JCM STAFF SIDE LETTER TO ANOMALY COMMITTEE

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np@gmail.com

No.NC-JCM-2017/7th CPC Anomaly

December 14, 2017

The Dy. Secretary-JCA,
Department of Personnel & Training,
North Block,
New Delhi

Sub: Items proposed by the Staff-Side NC(JCM) for discussion in the National Anomaly Committee – Comments of DOPT regarding

Ref:- Your letter No.11/2/216-JCA-I(pt) dated 30/10/2017

Dear Sir,

Kindly refer to your cited letter.

We are sending our comments on each of the items on which the official side has conveyed objection.

However, we request you to convene a meeting so that the Staff Side can meet, discuss and finalize the items. The containing correspondence in this matter will only delay convening the NAC meeting.

Thanking you,

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Source: Confederation

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Item No:2

3% Increment at all stages

In Para 5.1.21, the Commission has stated that it has constructed the Pay Matrix, which has two dimensions i.e. horizontal and vertical ranges. The vertical range is supposed to denote the pay progression with the level. The steps are to reflect the annual forward progression of three per cent in each level. More specifically under the Caption “Annual increment” in Para 5.1.38, the Commission has emphatically stated that the annual increment is being retained at 3 percent.

In the forward to the report, the Chairman Justice Shri AK Mathur (Para 1.19) writes “the prevailing rate of increment is considered quite satisfactory and has been retained”. This apart in para 4.1.17, the Commission states that the various stages within a level moves upward @ 3% p.a.

Having stated categorically that a Govt servant must get his annual increment @3% of his pay, the recommendation that one’s pay on award of annual increment must move to the next cell in the matrix would become tenable only if the difference between the two cells is more than 3% of the Pay of the Govt servant.

From the chart annexed it could be seen that it is not so at many stages warranting a revision of the Pay Matrix at those level, where the employee gets less than 3% as has annual increment when he moves on to the next higher stage in the matrix.

ILLUSTRATION -I – LOSS IN INCREMENT

The post Loss in increment in 7th CPC Pay Matrix – Demand of 3% Increment at all stages: Agenda Items for NAC Meeting appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Item No 1

Anomaly in computation of Minimum Wage

In Para 1.29 of Chapter 1 of the 7th CPC report, the larned Chairman of the Commission Justice Shri AK Mathur has approvingly quoted the following observation their Lordship in the Supreme Court in the case of Bhupendranath Hazarika and Another Vs. State of Assam (SC 2013 (2) Sec.516)

“…….. It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair. Hope for everyone is gloriously precious and that a model employer should not convert it to be deceitful and treacherous by playing a game of chess with their seniority. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness then only the concept of good governance can be concretized. We say no more.”

Naturally the recommendations of the 7th CPC ought to have been in consonance with the spirit of the observations made in Para 1.29, While determining the Minimum Pay (Chapter 4.2). The Commission is on record to state that it shall abide by the formula of Dr WR Aykroyd as amended by Supreme Court in the case of Workmen represented by Secretary Vs. Management of Reptakos Brett and Co. Ltd and Anr. on 31st October, 1991 (Equivalent citations: 1992 AIR 504, 1991 SCR Supl. (2) 129). In its submissions made to the Govt, the Staff Side had pointed out the errors and omissions crept in the computation of Minimum wage and its consequential impact. The Commission’s recommendations in this regard was clearly in violation of what has been stated in para 1.29 (quoted above). We annex for ready reference the extracts from our own submissions pertaining to this issue.

Our submission to Cabinet Secretary on 7th CPC:

“We are not in agreement with the methodology adopted by the 7th CPC in computing the minimum WAGE. We give hereunder briefly the reasons thereof.

The retail prices of the commodities quoted by the Labour bureau is irrational, imaginary and even absurd in respect of certain articles at certain places. The Staff Side had objected to the adoption of those rates in its meeting with the Commission on 9th June, 2015.

