. The Staff-Side, NC OCM) is requested to take it up at the Departmental Anomaly Committee of MR) Railways.	We shall take up the above issue in Railway DAC.
Anomaly  in  the assignment  of replacement of Levels of pay in the Ministry of Defence, Railways, Mines etc in the case of Store Keeper   (Item No. XVI)	Staff-Side says that although ‘Store keeper’ is one such category of posts which is common to various Departments like Defence, Mines, Railways etc and in spite of the nature of job, responsibilities being similar, the pay-scale of storekeepers across all the Departments is not the same. It is still less in the M/o Defence even after the entry-level qualifications which were different before the 7th CPC stage, have been revised.  If what the Staff-Side remonstrates that even after the requisite changes had been carried out in the R/Rules, the 7th CPC did not take any cognizance of it is true, it has to be assumed that it is a policy decision of the Government. Moreover, the issue appears to be M/o Defence-specific. The Staff-Side is requested to take it up at the Departmental Anomaly Committee meeting of the M/o Defence.	Where an item is related to more than one department, the said item shall qualify for admission at the NAC. The item is covered by clause i(c) of the definition.
Anomaly arising from the decision to reject option-1 in pension fixation   (Item No. VII)	As per the ToR of the NAC, anomalies are basically pay-centric. Under this point, the contention of the Staff-Side is pension-centric. Furthermore, the Staff-Side has themselves clarified that post-7th CPC, Government had set up a CoS headed by Secretary(Pension) to look into the first option recommended by the 7th CPC. Eventually, this was not found feasible to be implemented. With such a decision having been taken at the CoS level, it cannot be called an anomaly. In view of this, we may inform the Staff-Side to separately take it up with D/0 Pension without treating it as an anomaly that can be taken up at the NAC.	It the Govt deviates from the recommendation of the Pay Commission it give rise so anomaly as the Pay Commission recommendations are in consonance with the policy it had enunciated. In the instant case Govt. setup a committee to go into the feasibility of implementation of the recommendation. Feasibility of implementation cannot be the basis for rejecting a recommendation. The very feasibility question itself will have to discussed at the meeting. The issue is well within the ambit of definition of clause i (a) OM Dated 16.8.2016, where the principle enunciated is disturbed by the Government.
Parity in Pay Scales between Assistants/ Stenographers in field / subordinate officers and assistant Section Officer and stenographers in CSS.   (Item No. XIII)	Although the heading of this item is self-explanatory, the relevant text given in the paper sent is not complete as the pay-scales of Assistants and stenos posted in field have not been mentioned therein. Until their pay-scales are known they cannot be compared to check whether there is indeed any anomaly. The Staff-Side is requested to provide more information that is relevant so that it can be properly examined to find out whether an anomaly arises here or not.	We shall send further details.

NC JCM Staff Side - National Anomaly Committee Meeting

NAC Meeting Proposed Discussion Items with Comments of DoPT – NC JCM Staff Side

JCM STAFF SIDE LETTER TO ANOMALY COMMITTEE

Shiva Gopal Mishra

Secretary

National Council (Staff Side)

Joint Consultative Machinery

for Central Government Employees

13C, Ferozshah Road, New Delhi – 110001

E-Mail : nc.jcm.np@gmail.com

No.NC-JCM-2017/7th CPC Anomaly

December 14, 2017

The Dy. Secretary-JCA,

Department of Personnel & Training,

North Block,

New Delhi

Sub:- Items proposed by the Staff-Side NC(JCM) for discussion in the National Anomaly Committee - Comments of DOPT regarding

Ref:- Your letter No.11/2/216-JCA-I(pt) dated 30/10/2017

Dear Sir,

Kindly refer to your cited letter.

We are sending our comments on each of the items on which the official side has conveyed objection.

However, we request you to convene a meeting so that the Staff Side can meet, discuss and finalize the items. The containing correspondence in this matter will only delay convening the NAC meeting.

Thanking you,

Yours faithfully,

sd/-

(Shiva Gopal Mishra)

Secretary

View Items

Brief Of The Meeting Held Today With The Cabinet Secretary – Secretary NC JCM Staff Side

Brief of the meeting held today with the Cabinet Secretary – Secretary NC JCM Staff Side

BRIEF OF THE MEETING HELD TODAY WITH THE CABINET SECRETARY (GOVERNMENT OF INDIA)

Shiva Gopal Mishra 

Secretary

National council (staff Side) 

Joint Consulative Machinery for 

Central Government Employees 

13-C, Ferozshah Road, New Delhi-110001 

E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2017

Dated: October 24, 2017

All Constituents of National Council(JCM)

Sub: Brief of the meeting held today with the Cabinet Secretary (Government of India)

Today I met the Cabinet Secretary(Government of India) and shown oru anguish for inordinate delay in finalzation of demands of the Central Government Employees, particularly National Pension System (NPS), Minimum Wage and Fitment Formula.

The Cabinet Secretary said that, he is aware of the problems of the Staff Side(JCM) raised by them from time to time and particularly to this issue and will definitely try to resolve them

Particularly on the issue of National Pension System(NPS) he said that the issue active consideration of the Government of India and we are trying to find out some solution to the problems arisen because of the NPS.

I also persuaded him to fix-up date of the meeting of the National Council(JCM), to which he said that, the agenda came, and some queries have been raised, which are still to be compiled by the DoP&T. He assured that, he will definitely fix-up the date of the meeting within a short period, and said that, before that, he will ask the Secretary(DoP&T) to hold meeting with the Staff Side.

I told to the Cabinet Secretary that, Central Government Employees are agitated because they feel that VII CPC has not done and justice with them and government is also ready to remove the issues pending before them.

