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

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

CGWNEWS - NCJA -Notice On 21st Nov 2018 - Important Meeting On 4th Dec 2018

CGWNEWS - NCJA -Notice On 21st Nov 2018 - Important Meeting On 4th Dec 2018

NC JCM Staff Side - Fixation Of Pay On Promotion

Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side

NC JCM Writes To Cabinet - Ad-hoc Bonus For Central Autonomous Bodies

Ad-hoc Bonus for Central Autonomous Bodies – NC JCM writes to Cabinet Secretary

NJCA - Revision Of Minimum Wage

Revision of Minimum Wage, Improvement of Fitment Formula and abolition of National Pension System (NPS) – NJCA

NJCA Decides To Observe “All India Demands Day” On 19.9.2018

NJCA Decides to Observe “All India Demands Day” on 19.9.2018

DoPT Orders - TA & DA For JCM Members

DoPT Orders - TA & DA For JCM Members

Minutes Of Anomaly Committee Meeting Points - NC JCM Staff Side

Minutes of Anomaly Committee Meeting Held on 17.07.2018 – NC JCM Staff Side

NJCA Resolution Letter To Govt

NJCA Letter with Resolution dated 3.7.2018

Resolution and Letter to Cabinet Secretary

National Joint Council of Action

4, State Entry Road, New Delhi-110055

No.NJCA/2018

Dated: July 3, 2018

Dear Comrades,

The NJCA met today and took note of the inordinate delay in honouring the commitment made by the Government on 30th June, 2016 in respect of Minimum Wage, Fitment Formula, Scrapping the New Contributory Pension Scheme, Option No.1 to Pensioners, Outsorucing, Regularization of Contract/Casual Workers, JCM revival etc.

At the end of the deliberations it was decided to adopt a resoultion and forward the same to the Government.

Copies of the Resolution and letter to the Cabinet Secretary are enclosed herewith, which are self-explanatory.

The NJCA will again meet on 18.08.2018 to finalize the future course of action in the matter of Indefinite Strike which was deferred on 06.07.2016.

Comradely yours,

sd/-

(Shiva Gopal Mishra)

Convener

Click to view the letter to Cabinet Secretary

Click to view the Resolution

Source: Confederation

NC JCM Staff Side - Merged Pay Scale of 5000, 5500 and 6500 with 4200 GP

Merged Pay Scale of 5000, 5500 and 6500 with 4200 GP – NC JCM Staff Side

Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order – reg.

Shiva Gopal Mishra

Secretary

Ph.: 23382286

National Council (Staff Side)

Joint Consultative Machinary

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

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

No. NC-JCM-2018/Fin.(Ano)

April 23, 2018

Joint Secretary (Pers)

Department of Expenditure

Ministry of Finance

North Block,

New Delhi – 110 001.

Subject : Fixation of pay in the merged Pay Scale of Rs.5000-8000 and Rs.5500-9000 with Rs.6500-10500 (5th CPC) in 6th CPC Pay Band-2 + Grade Pay Rs.4200/-

Reference: Item No. 1, 2, 3 and 4 of the Minutes of the National Anomaly Committee held on 17th July, 2012 circulated vide DOP&T OM F.No. 11/2/2008-JCA dated 13th September, 2012.

Sir,

Kindly refer to Para No. 8.1 of the Minutes of the Meeting of the 6 th CPC National Anomaly Committee held on 17th July, 2012. This is with regard to Item No. 1, 2, 3 and 4 i.e. fixation of pay in revised Pay Scale. The Staff Side in the meeting has reiterated their demand that the pay in the incumbents holding the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 should have been fixed by applying the multiplication factor of 1.86 at Rs. 6500 w.e.f. 01.01.2006 implying thereby that the commencement point of the Pay Band-2 should be at Rs. 12090/- based on 6500 x 1.863 = 12090 instead of Rs. 9300/- computed by multiplying Rs. 5000 x 1.86. The Official Side has rejected the demand of the Staff Side and after discussion it was decided that on this issue a disagreement may have to be recorded for referring the same to arbitration. Even though it is more than 5 years after the above decision we are not aware that what action has been taken to implement the decision taken in the National Anomaly Committee Meeting.

