MINUTES OF THE THIRD MEETING OF NATIONAL ANOMALY COMMITTEE
MINUTES OF THE THIRD MEETING OF NATIONAL ANOMALY COMMITTEE HELD ON 15th FEBRUARY 2011The third meeting of the National Anomaly Committee (NAC) was held on 27th March 2010 in Conference Room No.119, North Block, New Delhi under the Chairpersonship of Secretary (Personnel).
A list of participants is annexed.
2. The Chairperson welcomed the representatives of the Staff Side and Official Side. Referring to the healthy and fruitful discussions held during the earlier meetings of the NAC, she expected similar cooperation and mutual understanding so that the anomalies could be resolved to the satisfaction of all. She referred to the 46th Meeting of the National Council (JCM) and two meetings of the Joint Committee on Modified Assured Carrier Progression Scheme (MACPS) held in 2010 and stated that she expected the Staff Side to finalise the agenda of the Standing Committee of the National Council (JCM) as well so that a meeting of the same could also be convened early.
3. Thereafter, the Chairperson suggested that those agenda items may be taken up for discussion which had not yet been discussed in the earlier two meetings. She also referred to the special agenda item included on the directions of the Hon’ble High Court of Madras viz., pay of the drivers of the Department of Posts. The Chairperson informed that suitable action had already been taken with respect to agenda item No.31 relating to Child Care Leave. Regarding the MACPS. the Chairperson stated that most of the issues have been discussed with the Staff Side and clarifications issued thereon thereby resolving the same. She stated that as MACPS is only a fall back option in case of delay in promotions, all the cadre controlling authorities have also been directed to review the structure of the cadre in order to ensure timely promotions. She requested the Staff Side to forward a list of Frequently Asked Questions to the DoPT so that the misgivings! misunderstandings regarding the recommendations of the 6th CPC could be further removed. She once again welcomed everyone and reiterated the resolve of the Government to remove all the anomalies in a fair and just manner.
4. Secretary of the Staff Side Shri Umraomal Purohit thanked the Chairperson and gave a brief background of the Scheme of Joint Consultative Machinery and Compulsory Arbitration. He referred to the delays in holding the meetings especially at the departmental level and requested the Official Side to monitor the same. Thereafter, he referred to the undue delays in issuing of important orders I instructions and requested that such delays should be minimised so that the concerned employees do not suffer. He agreed to the suggestion of the Chairperson, that agenda items which had not been discussed at all may be taken up first. He urged the Official Side to devote more time and efforts to ensure that meetings of the National Council / Standing Committee and Anomaly Committee are held more frequently. He once again thanked the Chairperson and assured of full cooperation of the Staff Side in all matters.
5. Responding to the opening remarks of the Secretary, Staff Side, the Chairperson stated that comprehensive instructions have afready been issued to all Ministries! Departments to ensure meetings of the Departmental Council are held as per the mandate of the JCM Scheme. The Chairperson further assured the Staff Side that the matter would be looked into and requested the Staff Side to forward the names of the Departments where either the Councils were not functioning or timely meetings of the same are not being held. Regarding the meeting of the Standing Committee of the National Council, the Chairperson stated that the same would be convened as soon as the agenda gets finalised. She added that she would take up the issue of holding the next meeting of the National Council with the Cabinet Secretary once the agenda is finalised.
6. The anomalies were subsequently taken up for discussion as per the agenda as follows:
Item No 11: Grant Revised Allowances with effect from 01.01.2006
The Staff Side was asked to forward such a list of statutory allowances for further examination of the Department of Expenditure.
The 6th CPC had recommended a uniform multiplication factor of 4 for revision of TA of all categories of employees. Thereafter, after consultation with the Staff Side, at the time of implementation of the recommendations of the 6th CPC, the Government increased the TA for employees in PB-I from Rs. 400 + DA to Rs 600+DA for Al/A class cities and from Rs 300 + DA to Rs.400 +DA for other cities. Therefore, the multiplication factor used for revision of TA was actually skewed in favour of the low paid employees. Therefore, there was no justification for any further revision of the rates of TA and there was no anomaly in the matter. The Staff Side pointed out that in order to have a realistic picture, the multiplication factor in respect to the revised TA rates vis-a-vis the earlier TA rates plus CCA should be examined.
The Staff Side was asked to forward the required calculations to the Department of Expenditure for examination.
Regarding reckoning a portion of the TA for computation of the Overtime Allowance (OTA), the Official Side stated that the 6th CPC has in fact recommended for substitution of OTA with Performance Related Incentive Scheme (PRIS). Therefore, the whole issue was not relevant now.
The Staff Side was asked to forward specific details of the matter to the Department of Expenditure for examination.
With respect to employees loosing the part of TA representing CCA while on tour for more than 15 days, the Official Side stated that 6th CPC has given a specific recommendation to merge the CCA with TA and therefore, this could not be construed as an anomaly.
Item No 14: Revision of Existing Allowances
The Official Side stated that Department of Personnel & Training has held a series of interdepartmental meetings with various Ministries I Departments and General Insurers’ (Public Sector) Association of India (GIPSA). As per the advice of GIPSA, it was decided to have consultations with the LIC of India for providing health based insurance package identifiable as an insurance product by IRDA. The LIC of India has been contacted through the Department of Financial Services and the response from them is awaited. Therefore, the process is likely to take some more time. In case, the Government was not able to come up with an insurance product as recommended by the 6th CPC, the issue regarding doubling the existing rates could be taken up for examination.
