Minutes Of Anomaly Committee Meeting Points - NC JCM Staff Side

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

Next Meeting Schedule Of NAC On 17th July 2018

Meeting of National Anomaly Committee on 17.7.2018

Next Meeting of National Anomaly Committee to be held on 17.7.2018

Staff Side
Meeting Notice

F.No.11/2/2016-JCA(Pt)

Government of India

Ministry of Personnel, PG & Pensions

Department of Personnel & Training

Establishment (JCA-2) Section

North Block, New Delhi

Dated July 13, 2018

Meeting Notice

Subject: Meeting of the National Anomaly Committee – regarding

The next meeting of National Anomaly Committee under the Chairmanship of Secretary (P) is scheduled to be held on 17.07.2018 (Tuesday) at 11.00 A.M. in Room No.119, North Block, New Delhi.

2. Kindly make it convenient to attend the meeting.

sd/-

(Juglal Singh)

Deputy Secretary (JCA)

To
All Members of the National Anomaly Committee of National Council (JCM) – (As per list attached)

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

INDWF - Minutes Of NAC Meeting Held On 11-1-2018

Minutes of NAC Meeting held on 11.1.2018 – INDWF

Minutes of the Meeting held on 11.01.2018 to discuss the admissibility of the agenda items received from the Staff Side, NC (JCM) for discussion in the National Anomaly Committee (NAC) for the 7th Central Pay Commission

F.No.11/2/2016-JCA-I(Pt.)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel Training

North Block, New Delhi

Dated: 16 February, 2018

To

Shri Shiv Gopal Mishra

Secretary, Staff-Side

National Council (Staff Side)

Joint Consultative Machinery for, Central Government Employees

13-C, Ferozeshah Road, New Delhi-110001

Subject: Minutes of the Meeting held on 11.01.2018 to discuss the admissibility of the agenda items received from the Staff Side, NC (JCM) for discussion in the National Anomaly Committee (NAC) for the 7th Central Pay Commission.

Sir,

Please find enclosed a copy of the Minutes of the meeting held under the Chairmanship of Joint Secretary (Establishment) on Thursday the 11th January, 2018 at 1500 hours in Room No. 190, conference Room, North Block, New Delhi with the representatives of Staff Side, NC(JCM) for information and necessary action.

2. As per discussion in the above meeting, Staff Side may please reconsider their views on Item No. 7. A copy of the recording during the meeting enclosed for perusual.

Yours faithfully,

(D.K. Sengupta)

Deputy Secretary to the Government of India

Tel. 23040255

MINUTES OF THE MEETING HELD ON 11.01.2018 TO DISCUSS THE ADMISSIBILITY OF THE AGENDA ITEMS RECEIVED FROM THE STAFF SIDE FOR DISCUSSION IN THE NATIONAL ANOMALY COMMITTEE (NAC) FOR THE 7TH CENTRAL PAY COMMISSION

A meeting was held under the chairmanship of Shri G.D. Tripathi, Joint Secretary (Establishment), Department of Personnel & Training with the representatives of Staff Side of the National Anomaly Committee and senior officers from the other Ministries/Departments concerned at 3.00 p.m. on 11.01.2018 in Room No. 190, North Block, DoPT, New Delhi to consider the admissibility of the 18 itmes of anomaly forwarded by the Staff-Side of the National Council of JCM for settlement through discussion at the NAC constituted after the Seventh Central Pay Commission. The list of participants is at Annexure.

2. The Chairman welcomed the representatives of the Staff-Side of the National Anomaly Committee and asked Deputy Secretary (JCA) to briefly inform the participants the purpose for convening this meeting.

3. Deputy Secretary (JCA) informed that following the acceptance of the recommendations – to the extent they have been – of the 7th Central Pay Commission by the Government, the National Anomaly Committee has been constituted by DoPT. Subsequently, on receipt of a representation from the Staff Side, NC(JCM), the definition of what would constitute an anomaly has been revised and notified. Therefore, as per the revised scope of definition, anomaly will include the following cases;

• a) Where the Official-Side and the Staff-Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any reason;
• b) Where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure as notified vide CCS(RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules;
• c) Where the Official side and the Staff Side are of the opinion that the vertical and horizontal relativities have been disturbed as a result of the 7th Central Pay Commission to give rise to anomalous situation.

