October 18, 2016
Kalaivaraikalai
Additional Agenda Items for JCM Standing Committee
meeting on 25th Oct, 2016: Definition of Anomaly, MACP on hierarchy,
Re-employed Ex-servicemen, 7th CPC Option, GDS Bonus, Regularization of Casual
Labourers, Abolish and upgrade all post of LDC
1. Amendment
to the definition of anomaly as notified by Government in the orders of
constitution of anomaly committees at various level.
The DOPT&T has notified the
definition of anomaly arising from the 7th CPC recommendation vide their OM No.
11/2/2016-JCA dated 16th August 2016 as under:
“(1) Definition of Anomaly
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 of the policy enunciated by the 7th Central Pay Commission itself
without the Commission assigning any reason, and
(b) Where the maximum of the Level
in the Pay Matrix corresponding to the applicable Grade Pay in the Band 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”
The Anomaly normally arises due to
the recommendation of the Pay Commission having been acted upon without going into
the ramification of such action on similarly placed employees in various other
organisations.
In this connection, we may refer to
the OM No. 19/97-JCA, DOP&T, dated the February 6, 1998 where the anomaly
was defined as under, on reaching an agreement between the Staff Side and the
Group of Ministers on 11.9.1997.
“(1) Definition of Anomaly
Anomaly will include the following
cases:
(a) Where the Official Side and the
Staff Side are of the opinion that the vertical/horizontal relativities have
been disturbed as a result of the Fifth Central Pay Commission Report in a
manner leading to grave dissatisfaction and adverse impact on efficiency;
(b) Where the Official Side and the
Staff Side are of the opinion that any recommendation is in contravention of the
principle of the policy enunciated by the 7th Central Pay Commission itself
without the Commission assigning any reason, and
(c) Where the maximum of the Level
in the Pay Matrix corresponding to the applicable Grade Pay in the Band 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 Rule
(d) Where the amount of revised
allowance is less than the existing rate”.
We request that the definition of
anomaly may be replaced with what is stated in the OM dated February 6, 1998.
2.
Withdraw the stringent conditions unilaterally imposed by Government for grant
of Modified Assured Career Progression (MACP) promotion and grant MACP on
promotional hierarchy. Personnel promoted on the basis of examination should be
treated as fresh entrant to the cadre for grant of MACP. The pre-appointment
induction training period may be counted as regular service for grant of MACP
as it is counted for increment.
It was in the background of extreme
stagnation, especially in the lower cadres, the 5th CPC was approached for a
promotional scheme which must not be linked with vacancies but on time bound
basis. The 5th CPC in appreciation of the genuine aspirations of the low paid
employees as also taking into account the practice followed in Government
services of cetain State Govts introduced the ACP scheme assuring minimum two
financial upgradations (promotions) in the service career of a person. The ACP,
as is known when granted, does not make the incumbent to function in a post
with higher responsibility but continue to be in same cadre/grade but with
higher remuneration.
The 6th CPC did not make any great
deviation of the scheme. But the Govt., acceding to the demand of the Staff
Side, improved the 2 time-bound promotions as 3 promotions under the MACP
scheme. However, while issuing the orders the scheme was made applicable,
unlike ACP, only Grade Pay based financial upgradation as recommended by the
6th CPC. Between 2006-11, the Staff Side had pointed out on innumerable
occasions, the anomalies the said decision created and having obtained no
redressal the employees were driven to courts, whose decisions were not allowed
to be given effect to.
The 7th CPC recommendations gave the
impression that it has appreciated the concern of Staff Side and had suggested
for a cadre hierarchy based MACP scheme. The order issued by the DOPT on
27.9.2016 belies that in as much as it is stated in Para 3.2 as under:
“The MACPS envisages merely
placement in the immediate next higher level in the Pay Matrix as given in Part
A of Schedule of the CCS (Revised Pay) Rules, 2016. Thus the level in the Pay
Matrix at the time of financial upgradation under the MACPS can, in certain
cases where regular promotion is not between two successive levels in the Pay
Matrix, be different than what is available at the time of regular promotion.
In such cases, the higher level in the Pay Matrix attached to the next promotion
post in the hierarchy of the convened cadre/organisation will be given only at
the time of regular promotion”.
Besides, the Govt. has accepted the
recommendation of 7th CPC in Para 5.1.45 making Bench-mark of ‘very good’ as
the primary criterion for MACP.
We request that the order making
MACP level bases hierarchy instead of cadre based hierarchy must be rescinded
as the changed scheme has been less beneficial to large number of employees
compared to ACP and it has given rise to anomalies in Pay between two schemes
of employees in the same cadre.
Secondly, the stipulation of
Benchmark “Very Good” for MACP is untenable and the MACP is only financial
upgradation and does not devolve any additional responsibility and the
individual concerned continues to function in the same grade and cadre even
after grant of MACP. It may also be noted that “Very Good” is not a bench mark
even today for promotion in Gr B and C cadres.
When the intention is only financial
upgradation in view of the long number of years one has put in, the stipulation
of Bench March “Very Good” is wrong and deserves to be withdrawn.
Two other issues requiring
consideration and acceptable are:
(1) The personnel promoted to a
cadre bases on examination must be treated as new direct entrant to that cadre
and MACP to be related with the date of entry to that cadre;
(2) The pre-appointment induction
training period is to be counted as regular service period for the purpose of
MACP.