This is for your information.

with Faternal Greetings!

Comradely yours,

sd/-

(Shiva Gopal Mishra)

Secretary(Staff Side)

Source: Confederation

Important Points Deliberated In The Standing Committee Meeting Of NC/JCM On 3rd May 2017

Important Points Deliberated In The Standing Committee Meeting Of NC/JCM On 3rd May 2017

No.IV/NFIR/SCM/Part VII

Dated: 04-05-2017

The General Secretaries of
Affiliated Unions of NFIR

Brother,

Sub: Issues discussed in the standing committee Meeting of NC/JCM held at Room No.119, North Block, New Delhi on 3rd May 2017 – reg.

The standing Committee Meeting of the NC/JCM held at Room No.119, North Block, New Delhi on 3rd May 2017 under the chairmanship Secretary (personnel), Government of India. S/Shri M.Raghavaiah, Leader JCM (Staff Side) and NFIR General Secretary, President NFIR Guman Singh, working President R.P. Bhatnagar and Vice President K.S.Murty have participated in the meeting while representatives of other Federations/Associations have also taken part in the meeting.

2 Important points deliberated in the meeting:-

(a) In the opening address, the Leader JCM (Staff Side) has conveyed to the Secretary (personnel), the serious disappointment and unhappiness among Central Government Employees over breach of Commitment on the part of Government on major issues. He cited the assurance given by the Senior Ministers on 30th June 2016 on the demand for revision of minimum wage, multiplying factor and official statement issued by the Ministry of Finance on 06th July 2016 for constituting High Level Committee to examine these issues for placing before the Cabinet. Unfortunately, only one meeting was held by the additional secretary issued by the Ministry of Finance on 6th July 2016 for constituting High Level committee to examine these issues for placing before the Cabinet. Unfortunately, only one meeting was held by the additional secretary (Expenditure) and therafter nothing is known on these vital demands even after lapse of about 10 months. The Leader JCM (Staff Side) also expressed unhappiness over lack of transparency on several issues discussed, consequently the JCM (Staff Side) is kept in dark, He pointed out that the 7th CPC recommendation for revision of pension to the retired employees and said that although the JCM (Staff Side) is the major stake holder and held discussions, the contents of the report of the Committee are not made available to us. This reveals that the Government does not bother to share the information with JCM (Staff Side), he pointed out.

(b) On Allowances, he said that though discussions with the Staff Side JCM, the views of the Committee headed by Finance Secretary are not shared with the JCM (Staff Side). Apart from this, the decision on Allowances has been procrastinated for several months leading staff dissatisfaction. He further said that it is not known whether the Government will be modifying the recommendations of 7th CPC on Allowances on the basis of justification given by the JCM (Staff Side) as the report of the Committee though finally submitted, the proposals are not known to JCM (Staff Side). He urged upon the Chairman of the meeting to convey JCM (Staff Side) demand that Allowances should be given effect from 01st January 2016.

3. On other issues, the Leader JCM (Staff Side) pointed out were as follows:-

(a) 14.29% hike in the wages of Running Staff in Railways has not been ensured inspite of Resolution of Finance Ministry, Government of India. He said that the Railway Ministry’s proposal is pending with Ministry of Finance.

(b) The references made by different ministries to the DoP&T/MoF as a result of discussions by the JCM constituents are pending with the Government without finality.

4. Conclusion:

(a) The Leader JCM (Staff Side) requested the Chairman of the meeting to convey unhappiness of the JCM (Staff Side) to the government and also take initiatives on the points highlighted above, mainly minimum wage, multiplying factor,Pension parity etc.

(b) The action taken statement on pending items have been reviewed in the meeting. The draft minutes are expected to be received soon from DoP&T and on finalization of the minutes, same will be circulated.

(c) The Railway related demands mainly counting of temporary status service of casual labour in full for the purpose of retirement benefits was discussed in the meeting. It was assured to consider after further consultations with the Ministry Of Railways.

(d) MACPS issues were discussed but however there is no finality.

(e) Re-fixation of pay of re-employed Defence Forces personnel in the Central Government (POBRs) – Under examination (ATS – S No.26/Item No.6(XIV)].

(f) So far as standing committee agenda items are concerned, special meeting will be convened by DoP&T for discussion.

The above is for information of the affiliates.

Yours fraternally,

(Dr.M.Raghavaiah)

General Secretary

Order Copy

Meeting Of The Standing Committee Of National Council (JCM)

Meeting of NC JCM Standing Committee will be held on 3.5.207

Meeting of the Standing Committee of National Council (JCM) – reg

MEETING NOTICE

F.No.3/3/2016-JCA (Pt)

Government Of India

Ministry of Personnel, PG & Pensions

Department of Personnel & Training

Establishment (JCA-2) Section

North Block, 

New Delhi.

Dated: 11th April, 2017

OFFICE MEMORANDUM

Subject: Meeting Of the Standing Committee of National Council (JCM) – reg

The undersigned is directed to say that the meeting of Standing Committee has been scheduled to be held on 3/5/2017 (Wednesday) under the Chairmanship of Secretary (P) to discuss the agenda item received from Secretary, Staff Side (NC-JCM), at 3.00p.m, in Room No. 119, South Block, New Delhi.

2. Kindly make it convenient to attend the meeting.

All Members of National Council (JCM) for the Standing Committee Members (As per list attached).

Copy for information to:

1. Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi.

2. General Secretary, AIRF, 4 State Entry Road, New Delhi

3. General Secretary, NFIR, 3 Chelmsford Road, New Delhi

Source: ncjcmstaffside.com