In this situation the affected Central Government Employees working in different Ministries have approached Court of Law for getting justice. Recently the CAT Ernakulum Bench in its Order OA No. 180/00569/2014 delivered on 03rd of April, 2018 has upheld the demand of the Staff Side and has given the following direction to the Government of India. The relevant portion of the Judgment is given below for your kind information.

14. It has to be borne in mind that CCS (RP) Rules, 2008 is a Rule notified under the proviso to Article 309 of the Constitution of India made by the President and hence it has a statutory status in the eye of law. Therefore, any interpretation of the provisions in the said Rules has to be in terms of the Rules itself. Any O.M. issued by way of clarification, explanation or prescribing the modalities for fixation of initial pay of the Government Employees as per the revised pay structure can be only in terms of what is stated in the Rules.

15. As observed above, going by the definitions of the terms ‘existing basic pay’ and ‘existing scale’ in the CDS (RP) Rules, 2008, Rule 7 fixation can be only in accordance with the afore-mentioned definitions of ‘existing basic pay’ and ‘existing scale’ only and not by way of administrative O.Ms and instructions contained in Annexure A-1 and Annexure A-2 communications. Therefore, we are inclined to quash and set aside Annexure A-1 and Annexure A-2 communications. We do so. We hold that the applicants are entitled to the declaration as prayed for and that the respondents should be directed to fix the initial pay of the applicants including all the members of Applicant No. 1 association in the revised pay structure by fixing their salary in the revised pay scale of Rs. 6500-10500 treating Rs. 6500/- as the existing basic pay as on 01.01.2006 with all consequential benefits. We order accordingly. This order shall be complied within 3 months from the date of receipt of copy of this order.”

In view of the above Judgement it is requested that without further prolonging the matter the above Judgment may be implemented by issuing a general instructions extending the benefit to all the similarly place Employees.

Awaiting for your favourable response please.

Thanking you,

Yours Faithfully,

(Shiva Gopal Mishra)

Secretary

Source: Confederation

Proposal Of The Staff Side To Record Disagreement Of Unsettled 6th CPC Anomalies

Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator Comments

No.35014/1/2014-Estt.D

Government of India

Ministry of Personnel P.G. & Pensions

Department of Personnel & Training

North Block, New Dlehi

Dated: 02.02.2018

Office Memorandum

Sub: Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator Comments, regarding

The undersigned is directed to refer to JCA Section’s OM No. 11/1/2015-JCA dated 29.11.2017 and OM No. 3/3/2016-JCA dated 18.01.2018 on the above mentioned subject. With regard to request of JCA Section to discuss the issue with Staff Side. It is stated that it is not known on which issue Staff-Side desires to discuss the issue. Since the MACP Scheme is very complex, it would be appropriate that the matter may be discussed in the JCM meeting itself. However, latest status on the issue raised by Staff Side in the Standing Committee meeting held on 27.07.2012, 25.10.2016 and 03.05.2017 are furnished as under:-

