RECORD NOTE OF THE DISCUSSION ON
DOPT-SPECIFIC ALLOWANCES, HELD WITH THE STAFF-SIDE, NATIONAL COUNCIL
(JCM) AT 3.00 P.M. ON 25.10.2016 UNDER THE CHAIRMANSHIP OF SECRETARY
(P).
1 A discussion on the DoPT-specific allowances with the Staff-Side National Council (JCM) was held at 3.00 p.m. on
25.10.2016 under the Chairmanship of Secretary(Personnel) in Room
NO.119, North Block, Delhi in compliance with the direction contained in
the minutes of the 2nd meeting of the Committee on Allowances held on
01.09.2016 that every Ministry/Department should firm up its
views/comments on allowances relating to the Ministry/Department after
holding discussion with their Staff Associations.
2. List of participants is at Annexure.
3.
At the outset JS(JCA) welcomed all the members of the Staff side of the
National Council of JCM to the discussion on department specific
allowances. JS(JCA) informed that in the second meeting of the Committee
on Allowances it was decided that all the department specific
allowances will be discussed with the JCM. After a brief introduction it
was decided to discuss the following department specific allowances on
which has received the comments for Staff-Side.
Children Education Allowance (CEA)
The
Staff-Side has stated that the benefit of Children’s Education
Allowance should be extended to the Graduate and Post Graduate levels
also. They have informed that the private institutions are charging
exorbitantly. So, subject to a ceiling on tuition fees and hostel fees,
the CEA should be extended to the Graduates and Post Graduates level.
Staff-Side has informed that they had also represented to the Pay
Commission for simplifying the procedure wherein they had suggested that
reimbursement should be based on the bonafide certificates from the
schools where the children are studying. This suggestion has been
accepted by the Pay Commission and the Staff-Side has requested that it
should be implemented.
On
the issue of DOPT’s circular on e-receipt, Secretary, DoPT clarified
that this circular had been issued before the government accepted the
7th pay Commission recommendation.
(Action: JS(Estt.)
Night Duty Allowance (NDA)
Staff-Side
has pointed out that the Night Duty Allowance (NDA) is still being paid
at the 4th CPC rate. Even though there is a Board Of Arbitration award
in favour of employees that from 01.01.1996 it should be given in the
5th CPC pay scale, the government did not accept the arbitration award
and even today employees are getting it at the same rate as it was
prevalent during the 4th CPC period. In the Ministry Of Defencc a lot of
litigation had taken place and the matter went up to the Supreme Court.
Hon’ble Supreme Court directed that it should be paid on the basis of
the actual pay drawn and that NDA should be revised w.e.f. 01.04.2016 at
the 6th CPC pay scale which has been implemented by the government.
However, the audit authorities came up with an objection that there is a
ceiling for it which has been objected to by the Staff-Side.
Apart from that, the 7th pay Commission has recommended that it should
be worked out with the actual pay of the employee being are criterion.
However, in spite of that, except for the Ministries of Defence and
Railways, employees working in other Ministries/Departments are getting
it at 4th CPC rate. Thus, the absence of uniformity on this allowance
across Ministries/ Departments is Very glaring which, according to the
Staff-Side, is a principal source of litigation and will continue to
remain so. Therefore, the Staff-Side has suggested that an early
revision of the without ceiling, and on the basis of the actual basic
pay, and extending it to whoever is asked to do night duty will go a
long way in reducing litigations in the future.
(Action: JS(Estt.)
Over Time Allowance (OTA)
Staff-Side has pointed out that there are two types of over time duty.
One is covered under the Factories Act, 1948, and the other is for the
office staff. In the first case, since it is a statutory obligation, the
pay Commission has not recommended anything on it. But for those
Central Government employees who are not covered under the statutory
provisions of the Factories Act, OTA is paid at a single rate of
Rs.15.85/- Only and, that too, fot the first hour immediately after the
scheduled office Closing time, it is Nil. In case of OTA there is also
an arbitration award from 01.01.1996 that it should be at par with the
5th CPC pay scale. However, neither it has been implemented not have the
rates been revised.
The Staff-Side has stated that if an employee is asked to word after
office hours, the rate of OTA Should be as per 7th CPC Pay Scale.
Staff-Side is of the opinion that overall means working after office
hours, and asking an employee to work beyond office hours automatically
entitles him/her to this allowance. The Over Time rates should also be
above the normal level. It was pointed out by them that as per 7th CPC.
an is paid @ Rs.75/hour; whereas overtime allowance is @ Rs.15.85/-
only. Even an outsider employed on casual basis is being paid hourly
wages which are more than OTA. The Staff-Side is strongly of the view
that if government is deploying a person on overtime work then he has to
be paid at least according to the rate of salary which he is getting.
(Action: JS(Estt.)
Cash Handling Allowance (CHA)
Staff-Side
has informed that the 7th CPC recommendation on its abolition is based
on the fact that in most of the offices today salary disbursement is not
made in cash. It is credited to the individual bank accounts. But cash
transactions do take place in certain offices like the Post Offices
where cash handouts are made under the Mahatma Gandhi National Rural
Employment Guarantee Act. PLI is also another example. Therefore, if it
is stopped all of a sudden, no person will show interest in working as
cashiers and take the additional responsibility of handling huge amounts
of cash. Therefore, the Staff-Side has contended that till all cash
transactions are ehminated, CHA should continue.
It
was also pointed out by them that this allowance depends on the amount
of cash transaction; when the volume of cash transaction comes down, the
allowance also proportionately come down.
(Action: JS(Estt.)
