anomaly out of 7th Pay Commission and change of conditions in MACP

Amendment to definition of anomaly out of 7th Pay Commission recommendations and Change of Conditions in MACP – Staff Side JCM Additional Agenda items for Standing Committee Meeting

Confederation of Central Government Employees & Workers

Ref: Confdn/Standing Committee/2016-17

Dated – 15.10.2016

To,

Com Shiva Gopal Mishra
Secretary, Staff Side, NC/JCM
13-C, Ferozeshah Road,
New Delhi -110001

Dear Comrade

We have seen the items already sent to the Govt for discussion in the Standing Committee of Meeting which include JCM function 2. Compassionate Appointment 3.Non implementation of decisions taken at 46th Meeting of the National Council 4. Reduction of one day PLB in defence establishment, 5. LTC-relaxation of air travel, 6. HRA for those who vacated govt quarters, 7. Restoring interest free advances, 8. Entry pay for promotees, 9. Grant of 3rd MACP, 10. Dental treatment, 11.Income criteria for dependants, 12. Re-imbursement of actual medical expenses, 13. Carry forward of Earned Leave

We send herewith the following items for inclusion in the agenda we shall be grateful if the same is forwarded to the official side urgently.

Thanking you in anticipation,

Yours faithfully,

(M. Krishnan)

Secretary General

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.

Shri D. K. Sengupta
Deputy Secretary (JCA)
Ministry of Personnel PG and Pension
Department of Personnel & Training
North Block, New Delhi – 110001

Sir,
Sub: – Agenda items for meeting of the JCM (NC) Standing Committee
Ref: – Your letter No. F. No. 3/3/2019-JCA-I dated 27.09.2016 addressed to Secretary, Staff Side

I forward herewith 8 additional items for inclusion in the agenda for the Standing Committee meeting slated for 25th October 2016.

Thanking you,

Yours faithfully

(Shiva Gopal Mishra)
Secretary, Staff Side

Source: Confederation of Central Government Employees and Workers