FOLLOW UP ACTION AND LATEST STATUS ON THE ISSUES DISCUSSED IN THE JOINT COMMITTEE MEETING ON MACP HELD ON 27.07.2012

S.No.	Item	Recommendations	Follow up action	Latest Status
1.	Grant of MACP in the promotional hierachy	Staff side was informed that it was not possible to agree to the demand. Demand for allowing individual option for either ACPS or MACPS  was also  not agreed to.	No, action is required	Matter is sub-judice before Hon’ble Supreme Court.
2.	Date of effect of MACP Scheme	Staff side was advised to reconsider their demand for making MACPS effective from 01.01.2006.	No action.	No action
3.	Counting of 50% of service rendered by Temporary Status Casual Labour for reckoning 10/20/30 years under MACP Scheme that post.	It was decided that this issue may be taken up by the staff side in the National Council separately.	No action is required
8.	Stepping up of pay of senior incumbents at par with junior incumbents as a consequence of ACP/MACPS.	Official side states that steeping up of pay in the pay band or grade pay w.r.to junior getting more pay than the senior on account of pay fixation under the MACP Scheme can be considered as a special dispensation and suitable clarificatory instructions will be considered.	1.       Instructions in this regard have been issued vide OM dated 04.10.2012. 2.       On a reference from Ministry of Railways, the issue was considered, wherein it was categorically stated that the anomaly in  Accounts Cadre of Railways cannot be attributed to ACP/MACP Schemes, but due to facility cadre structure.	7th CPC has recommended in Para 11.40.81 for stepping up of pay in circumstantial ground prevalent in M/o Railways. On the proposal of M/o Railways for accepting this recommendation of 7th CPC, file has been referred to D/o Expenditure for approval
9.	Benchmark for MACP	Suitable instructions to be issued that wherever promotions are given on non selection basis (seniority-cum-fitness) the prescribed benchmark as mentioned in para 17 of Annexure 1 of MACPS dated 19.05.2009 will not be applicable and the benchmark for promotion will apply for the purpose of MACPS.	Instructions in this regard have been issued vide OM dated 04.12.2012	As per recommendations of 7th CPC, Benchmark for MACP has been enhanced to Very Good for all the posts vide OM dated 28.09.2016
10.	Grant of ACP benefit to Artisan Staff of Ministry of Defence.	Official side informed that the matter has already been examined and it is not amenable so acceptance.	The matter has been again examined on a reference from M/o Defence.	The matter has been closed in the meeting of Standing Committee held on 03.05.2017.
11.	Issues already resolved and hence closed	Multiple issues	Closed.	No action.
12.	Employees who got one promotion prior to 01.09.2008 and completed over two decades of  service without benefit of promotion and are denied third MACPs.	Official side has stated that this is a peculiar situtation and agreed to consider this issue on the basis of a reference to be made by the Ministry of Railways.	On a reference from M/o Railways the issue was examined in consultation with the D/o Expenditure and the proposal was not agreed to.	No action.

Follow up action on the meeting of Standing Committee held on 25.10.2016 under the Chairmanship of Secretary (P) on the issues relating to MACPS

S.No.	Item	Recommendations	Follow up action
5(xii)	Ensuring Five Promotions in the Service Career and Grant of MACP in the promotional hierarchy.	It was observed by Secretary (P) that the reason behind delay in promotion was also due to delay in completion and implementation of cadre review report and instructions would be issued to speed up cadre review.	Action required from CRD Division. With regard to other demand i.e. grant of MACP in promotional hierachy, it is stated that if MACP will be granted in the promotional hierarchy, it will give rise to uneven benefit to employees falling in the same pay scale since several organizations adopted different hierarchical pattern. Consequently employees working in organizations having greater number of intermediate greater number of intermediate grades will suffer because financial upgradation under MACPS will place them in lower pay scale vis-à-vis similarly placed employees in another organization that had lesser intermediary grades. Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of level in the Pay Matrix
6(vii)	Grant of 3rdMACP in GP Rs. 4600/- to the Master Craftsman (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs. 4500-7000/- as on 31.12.2005.	Joint Secretary (Estt.). DoP&T informed that the issued would be re-examined.	Formal proposal of M/o Defence has been received. The matter was discussed with the representatives of M/o Defence twice i.e. on 19.01.2016 and 26.01.2016. The issue will be referred to D/o Expenditure for reconsideration of their earlier advice.
6(xiii)	Withdraw the stringent conditions unilaterally imposed by Government for grant of Modified Assured Career Progression (MACP) in promotion and grant MACP on promotional.	Staff Side demand that Government should either make MACP promotional hierarchy centric or they should not make it conditional..    Joint Secretary (Estt.). DoP&T explained that the principle stil remains the same as for promotion also, the benchmark is “Very Good”.	No action is required.