The adoption of 12 monthly average of the retail prices is contrary to Dr. Aykroyd formula. Same is the case with the reduction effected by the Commission on housing and social obligation factors. The house rent allowance is not a full compensation of the expenditure incurred by an employee for obtaining an accommodation. Therefore, no reduction on that count in arriving at the minimum wage is permissible. We may cite the minimum wage computation made by the 3rd CPC in this regard. The employees were in receipt of HRA even at that time. But still the 3rd CPC, and rightly so, adopted the 7.5% as the factor for housing. In respect of the addition to be made for children education and social obligation as per the Supreme Court judgement, (25%) the Commission has reduced the percentage to 15% on the specious plea that the employees are separately given children education allowance. The Children education allowance is not a full reimbursement of the expenses one has to incur. After the liberalization of the Education Sector where private parties were allowed to set up universities and colleges, the expenses for education had increased heavily. No concession or allowance is granted to the employees for educating the children beyond the higher secondary levels. The earlier Pay Commission has only tried to compensate a little in the increasing cost of education and that too at the primary level, since even the Governmental institutions had started charging abnormal tuition and other fees.

The website maintained for the Agriculture Ministry depicts the retail prices of commodities which go into the basket of minimum wage computation. Even though the rates quoted by them vary from the real retail prices in the market, it provides a different picture. If one is to take the rates quoted by them for different cities and make an all India average of the prices as on 1.7.2015, it will work out to Rs. 10810. It will result in the computation of the minimum wage of Rs. 19880. Adding 25% for arriving at the MTS scale, it will rise to Rs. 24850. To convert the same as on 1.1.2016, 3% will be added as suggested by the 7th CPC. The final computation will be Rs. 25,596, when rounded off shall be Rs. 26000.

The Andhra Pradesh State Pay Commission in its report has taken the commodity prices at Rs. 9830,- as on 1.7.2013 which works out to a minimum wage of Rs. 18080. The wage of MTS will then be Rs. 22600 as on 1.7.2013. The Corresponding figure for 1.1.2016 shall be Rs. 26758, rounded off to Rs. 27000.

The Staff side had computed the minimum wage as on 1.1.2014 at Rs. 26,000, taking the commodity price at Rs. 11344. The rates were taken on the basis of the actual retail prices in the market as on 1.1.2014 (average prices of 8 Cities in the country) substantiated by the documentary evidence of Cash bill obtained from the concerned vendors. As on 1.12016, the minimum wage work out to Rs. 29339, rounded off to Rs. 30,000.

The 5th CPC adopted the rate of growth in the economy (as reflected in the increase in the per capita net national produce at factor cost) over a period of ten years to arrive at the increase required to be made to arrive at the minimum wage. The per capita NNP at factor cost registered an increase of 65.28% over a period of ten years in 2013-14. If we apply the same percentage to the emoluments (Pay +DA) as on 1.1.2016 (assuming that DA will be 125% as on that date), the minimum wage as on 1.1.2016 for an MTS will have to be Rs. 26030, rounded off to Rs. 27000.

In para 4.2.9 of the report, the Commission has given a table depicting the percentage increase provided by the successive Pay Commissions, according to which the 2nd CPC had made a paltry increase of 14.2%. The 3rd CPC gave a rise of 20.6, 4th 27.6, 5th 31.0 and 6th CPC 54%. While the per centage increase had been in ascending order all along, the 7th CPC has sought to reverse that trend ostensibly for reasons unknown. It was the meager increase of 14% provided for by the 2nd CPC that triggered the volatile situation in the civil service and led to all India strike encompassing all employees which lasted for 5 days in 1960.

In the case of Bank, Insurance and many other Public Sector Undertakings wage revision takes place once in 5 years. In the recently concluded agreement, Bank employees were provided more than 15% increase.

After the implementation of the Pay Commission Report the AP State Employees have been given a wage structure based on a minimum wage for above the level of Central Government employees. In their case also wage revision does take place once in 5 years.

It could be seen from the above that the computation of minimum wage by the 7 CPC is prima facie wrong and computed on untenable premises and incorrect data. The minimum wage therefore requires re-computation and revision. Once the minimum wage gets revised, the fitment formula, the multiplication factor applied for determining the pay levels and the pay matrix itself will have to be consequently revised.”

It could be seen from the above extract that the Minimum Wage as on 1.1.2016 could not have been computed at less than Rs 26000/- and consequently the multiplication factor ought to have been at 3.714. It is, therefore, demanded that the Minimum Wage and multiplication factor may be recomputed and Pay Level and Pay matrix changed in accordance with the revised minimum wage.

The post Recompute 7th CPC Minimum Pay & Multiplication Factor – Anomaly in computation of Minimum Wage: Agenda Item for NAC Meeting appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

The National Anomaly Committee Meeting was held on 9.6.2015 under the Chairmanship of Joint Secretary(E) DOP&T alongwith Joint Secretary(Pers), Dept. of Expenditure, M of Finance and JS DOP&T (Pers) with the staff side members of National Council JCM Standing Committee from 15.00 Hrs to 17.00 Hrs on the agenda already submitted. The undersigned being the Member Standing Committee of JCM NC also attended the meeting.