3. Removal
of ambiguity in fixation of pay of re-employed Ex-Servicemen and grant of the
same benefit extended to Commissioned officers to personnel Below officers Rank
also.
The pay fixation of re-employed
Ex-Service men who held the rank below commissioned officers/Group A at the
time of their re-employment is not carried out in many departments as per
Government orders on the subject issued from time to time due to
misinterpretation/wrong clarification by the administrative authorities. The
re-employed Ex-service men personnel below the officers Rank are being deprived
the minimum pay of the post from which they are retired from Army, instead
their pay is fixed at the minimum of the re-employed post only, whereas those
who retired as commissioned officers/Group A is extended differential treatment
and their pay is fixed at a higher stage due to their past service benefit.
Fresh orders/amendments be issued free from any scope for
misinterpretation/ambiguity, clearly mentioning the fixation of pay of the
re-employed Ex-Service men belonging to below officer rank, at the same stage
as the last pay drawn before retirement from army, ignoring the entire portion
of pension since the pension is minuscule and not even enough to lead a decent
living.
4.
Permission to opt for pay fixation in the Revised pay structure on a date after
the date of issue of CCS (RP) Rules 2016 notification (25.07.2016) in case of
employees whose promotion become due after 25.07.2006.
As per the clarification issued by
Department of Expenditure (Implementation cell) on 29th September 2016, in case
and employee is promoted or upgraded to the higher pay structure (in the
pre-revised pay structure) he may be permitted to exercise revised option as
per FR 22 (i) (a) (i) to have his pay fixed under the Revised Pay Rules 2016,
from the date of such promotion/upgradation or from the date of next increment.
As per this rule and employee who is promoted/upgraded on 24.07.2016 (one day
before the date of issue of notification) can opt for fixation of his revised
pay on the date of next increment which falls on 01.07.2017. This facility is
available only for those employees who are promoted before 25.07.2016 (date of
notification of CCS (RP) Rules 2016). If an employee is due for promotion on
26.07.2016 (one day after the date of notification) he cannot opt to fix his
revised pay under the CCS (RP) Rules 2016 on the date of next increment i.e.
01.07.2017. This is a clear case of discrimination and amounts to creation of a
class within a class. Hence the option for fixation of pay under CCS (RP) Rules
2016 from the date of next increment, may be extended to the employees who are
due for promotion after the date of issue of notification i.e. 25.07.2016 also.
5.
Extension of the benefit of bonus calculation ceiling enhancement to Rs. 7000/-
to Gramin Dak Sevaks (GDS) of the Postal department also.
The above benefit is yet to be
granted to the GraminDakSevaks for want of approval of the Finance Ministry.
The GDS Committee constituted to revise the wages and service conditions of GDS
has already recommended to grant enhanced ceiling of Rs. 7,000/- to GDS also
and their suggestion is pending with the Govt. for action. We request that
orders enhancing the ceiling limit to RS 7,000/- may be issued immediately.
6.
Regularise the services of casual labourers by absorbing them against vacant
posts of MTS as one time measure.
Casual and contingent workers were
engaged by various Departments to cope up the regular work especially in the
period when the Ban on Recruitment/creation of posts was in operation. Such
appointments had become necessary to ensure that the work does not suffer and
the public at large are not put to difficulties. There had been despite the
directive issued by DOPT in the past banning such engagement of casual labour.
Over the years their number has increased manifold. These employees have put in
several years of service. The omnibus order banning he recruitment does not
spell out as to how the work assigned especially in operational and public
dealing departments are to be carried out. Presently due to either delay on the
part of the recruiting agency or for such unforeseen reasons in various
departments, MTS posts are lying vacant and contract workers are engaged. The
case of those who were employed against vacancies of permanent and perennial
nature of jobs for regularization cannot be denied except in violation of the
existing labour laws or on unethical ground. To address this, the DOPT must
draw up a scheme for regularization of eligible candidates in Government
service as a onetime measure.
7. Fill up
all vacant posts including promotional posts in a time bound manner
Inspite of lifting of ban on filling
up of vacant posts from 2010 onwards, in many departments posts are not being
filled and an undeclared ban is in existence. The 7th CPC has stated that there
are about six lakhs vacant posts in central services. Non-filling up of vacant
posts has adversely affected the efficiency of many departments. Further many
promotions posts are lying vacant due to abnormal delay in convening DPCs.
Strict instructions may be issued to all departments to initiate action to fill
up all vacant posts on top priority basis and also to convene the DPCs
regularly for granting promotion to eligible officials.
8. Abolish
and upgrade all posts of Lower Division clerks (LDCs) to Upper Division Clerks
(UDCs).
The cadre of Lower Division Clerks in Govt of India service has now become redundant as many of the jobs assigned to them are part of the duty list of MTS and the rest is also assigned to UDCs. The abolition of Gr. D cadres and introduction of MTS with certain clerical functions and computerised functioning in all organisations of GOI have made the cadre presently superfluous. As pointed out, the UDCs whose educational qualification is Graduation has overlapping functions of LDCs. Major Deptt. of the Govt of India recognising this fact has reduced the cadre strength of LDCs. We therefore request that the existing No. of LDC posts in Government may be upgraded as one time measure as UDCs and the posts of LDCs totally abolished.