Follow up action on the meeting of Standing Committee held on 03.05.2017 under the Chairmanship of Secretary (P) on the issues relating to MACPS

S.No.	Item	Recommendations	Comments of Establishment Division
12.	Ensuring Five promotions in the Service Career	It was informed that when this anomaly was earlier pointed out to the Joint Committee it was promised that this would be reconsidered and rectified. They suggested that if the MACP scheme was considered more beneficial the employee should be given option to choose whether be wants ACP Scheme of MACP scheme. The Chairman desired to know if there was any pay commission recommendation on this issue, on which he was informed that there was not. It was decided that the Establishment Division would examine the issue further.	It is stated that if MACP will be granted in the promotional hierarchy it will give rise to uneven benefit to employees falling in the same pay scale since several organizations adopted different hierarchical pattern. Consequently employees working in organizations having greater number of intermediate grades will suffer because financial upgradation under MACPS will place them in lower pay scale vis-à-vis similarly placed employees in another organization that had lesser intermediary grades. Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of levels in the Pay Matrix.
19.	Grant of 3rdMACP in GP Rs. 4600 to the Master Craftsmen (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs. 4500-7000 as on 31/12/2005	Establishment Division had through their letter dated 09.02.2017 informed that a formal proposal of M/o Defence had been received. The matter was discussed with the representatives of M/o Defence twice i.e. on 19.01.2016, and 26.01.2016. The issue will be referred to D/o Expenditure for reconsideration of their earlier advice. The Staff-Side expressed satisfaction with the action taken. It was decided that the item may be closed.	No action.
25	Withdraw the stringent conditions unilaterally imposed by Government on grant of Modified Career Progression (MACP) in promotions and grant of MACP on promotional hierarchy.	JS (Admn and JCA) informed that ever since the introduction of disclosure of APARs, the number of employees getting higher level of gradings may rise. Proposal needed to be evidence based. It was decided that the Ministry of Railways may provide data on the trend of recorded gradings of APARS.	Though the matter assigned to M/o Railways, however, it is stated that the issue of enhancing the benchmark for promotion is under active consideration of the Government and the modalities decided in the matter of promotion will be made applicable in the case of MACP.

2. This issues with the approval of Joint Secretary (Establishment).

(Kuldeep Chaudhary)

Section Officer

Ph.No. 23040398

Source: Confederation

Confederation - Proposal to record disagreement of the unsettled 6th CPC anomalies

Proposal to record disagreement of the unsettled 6th CPC anomalies – Confederation

F.No. 11//1/2015-JCA

Government of India

Ministry of Personnel, PG and Pensions

Department of Personnel & Training

North Block, New Delhi

Dated May 11, 2018

Shri S.G. Mishra
Secretary, Staff Side
National Council Staff Side (JCM),
13-C, Ferozshah Road
New Delhi – 110 001

Subject: Proposal to record disagreement of the unsettled 6th CPC anomalies – regarding

Sir,

I am directed to refer to your letter no. NC-JCM-2008/6th CPC dated 14.08.2017 on the subject cited above and to forward herewith a copy of the comments received from the Establishment Division vide OM No. 35014/1/2014-Estt.(D) dated 02.02.2018 regarding issues concerning the Modified Assured Career Progression Scheme.

2. It is requested that comments on the aforesaid, if any, may kindly be sent to this Department.

Encl: As above

Yours sincerely,

(Raja Sarawati)

Under Secretary (JCA)

Source: Confederation

Brief of the meetings held between the Staff Side(JCM) and Official Side

Brief of the meetings held between the Staff Side(JCM) and Official Side

Shiva Gopal Mishra
Secretary

National Council (Staff Side)

Joint Consultative Machinery

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

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

No.NC/JCM/2018

Dated: April 10, 2018

The General Secretaries,
All Constituents Organizations of the JCM(Staff Side)

Dear Comrades,

Sub: Brief of the meetings held between the Staff Side(JCM) and Official Side

Met yesterday, i.e. on 9th April, 2018, with the Secretary(DoP&T), Government of India, Dr. C. Chandramauli, who joined recently, and requested him for holding meetings of the Standing Committee of the NC/JCM and National Anomalies Committee at an earliest. He has promised for the same.