Uniform related allowances subsumed in a single Dress Allowance (including shoes)
Staff-Side
has informed that the 7th Pay Commission has recommended that Persons
Below Officers Rank (PBOR) should be given Dress Allowance @ Rs.10,000/-
per month. There are 5 Ordnance Factories under Ministry of Defence
where persons are exclusively deployed to produce special high altitude
dresses for the combat forces of the army. 12000 employees are working
in these 5 factories. Therefore, if a uniform rate like this is
maintained, it will have an adverse impact on the quality of these high
altitude uniforms and will thus jeopardise the safety of the army men
and the nation as a whole. Staff-Side is stated to have already made a
request to M/o Defence not to implement this recommendation. Army has
also taken a stand that this will result in substandard or sub quality
material So this recommendation on the Dress allowance for PBOR should
not be implemented.
As
far as Civilian employees are concerned, it has been stated that the
7th CPC has recommended four slabs of Dress Allowances for various
categories. One of the categories is called ‘others’. Whereas, in the
Department of Posts there are about 75,000 postmen and Multi Tasking
Staff wearing uniform. There is no mention about these postmen and multi
tasking staff in any of the categories shown by the Pay Commission. If
it is presumed that they come under ‘Others’, then they will be getting
Rs.5,000 Whereas at present they are getting around Rs.7,000 plus
washing allowance. As such a separate category should be there for
postmen and MTS also and the allowance should be Rs.10,000/-.
It
has also been pointed out that there are many categories like canteen
employees, security staff, chowkidars which have not been mentioned and
who are eligible for uniform or uniform allowances. It has to be
clarified whether these categories will be covered under ‘others’.
Staff-Side has stated that whosoever is getting Dress Allowance as on
today should continue to get that. Staff-Side has also informed that the
recommendations on Dress Allowance have created a lot of discrimination
among staff working in similar circumstances.
Staff-Side
has also drawn attention to the Dress Allowance with respect to the
Nursing Staff. It has been stated that earlier also Nursing Staff were
not given normal washing allowance or dress allowance considering the
importance or the peculiar conditions prevailing in hospitals. Now they
have also been bracketed in the general category. They were getting
Rs.750 as Uniform Allowance and Rs.450 as Washing Allowance per month.
Now there is no separate category that has been given to them. For them a
different dispensation was made taking into account their special
requirements because they work in such an environment where their
uniforms require regular washing entailing a substantial expenditure. As
these have not been accounted for in the 7th CPC, the nursing staff
should have a special dispensation, as is strongly felt by the
Staff-Side.
JS
(JCA) has requested Staff-Side to submit a note on the justification or
break-up of the amount of Rs.32,400(maximum) as suggested by them and
the Staff-Side has agreed to provide the same.
Secretary,
DOPT summed up the demands of the Staff-Side by observing that those
who were getting Dress Allowances, their allowances should not come
down. And the categories of the employees which had special dispensation
in the past and have not been mentioned this time or have been clubbed
together with other categories need clarification.
(Action: JS(JCA)/Staff Side)
Risk-Allowance
The
Staff-Side has informed That Ministry of Defence is engaged in arms and
ammunitions manufacturing etc. In the process of manufacturing them,
the staff engaged for this purpose, have to handle hazardous chemicals,
acids and so many Other poisonous combinations. Cabinet has approved 45
risk operations pertaining to Defence civilian employees. Apart from
that, because of the technological developments taking place fast and as
the requirement of the armed forces is increasing for getting modern
equipments, ammunitions and explosives, new risk operations have also
come into existence of which Ministry of Defence is aware and have
recommended also accordingly. In spite of this, the existing Risk
Allowance has been abolished by the Pay Commission. It has been pointed
out by the Staff-Side that it has not been subsumed under the risk and
hardship matrix. Rather it comes in the abolition list. In no matrix are
the risk operations of Defcnce civilians are covered. Staff-Side has
informed that they have discussed this with Defence Secretary and
Defence Ministry is going to recommend in favour of its inclusion in one
Of the matrix.
In
response to the query of Secretary, DOPT as whether the activities
which have been considered to be risky have all been identified,
Staff-Side has clarified that it has been identified by a high level
committee and approved by the Cabinet, 45 risk operations have been
identified and approved. But within a period of 2 decades, lot of new
ammunitions and new explosives have come in the arsenal, alongwith a lot
of hazardous chemicals and acids. So, M/o Defence has again appointed a
committee and they have identified that all these ate additional risk
operations over and above the 45 identified, where Defencc Civilian
employees are actively involved. But the Pay Commission has abolished
Risk Allowance. So this has to be incorporated in onc of the risk
matrix.
(Action: JS(Estt.)
Other Items
Staff-Side
has pointed out that in the 7th CPC report it has been stated that any
allowance not mentioned and hence not reported to the Commission shall
cease to exist immediately. They have requested that this recommendation
should be rejected. On the contrary, the administrative Ministries
should come forward and recommend for their abolition or retention.
Staff-Side has also stated that 7th CPC has abolished all advances
completely. Noting that we regularly celebrate a number of festivals
like Diwali, Holi, Eid and keeping the general sentiment in mind, they
are of the view that advances are very necessary. Moreover, these
advances are required to be paid back to the government.
On Family Planning Allowance, the Staff-Side has stated that since the
Government has not changed its Family Planning policy, the allowance
should be continued, At least in the case of those people who were
getting it they should continue to get as they have fulfilled all
conditions when the allowance were granted. Otherwise be drop in their
emoluments.
The Staff –Side also demanded that the 7th CPC
had not revised the rate of Fixed Medical Allowance for pensioners.
Therefore, the Fixed Medical Allowance for pensioners may be revised ro
Rs.2000/- from existing Rs.500/-
December 03, 2016
Kalaivaraikalai
.bmp)