4. Deputy Secretary (JCA) mentioned that a letter dated 16.08.2017 had been received from Secretary, Staff-Side proposing to discuss 15 items in the National Anomaly Committee (NAC). Subsequently, another letter dated 31.08.2017 was also received proposing 3 additional items. On examining these 18 items against the three (03) yardsticks as stated in para-3 above, it was felt that while some agenda items clearly fall within the definition of ‘anomaly’, there are a few which cannot be termed ‘anomaly’ as such, bordering more, as they are, on the side of ‘demands’. There are a few more which apparently by virtue of affecting the interests of one Department should rather be taken up at the Departmental Anomaly Committee. On sharing the findings of this Preliminary examination with the Secretary, Staff-Side, a communication was received from him suggesting inter-alia, besides giving their own reasons for retaining the same agenda – except one item – for the NAC deliberations, that a meeting be convened to discuss and finalize the items so as to to avoid delay in convening the NAC meeting.

5. The Chairman then requested the leader of the Staff-Side and other members to put across their points of view on the issue.

6. The Leader, Staff-Side, thanked the Chairman for convening the meeting at the suggestion of Secretary, Staff-Side and initiated the discussion by emphasising that the next meeting of the National Council under the Chairmanship of Cabinet Secretary should be held urgently as more than 7 years have passed since the last such meeting was held. He referred to the background against which the JCM scheme has been institutionalized and stressed that the purpose of JCM is to avoid confrontation between the Government and its employees. He requested that the sentiments of the Staff-Side may be conveyed to the Cabinet Secretary so that the meeting of the National Council, JCM may be held without any further delay. He also suggested that the Cabinet Secretary should meet the Standing Committee of the National Council, JCM soon after the Republic Day celebrations so that the deliberations can be be held on all pending issues. The Leader, Staff-Side further stated that there are many issues arising out of the 7th Central Pay Commission’s recommendations which are still to be settled to the satisfaction of the Staff-Side. He particularly mentioned about the recommendations relating to New Pension Scheme, Minimum Pay, Fitment Formula, etc.

7. Secretary, Staff-Side also expressed similar views about lack of interaction between the Official-Side and the Staff-Side. He mentioned that the institutions of JCM machinery has become defunct and stated that the meetings of the Standing Committee and the National Council, JCM should be called without any further delay. He also mentioned that the Group of Ministers had met the staff representatives and given some assurances for favourable consideration regarding the Minimum Pay and Fitment Formula. But even after 1-1/2 years, no decision has been conveyed by the Government. He regretted that inspite of the report submitted by NPS Committee, nothing fruitful has been done for bringing new pensioners under defined and guaranteed pension scheme. He stated that based on the assurance given by the group of Ministers, the Staff Side had deferred the call for strike but now it is getting very difficult for them to control the resentments of the staff. He stressed the need for frequent interactions so that each side can appreciate the other’s views. He also mentioned that no decision has yet been conveyed on the 6th CPC related unresolved anomalies which, the Staff-Side feels, should be sent for arbitration as the Staff-Side has recorded its dissatisfaction on them.

(Action: D/o Pension & JCA Division, DoPT)

8. The Staff-Side members representing M/o Defence stated that they are on a hunger fast joining with the 4 lakhs Defence Civilian Employees to protest against the various decisions taken by Ministry of Defence against their interest. They lodged their protest aginst what they called ‘arbitary’ policy decisions made by the Government about outsourcing of jobs hitherto done in the ordince factories, converting Army Base Workshops to GOCO Model, closure of Station Workshops, Military Farms and Depots under Army Headquarters thereby rendering 31,000 Employees surplus including 9000 employees of Military Engineer Service, granting Uniform Allowance to the soldiers by stopping the practice of getting them stitched through almost 12000 Employees in 5 Ordnance Factories etc. This is against the assurance given by the Defence Ministry in the past to the Staff Side that the jobs being perfomed by ordnance factories would be outsourced. They also protested against the violation of the direction of Cabinet Secretary by the Ministry of Defence in that the Staff Side has not been consulted before deciding on outsourcing, closure, merger, declaring manpower surplus etc. They demanded that MoD may be directed to immediately hold discussions with the Staff Side and settle the issues in the interst of the Defence Industry and its employees

(Action: M/o Defence)

9. The Staff Side also raised the following issues:-

a) The demand of the Staff Side for extension of the date of option for switching over to 7th CPC Pay Scales from a date on which the employee got promotion/MACP is not yet settled. Necessary instructions may be issued in this regard.

(Action: Establishment Division, DoPT)

b) The Report of the NPS Committee even though submitted to the Government in August, 2017 the Staff Side is not yet given a copy of the same. The same may be given to the Staff Side and a meeting may also be held with the Staff Side by the Government before taking any decision on the recommendations of the NPS Committee.

(Action: D/o P & PW)

c) The Staff Side also pointed out what they felt arbitrariness of the decision of the Government to close down the various printing presses without even holding any discussion with the Staff Side. The employees have been asked to immediately get themselves, relived and join at faraway places. They added that assurances were given by the Cabinet Secretary at the National Council that the Government would discuss the problems faced by the staff and resolve the same in all cases when the Government decides to wind up any of its functions.