Today, i.e. on 10th April, 2018, met the Cabinet Secretary, Government of India, and handed him over a copy of the enclosed letter.

He said that, the issue of the NPS is under finalization and Secretary(Pension), Government of India, had very recently given presentation. He further said that, there would be some visible changes in the NPS.

On the issue of Minimum Wage and Fitment Formula he once again mentioned that it depends totally on the political call.

So far the issue of non-holding of meetings of the National Council(JCM) is concerned, he said that he would try to hold this meeting very shortly.

This is for your information.

Sincerely Yours,

sd/-

(Shiva Gopal Mishra)

Secretary(Staff Side)

National Council(JCM)

Source: http://ncjcmstaffside.com

NC JCM Staff Side - Pending Issues Of Central Government Employees

Pending issues of Central Government Employees – NC JCM Staff Side

Shiva Gopal Mishra

Secretary

National Council (Staff Side)

Joint Consultative Machinery

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

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

No.NC-JCM-2018-CS/PM

April 10, 2018

The Cabinet Secretary,

Government of India

Cabinet Secretariate,

Rastrapati Bhawan,

New Delhi.

Sub: Pending issues of Central Government Employees

Dear Sir,

As you are aware that the Central Government Employees issues particularly review of New Pension Scheme, Minimum Wage and Fitment Formula are pending since long. Its unfortunate that inspite of assurance given by Cabinet Ministers and our pursuation with you time to time has not yilded any result so far. We had deffered the strike on a clear cut assurance but the committees formulated to resolve the issues have not done any thing, with the result creating lot of anguish amoagest Central Government Employees.

It is also unfortunate that inspite of continues persuation the meeting of National Council has also not been fixed gives an impression than no body is serious for resolution of long pending demands of Central Government Employees. The National Council JCM (Staff Side) had tried its level best for a negotiated settlement but unfortunatly could not succed due to willy nilly atitude of Government.

In view of all round dissatisfaction among Central Government Employees it is requested that the above demands could be resolve without further loss of time and meeting of National Council (JCM) should also be convend at an earliest to resolve the other issues submitted as agenda.

Thanking you,

Yours faithfully,

(Shiva Gopal Mishra)

Secretary

Source: http://ncjcmstaffside.com

Brief of the meetings held between the Staff Side(JCM) and Official Side

NC JCM Staff Side - Exemption Of Transport Allowance And Medical Reimbursement From Income Tax

Exemption of Transport Allowance and Medical Reimbursement from Income Tax – NC JCM Staff Side

National Council Staff Side Secretary writes to Finance Ministry regarding the exemption of Transport Allowance and Medical Reimbursement from Income Tax

Shiva Gopal Mishra
Secretary

Ph: 23382286

National Council (Staff Side)

Joint Consultation, Machinery

For Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

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

No.NC/JCM/2018

Dated: February 2, 2018

Hon’ble Finance Minister,
Ministry of Finance,
(Government of India),
North Block,
New Delhi

Respected Sir,

Sub: General Budget 2018-19

We hope that, standard deduction, up to Rs.40,000 in the Budget (2018-19) announcement, was provided to give some relief to the salaried class, but at the same time, there is serious resentment in the salaried class in general and the Central Government Employees in particular because of non-enhancement of limit of the Income Tax.

We were hopeful that, in this budget, the Central Government would provide Income Tax exemption, if not Rupees Five Lakh, definitely Four Lakh, but nothing has been done, which has resulted in desperation in the Government Employees. Moreover, Education Cess has been increased from 3% to 4%, which will further put additional tax burden on the salaried class. In such a situation standard deduction given by the government will definitely not going to help to any salaried employees.

