Pay Revision of Board & below Board level Executives of CPSEs w.e.f. 01.01.2007- Government Decision on the recommendations of the Anomalies Committee-regarding.

No.W-02/0030/2018-DPE (WC)-GL-XVIII/18
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhawan,
Block No. 14, CGO Complex,
Lodhi Road, New Delhi-110003.
Dated,the July,2018

OFFICE MEMORANDUM

Subject: Pay Revision of Board & below Board level Executives of Central Public Sector Enterprises (CPSEs) w.e.f. 01.01.2007 – Government decision on the recommendations of the Anomalies Committee- regarding.

The Department of Public Enterprise (DPE) vide O.M. No.2(70)/2018-DPE (WC)-GL-XVI/08 dated 26.11.2008 established an Anomalies Committee consisting ofthe Sectætaries or the Department of Public Enterprises, Department of Expenditure and Department of Personnel & Training. The Anomalies Committee was constituted to address issues/problems arising while implementing the recommendations of 2nd Pay Revision Committee (PRC) for the CPSEs by the Government.

2. The Anomalies Committee gave its recommendations on various issues referred to it by the administrative Ministries/Departments regarding the 2nd PRC related guidelines for its consideration. Consequently, DPE issued the following guidelines vide its OMs dated 26.10.2010, 08.06.2009, 24.09.2010, 0106.2011, 03.06.2011 and 29.06.2012 for implementing the anomalies committee’s decisions.

3. Now for the sake of convenience of all the stakeholders, the said DPE OMs have been collated as under:

(i) Deputation or the Government Officers in CPSEs

a) The Government officers already on deputation with the CPSEs as on 26.11.2008 (the date of issue of 0.M. by the DPE regarding the revision of scale of pay of the executives and non-unionised supervisors of CPSEs) will continue to avail of the option already available and exercised by them till the end of their deputation tenure. The extension, if any given after 26.11.2008 will not qualify for this dispensation.

b) The Board level executives who have been selected through PESB mechanism in IDA scales, and appointed on deputation basis, by ACC/Competent Authority prior to 26.11.2008 will continue to get the same scales with all its associated benefits till the end of their tenure.

c) It may be emphasized that the pay revision of the executives is a total package and the scales, perks and allowances should not be mixed. Accordingly the executives getting the CDA pay scales will continue to get benefits, perks and allowances applicable to CDA scales and executives who are getting IDA pay scales will get perks and allowances applicable to IDA scales.

d) The above decisions are enabling provisions. All the conditions indicated in DPE O.Ms dated 26.11.2008, 09.02.2009 and will be applicable mutatis mutandis to such executives also.

(ii) Self-Lease

(a) Every CPSE must have a Rent Assessment Committee (RAC), which would assess the market tent for categories of executives and non-unionised supervisors, entitled for lease/self-lease accommodation and also the maximum ceiling of reimbursement depending upon the company’s capacity to pay. The RAC may include Members from Finance, HR., Civil Engineering, Law etc. as deemed appropriate.

(b) The RAC will also decide on rent recovery, for which DPE guidelines as applicable to Board level Executives (10% of Basic pay) will be kept in view.

(c) For purposes of CTC, 30% of Basic Pay is required to be considered on housing as per Para 8 of DPE O.M. dated 26.11.2008. This is not meant to a ceiling and tberefore, this should not be treated as the maximum limit for a leased accommodation.

(d) The Board of Directors of CPSEs must ensure that self-leased accommodation does not become an additional source of income to the employee. The precautions as indicated in DPE O.Ms dated 20.05.2009 and will also be kept in view.

(iii) Expenditure on Hospitals, Colleges, Schools. Clubs etc.

The percentage towards expenditure on Hospitals, Colleges- Schools, Clubs etc. should be as close to actual and should be assessed preferably every financial year.

(iv) Encashment of Leave

(a) DPE O.M. dated 05.08.2005 provides for a maximum ceiling of Earned Leave that can be accumulated. CPSCs are not permitted to encash leave beyond 300 days at the time or retirement of an employee of CPSE. The employees are not permitted to accumulate more than 300 days as specified under DFE guidelines.

(b) Casual Leave must not encashed at all and shall lapse at the end of the calendar year.

(c) The component of leave encashment during service i.e. the expenditure on leave encashment, will not be treated Perks and Allowance. It will not however, be treated as pay and accordingly not qualify for any other benefit like HRA. etc.

(d) Leave encashment on Superannuation will not be part of 30% ceiling of Basic Pay and DA for superannuation benefits.

(v) Non-practicing Allowance(NPA)

NPA will not be considered as pay for the purpose of calculating other benefits.

(vi) Keeping various allowances/benefits/ perks including project allowance, higher conveyance allowance to persons with disabilities, etc. outside the 50% allowances ( i.e. Of Basic Pay).

No other allowances/benetit/perks will be kept outside the prescribed 50% ceiling except the four which have been mentioned in the DPE O.M dated 26.11.2008.

(vii) Procedure of pay fixation in some past cases of pay of Board Level Executives

a) Since the percentage based increment during the periodicity of 1997 pay revision was granted with the approval of the Competent Authority to specific CPSEs, would not be proper to consider notional increment and stagnation increment based on fixed elements.

b) Stagnation increment can only be granted after reaching the maximum of scalc of pay. once after two years and a maximum of three only. This mechanism was applicable upto 31.12.2006.

(viii) Bunching of Increment.

The benefit of bunching of increments be extended to board executives of CPSEs also, where applicable, as per para (iii) of DPE 0M. dated 26.11.2008.