(Action: M/o Urban Development)

10. The Chairman stated that he has taken note of all the concerns expressed by the Leader, Staff-Side, Secretary Staff-Side and the other representatives of the Staff-Side. He stated that the work on finalizing the comments on the Agenda for the meeting with the National Council, JCM has been going on and another two weeks would be required to finalize the comments and thereafter the convenience of the Cabinet Secretary would be sought so that the meeting of the Standing Committee can be held in the month of February, 2018. He stated that the purpose of today’s meeting was to familiarize with the issues as well as to arrive at a mutually agreed decisions as to which of them should be taken up for discussion and settlement at the NAC so that the first meeting can be convened at the earliest. He further emphasised that the items on which the Government, has held a view different from that of the 7th CPC would not be taken up for discussion at the NAC since the Government decisions on them are well-thought-out and conscious ones. However, where there is a disagreement between what has been recommended and what the 7th CPC should have recommended as part of its policy/principles would figure in NAC discussion.

11. It was seen that there are seven (7) proposed items which clearly fall within the definition of ‘Anomaly’. At the conclusion of the discussions, the following was agreed to in respect of the remaining eleven (11) items:

Item No.	Description	Decision
1	Anomaly in computation of minimum wage	In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
2	3% Increment in all stages	In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
6	Remove Anomaly due to index rationalization	In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
7	Anomaly arising from the decision to reject option No.1 in pension fixation	Sent back to Staff-Side for reconsideration of its views
10	Minimum Pension	The Staff-Side will take up this issue with the Department of Pension & Pensioners Welfare separately. This will not be treated as an anomaly.
11	Date of effect of Allowances-HRA, Transport Allowance, CEA etc	Thil will be taken up separately as an item in the Standing Committee meeting
12.	Implement the recommendation on Parity in Pay Scale between Sr. Auditors / Sr. Accountant of 1A & AD and organized Accounts with Assistant Section Officer of CSS.	As this was already under examination in the Department of Personnel & Training it would not be taken up for discussion in NAC at this stage. If it remains undecided at the later stage, it will be included for discussion in NAC.
13	Parity in pay scales between Assistants/ Stenographers in field/ subordinate offices and Assistant Section Offices and Stenographers in CSS	The Staff-Side, NC (JCM) will provide additional details
15	Technical Supervisors of Railways	The Staff-Side, NC(JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Railways.
16.	Anomaly in the assignment of replacement of Levels of pay in the Ministry of Defence, Railways, Mines etc in the case of Store Keepers.	The Staff-Side, NC (JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Defence. JCA Division will write to Ministry of Defence in this regard.
18.	Anomaly in the grant of DA instalment w.e.f. 01.01.2016	In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.

12. The meeting concluded with a vote of thanks to the Chair.

LIST OF PARTICIPANTS IN THE PRE-NATIONAL

ANOMALY COMMITTEE OF THE NATIONAL COUNCIL (JCM) HELD ON 11/01/2018

S.No.	Staff-Side	Official-Side
1	Shri Shiv Gopal Misra	Shri G.D. Tripathi
2.	Shri M. Raghavaiah,	Shri Amar Nath Singh
	Shri Rakhal Das Gupta	Shri Harjit Singh
	Shri J.R. Bhosle	Ms. Sujasha Choudhury
	Shri Guman Singh	Ms. Nirmala Dev.
	Shri C.Srikumar	Shri Jaya Kumar.G.
	Shri K.K.N. Kutty	Shri A.K. Jain
	Shri Sankara Rao	Shri Charanjit Taneja
	Shri R. Srinivasan	Shri Rajeev Kumar Bahree
	Shri R.P. Bhatnagar	Shri Ram Gopal

Anomalies In Implementation Of 6th CPC

Ministry of Personnel, Public Grievances & Pensions

Anomalies in implementation of 6th CPC

A National Anomaly Committee, comprising 8 members from the Official-Side and 12 members from the Staff-Side was set up to settle the anomalies arising out of the implementation of the recommendations of the 6th Central Pay Commission.

There were five (5) meetings of the National Anomaly Committee where 55 anomalies were settled out of total 59 anomalies which were raised. The remaining 4 anomalies are pending finalisation.

A National Anomaly Committee comprising 9 members from the Official-Side and 13 members from the Staff-Side has been constituted to discuss the anomalies arising out of the implementation of the recommendations of the 7th Central Pay Commission. An agenda consisting of 18 items has been received from the Staff-Side for discussion which is under examination for convening the first meeting of the Committee.

This was stated by the Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to question in the Rajya Sabha today.

Source: PIB

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.