Not only the above, Transport Allowance and Medical Reimbursement, used to exempt earlier, have also been stopped in this budget, has given another blow to the salaried class.

Since there is all-round resentment in the salaried class, it would be in all appropriateness if the Income Tax Exemption is enhanced to minimum Rupees Four Lakh.

Sir, Government Employees are also very eagerly awaiting for improvement in the Minimum Wage and Fitment Formula as well as announcement of the Guaranteed Pension to the employees covered under the National Pension System(NPS). These also need to be given top priority to keep industrial peace among the Government Employees.

It is also requested that, Transport Allowance and Medical Reimbursement, almost exempted from the Income Tax, should also remain exempted from the Income Tax, to give some relief to the government employees in distress.

With Kind Regards

Sincerely yours

sd/-

(Shiva Gopal Mishra)

Secretary(Staff Side)

National Council(JCM)

Source: NCJCM

NC JCM Staff Side - Issue Of Pension Pay Orders (PPO) To The Pensioners

Issue of Pension Pay Orders (PPO) to the pensioners – NC JCM Staff Side

Shiva Gopal Mishra
Secretary

Ph: 23382286

National Council (Staff Side)

Joint Consultative Machinery

For Central Government Employees

13-C, Feroshah Road, New Delhi – 110001

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

No.NC-JCM-2018/Pension

Januray 16, 2018

The Secretary,
Department of Pension & Pensioners Welfare
3rd Floor, Lok Nayak Bhawan,
Khan Market,
New Delhi – 110003

Sub: Issue of Pension Pay Orders (PPO) to the pensioners.

Dear Sir,

Pension Pay Orders (PPO) issued to retiring employees by the office of the Principle CDA (Pension) Allahabad given the following details:-

1. Name of the Pensioners

2. PPO No.

3. Aadhar No.

4. Mobile No.

5. Date of Birth & Post last held

6. Name of the establishment in which employed

7. Date of Appointment

8. Amount to be paid & pensionery Awards

9. Enhance date of pension etc

Whereas the residential address at the time of retirement of the employee at the time of retirement is mot mentioned. Due to this, the pensioners face difficulties to entol themselves in CGHS beneficiary as there is no residential address in the PPOs. It is therefore, requested that the pensioners residential address is required for further correspondence also. Accordingly, PCDA may please be firected to include the Column of residential address of the pensioners as was done earlier.

Thanking you,

Yours faithfully,

sd/-

(Shiva Gopal Mishra)

Secretary

Source: Confederation

NC JCM Staff Side - New Pension Scheme Committee Report Finalised And Submitted To Government

NPS Committee Report Finalised and Submitted to Govt – NC JCM Staff Side

“New Contributory Pension Scheme setting up of the Committee – report”

Shiva Gopal Mishra
Secretary

Ph: 23382286

National Council (Staff Side)

Joint Consultation, Machinery

For Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

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

No. NC-JCM-2017/Fin

January 16,2018

The Cabinet Secretary,
Government of India,
Cabiner Secretariate,
Rastrapati Bhawan,
New Delhi

Sub: New Contributory Pension Scheme setting up of the Committee – report reg.

Dear Sir,

As per the 7th CPC recommendations, Govt had set up a committee under the Chairmanship of the Secretary, to look into the various complaints received by the commission on the new contributory Pension Scheme. As the stake holders, we had interacted with the Committee. We have now come to know that the committee, having finalised its report, submitted the same to you.

We request that the Staff Side–JCM may be provided with a copy of the report and our views are heard and presented, before the Government takes a final view on the matter.