4. Any decision as mentioned above, if result in financial burden on the concerned CPSE, it may be requested to keep in mind the provisions relating to affordability, no budgetary support from Government, internal generation of resources, sustainability and capacity to pay by the concerned CPSE.

5. The effective date, if not specifically mentioned above would be dealt per the DPE OMs dated 26.11.2008, 09.02.2009 and 02.04.2009.

6. All administrative Ministries/Departments are requested to bring these consolidated DPE guidelines to the notice of CPSEs under their administrative control for strict compliance.

sd/-
(A K Khurana)

Director

Source: https://dpe.gov.in/

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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 6th 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

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No.11/ 2/ 2016-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (JCA) Section

North Block New Delhi
Dated the 14th March, 2018

OFFICE MEMORANDUM

Subject: Setting up of Anomaly Committee to settle the anomalies arising out of the implementation of the Seventh Pay Commission’s recommendations – extending the scope of definition regarding.

The undersigned is directed to refer to DoPT’s Office Memorandum of even number dated 20/02/2017 on the subject as cited above, and to incorporate the following further modification in the definition of what would constitute an anomaly:

“where the amount of revised allowance is less than the existing rate or any other anomaly observed while implementing the revised allowance”

2. With the incorporation of the above para in the OM, the definition of anomaly will read as follows:-

(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 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.

d) Where the amount of revised allowance is less than the existing rate or any other anomaly observed while implementing the revised allowance

3. The rest of the contents of the OM issued by DoPT under reference no. No.11/2/2016-JCA dated 16.08.2016 shall remain unchanged.

sd/-
(D.K.Sengupta)
Deputy Secretary (JCA)

Source: www.dopt.gov.in

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Meeting of the Departmental Anomaly Committee to discuss the anomalies arising out of the implementation of the 7th CPC in respect of Defence Civilian Employees

F.No.17(01)/2016-D(Div-I)
Government of India
Ministry of Defence
(Department of Defence)

Sena Bhawan, New Delhi,
Dated: 20 December 2016

OFFICE MEMORANDUM

Subject: Meeting of the Departmental Anomaly Committee to discuss the anomalies arising out of the implementation of the 7th CPC in respect of Defence Civilian Employees

A meeting of the Departmental Anomaly Committee will be held under the chairmanship of Additional Secretary (J) for preliminary discussion with the respesentatives of the Defence Civilian Federations about the anomalies arising out of the implementation of the 7th CPC as under:

Date / Time / Venue
26th Dec. 2016 (Monday)/ 11.30 A.M./Room No.102, South Block, New Delhi

2. The members of the Committee (as constituted vide MoD O.M.17(01)/2016-D(Viv-I) dated 6th October 2016) are requested to make it convenient to attend the meeting. The Federations are also requested to depute two representatives each to attend the meeting, as per schedule/venue indicated above.

sd/-
(Pawan Kumar)
Under Secretary to the Govt of India

Authority: http://www.mod.nic.in/

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Sub: Brief of the 1st meeting of the National Anomaly Committee

The first meeting of the National Anomaly Committee was held today under the Chairmanship of Secretary(P), Government of India, to discuss the issue of calculation of Disability Pension for Defence Forces Personnel as per recommendations of the 7th CPC, which was attended by the Member Staff Railway Board and the Secretaries from other departments of the Government of India.

AIRF was represented by the undersigned and Com. J.R. Bhosale, Treasurer AIRF while Army personnel were represented by the officials of all the three wings of the defence. At the outset, I urged upon the Secretary (DoP&T), to frame the definition of the “Anomaly”, which has been already demanded by the Staff Side, NC/JCM.

This is in respect of report of the VII CPC, which has granted slab system on Disability Pension for the Defence Personnel, which was far short of the existing disability pension for the army officers. We explained the life of the army personnel and their cases of disability in the enemies’ action.

After threadbare discussions we urged upon the Official Side to see that there is no drop in the disability pension for any of the categories of the army personnel and paramilitary forces, rather they should be well compensated for their best they are giving for defending our motherland.

Source: AIRF

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The 1st meeting of the National Anomaly Committee was held on 01.12.2016 on the anomaly of calculation of the disability pension for Defence Forces Personnel as per the recommendations of the 7th CPC. The representative of the Armed Forces made a presentation in the meeting demanding that the recommendations of the 7th CPC to grand disability pension on a slab system if implemented will lead to an anomaly between the civilian side and the Defence Forces Personnel because the civilian side will continue to be governed under a percentage based system. After studying the presentation, the Staff Side of NC-JCM has suggested that the slab system will be beneficial to the lower Rank personnel and hence both the slab system and percentage system may be accepted by the Govt. on an optional basis, alternatively the slab amount recommended by 7th CPC can be increased to avoid the anomalous situation. Secretary (P) informed that the issue would be further studied in consultation with CGDA.

Source: Confederation

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F.No.ll/2/2016-JCA(Pt)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 15th November, 2016

OFFICE MEMORANDUM

Subject: 1st Meeting of the Anomaly Committee to be held on 1/12/ 2016 under the Chairmans h ip of Secretary (P) on the calculation of the Disability Pension for Defence Forces’ Personnel as per the recommendations of the 7 th Central Pay Commission

The first meeting of the Anomaly Committee under the Chairmanship of Secretary (P), will be held on 1st December, 2016 at 11.00 A.M. in Room No. 190, North Block, New Delhi on the calculation of the Disability Pension for Defence Forces’ Personnel as per the recommendations of the 7th Central Pay Commission. The detailed
agenda note will follow.

2. Kindly make it convenient to attend the meeting

sd/-
(D.K.Sengupta)
Deputy Secretary (JCA)

Source: http://ncjcmstaffside.com/

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