The Staff Side further contended that it would not be easy to design an insurance product on the lines of the recommendations of the 6th CPC because of the variable nature of jobs being entrusted to the employees. For example, it may be possible that an employee who is working in a risk prone area may get transferred to some other area not involving risk and vice versa. Furthermore, the Staff Side felt that the amount of financial outgo involved in paying the premium to the insurance company would be much more than the additional expenditure on account of doubling the existing rate of risk allowance.
After discussion, it was decided that if the Official Side is not able to finalize an insurance scheme in consultation with the Staff Side within the next six months, the question of doubling the rates of risk allowance would be examined.
The Official Side stated that such a dispensation is already in place and the employees have the option to claim for the pre-revised rates of D.A. without submitting any bills I receipts.
The Staff Side contended that the pre-revised rates of D.A. are too inadequate to take care of the boarding and lodging requirements. Therefore, they demanded that there was a need to double the pre-revised rates for D.A. for claiming the same without production of any bills I receipts.
The Official Side agreed to examine the matter although this is not ananomaly.
Item No 28: Grant of carade pay of Rs.5400 in PB-2 for Asstt. Accounts/AuditOfficers.
The Official Side stated that as per the recommendations of the 6th cpc, the base should be 116 However, this was re-calculated by the Department of
The Staff Side again stated that the average index of 536 corresponded to the 74.84 % of DA whereas the actual DA granted was only 74% as the decimal
Item No 31: Child Care Leave
The Official Side stated that the 6th CPC itself recommended grade pay in excess of 40% of the maximum of the pre-revised pay scales in respect of certain employees. Further, in Para 2.2.21 the report of the 6th CPC, it has been clearly stated that in some cases, the amount of the grade pay has been adjusted so as to maintain a clear differential between successive grades pay. Thereafter, the government implemented the recommendations of the 6th CPC with certain conscious modifications in the Grade Pay in some cases. Moreover, the erstwhile Group D employees have also been granted grade pay exceeding 40% of the maximum of the pre-revised pay scales. Therefore, there is no anomaly in the matter.
It was decided that the Staff Side would revisit the issue and revert on whether they wish to pursue the matter.
Item No 39; AnomaIvdue to not applying uniformly the multiplication factorof 1.86 in fixing the minimum pay in all the revised payandsapplying different
Special Agenda Item- Pay of the Drivers in the Department of Posts.
The backdrop of this agenda item was presented to the Committee. The associations representing drivers and artisans in the Department of Posts had approached the I-Ion’ble Central Administrative Tribunal at Madras contending that their cadre was placed at the minimum of the pay scale equivalent that of Postal Assistants in 1st CPC, 2nd CPC and 3rd CPC. Their argument was that in the 4th CPC they were given the minimum of Rs.950-1500 whereas the Postal Assistants cadre was given Rs.975-1660. While implementing the 5th Pay Commission recommendations, they were placed in the scale of Rs.3050-4590 whereas Postal Assistants were given the scale of Rs,4000-6000 and further stated that there was a genuine anomaly while fixing the scale of Drivers. They also represented that the Postman cadre, which was always kept below their pay scale, was given a jump and equated with their scale by the 5 Pay Commission recommendations. However, the Original Application was dismissed by Hon’ble CAT observing that no sufficient material has been placed before them to recoid a specific finding as to whether there had been arbitrary, discriminatory and hostile discrimination made to the applicants in granting the pay scale. In no circumstances, the case of the Postal Assistants could be treated at par with Drivers.
Aggrieved by the CAT order, the Association further filed Writ Petition No.21367/2004 in the Hon’ble High Court at Madras Hon’ble High Court, Madras disposed of the petition stating that, ‘we consider it appropriate to set aside the order under challenge and dispose of the Writ petition with a direction to the respondents to refer the matter to the Anomaly Committee for its consideration and passing appropriate orders within a period of three months from the date of rece;pt of a copy of this order and if necessary, to afford an opportunity of hearing to the petitioners
Accordingly, as per the directions of the Hon’ble High Court. this matter has been included as one of the agenda items of NAC and has therefore been taken up for discussion in this meeting.
The Staff Side felt the NAC was not the appropriate forum to discuss the issue since as per the negotiation mechanism under NAC. the Committee was not mandated to pass orders on judgments pronounced by the Courts. The Official Side stated that Drivers belong to a common category of employees to whom pay scales were granted as per the recommendations of the 6th CPC. Accordingly, the Department of Posts was called upon to present the facts on these lines before the Hon’ble Court.
Item No 40: Grant of Notional Increment
Item No 43: Before the 6th pay commission, there were 3 HAG scales of pay.
ITEM NOT FOR NATIONAL ANOMALY COMMITTEE
Item No 44: Anomaly in the pay scale I pay band and grade pay of Library Information Assistants.
The Official Side stated that the factual position was not known to them and therefore the Staff Side was called upon to apprise the Official Side of such instances specifically.
Items No 46 8 49: Pay Scales of Stenographers Cadre
Item No 50: PaycaIes of Official Language Staff.
Item No 51: Assigning higher grade pay of Rs.4600/- to Administrative Officer Grill and Private Secretary in subordinate offices.