Thanking you,

sd/-

Yours faithfully,

Shiva Gopal Mishra

Source: Confederation

NC JCM Staff Side - MACP Scheme Effective From 1.1.2006 Instead Of 1.9.2008

MACP Scheme Effective from 1.1.2006 instead of 1.9.2008 – NC JCM Staff Side

“Item No.2, 10 and 48 of the Joint Committee of MACP – Agenda items of the Standing Committee”

Shiva Gopal Mishra

Secretary

Ph: 23382286

National Council (Staff Side)

Joint Consultation, Machinery

For Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

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

No. NC-JCM-2017/Fin

January 16,2018

The Secretary,

Department of Personnel & Training,

North Block,

New Delhi

Dear Sir,

Sub:- Item No. 2,10 and 48 of the Joint Committee of MACP – Agenda items of the Standing Committee:

Kindly refer to the above. All the three items, which were discussed together pertains to the date of effect of the MACP Scheme which was introduced by the Government on the basis of the recommendations of the 6th Central Pay Commission. The Staff Side demand to give effect to the revised promotional scheme from the date of the effect, the Report of the Commission itself i.e on 1.1.2006 was unfortunately not accepted by the official side and was not allowed to reach its logical conclusion i.e. either by an agreement or disagreement.

We now send herewith copy of the judgement of the Hon’ble Supreme Court in the matter vide W.P 3744 of 2016 dated 08/12/2017.

The Hon’ble apex court has categorically stated that the Govt’s decision to make the scheme effective prospectively was wrong and the scheme has to be implemented with effective from 1.1.2006. We request that the Govt. may issue necessary orders making the MACP Scheme Effective from 1.1.2006 instead of 1.9.2008. While issuing such an order it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered I from them in this connection.

Thanking you

Yours faithfully,

sd/-

Shiva Gopal Mishra

Secretary

Source: Confederation

NC JCM Writes To Finance Ministry - Merger Of Pay Scales Of The Promotional And Feeder Posts

Merger of Pay Scales of the Promotional and Feeder Posts – NC JCM writes to Finance Ministry

Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg

Shiva Gopal Mishra

Secretary

National Council (Staff Side)

Joint Consultative Machinery

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

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

No.NC/JCM/2018

Dated: January 18, 2018

The Secretary(Exp.),

Ministry of Finance,

Department of Expenditure,

New Delhi

Dear Sir,

Sub: Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.

Ref.: (i) Deptt. of Expenditure, MoF’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III(A) dated 16.10.2015

Through this missive, your kind attention is drawn towards Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule 13 of CCS(RP) Rules, 2008.

In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010.

Now, as per instruction of the Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008, in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and who opted 6th CPC w.e.f. 01.01.2006.

However, it has to come to our knowledge that, the benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as per the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant (RP) Rules, 2008 with effect from the date of promotional/financial upgradation instead of 01.01.2006 by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010(as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions in Deptt. of Expenditure’s OM dated 16.10.2015.

It has also come to our knowledge that, some of the Railways have made a reference on this issue seeking clarification regarding extending the benefit of the above mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP) Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this issue of revision of option to switch over to the 6th CPC in view of unforeseen events etc. to the Deptt. of Expenditure(Ministry of finance). Despite elapse of more than 12 months, no response has been received in this regard from Deptt. of Expenditure(Ministry of Finance) to resolve the genuine demands of these employees.

In this connection, it is stated that as these are the unforeseen developments or change of rule, the opportunity to revise option for fixation under the Rule of the CCS(RP) Rules, 2008 may be given to these employees in these conditions, as it is more beneficial for them as now. Had they were aware with the fact that any such benefit of pay fixation would be extended in future (as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015), they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates of promotion/financial upgradation as per the option provided vide Deptt. of Expenditure’s OM dated 05.07.2010.

In view of the above, you are requested to issue necessary clarifications in this regard to all the Ministries/Departments of the Government of India, so that, the aggrieved staff should get the opportunity to re-exercise their option under rule-6 of CCS(RP) Rule, 2008 to switch over to CCS(RP) Rules, 2008 w.e.f. 01.01.2006 and get the benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.

With Regards!

sd/-

(Shiva Gopal Mishra)

Secretary(Staff Side)

National Council(JCM)

Source: http://ncjcmstaffside.com

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.