The post INDWF: Discussion Points of National Anomaly Committee Meeting held on 9.6.2015 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

NAC Meeting today : Upgradation of Pay for LDC and UDC will be discussed

The Secretary, NCJCM Staff Side has already informed that a meeting NAC will be held after the final Meeting of NCJCM with 7th Pay Commission. Accordingly the DOPT is holding the National Anomaly Committee Meeting today at 3.00 PM at New Delhi. The office Memorandum issued to all Staff Side Members 0f The National Anomaly Committee stated that..

“In continuation of meeting held on 29/5/2015 the next meeting of the National Anomaly Committee is scheduled to be held under the Chairpersonship of Joint Secretary (Establishment) on 9th June, 2015 at 3.00 P.M. in the Conference Hall (Room No. 190) North Block, New Delhi. Agenda Notes for the meeting as suggested by the Staff Side are enclosed.
All the concerned are requested to kindly make it convenient to attend the meeting.”

The agenda points finalized for discussion in the NAC meeting

There are 12 Items listed in the Agenda Notes for Discussion ,

At Item Number 4 the issue of Upgradation of Pay Band and Grade Pay of LDC, UDCs and stenographers Gr.III In Subordinate offices is included for discussion. it is established in the point that LDCs may be placed in PB-i with Grade Pay of Rs.2800 and UDCs may be placed in PB-2 with Grade Pay of Rs.4200

ITEM No.4 : Upgradation of Pay Band and Grade Pay of LDC, UDCs and stenographers Gr.III In Subordinate offices.

Group ‘D’ employees have been placed in PB-I with Grade Pay Rs. 1800 and entry qualification now prescribed in Matriculation.

LDC/UDCB have been assigned the same PB-I with Grade Pay of Rs. 1900 and Rs. 2400.

Assistants and Stenographers of Central Secretariat who were in the pre revised pay scale of Rs.5500-9000 PB-2 with Grade Pay of Rs. 4200 has been granted upgraded pay scale in PB-2 with Grade Pay of Rs.4600 with retrospective effect from 1.1.2006. (0M dated 17.11.2009).

The result is that vertical relativity between Group ‘D’ and LDCs has been drastically reduced on the one hand and on the other vertical relativity between UDC sand Stenographer Gr.III of subordinate offices vis a vis the Assistants and Stenographers of Central Sectt. has been widened. In both way the relativities vis-à-vis Group D’ and LDCs and vis-à-vis UDCs/Stenographer III and Assistants have been disturbed without assigning any reasons therefore.

With a view to maintain the well established relativities it is proposed that LDCs may be placed in PB-i with Grade Pay of Rs.2800 and UDCs may be placed in PB-2 with Grade Pay of Rs.4200.

All other Agenda points of NAC Meeting

Item No. I : Anomaly In the Pay Band I Grade Pay of Gazetted Officer in prerevised Pay scale of Rs.6500-10500

Item No.2 : Anomaly in the Pay Scale of Data Proccssing Assistants Grade A

ITEM No.3 :PB-2 with Grade Pay of Rs.4200 for Lab Technicians

ITEM No.4:Upgradation of Pay Band and Grade Pay of LDC, UDCs and stenographers Gr.III in Subordinate offices.

ItemNo. 5: Grant of PB-2 Grade Pay Rs.4200 to Senior Clerks of Delhi Milk Scheme ,

Item No.6 :Removal of anomaly in the case of Artisan staff of different departments.

Item No.7 :Sub: Maintaining the horizontal parity as recommended by the 6th Central Pay Commission.

Item No. 8 :Maintaining horizontal relativity between the Section Officers of Central Sectt. And the Income tax Officers, Superintendents of Post Officers, Superintendents of Central Excise and Customs Departments.

Item No. 9 :Pay Band and Grade Pay for Medical Assistant of Ordnance factories.

Item No. 10 :Issues of Store keeping Staff

Item No.11 : Children Education Allowance – Denial thereof

Item No.12 : NOTE ON MASTER CRAFTSMAN IN MMS UNDER DEPARTMENT OF POSTS FOR DISCUSSION IN THE FAST TRACK COMMITTEE

# MERGER OF SCALES CAUSING REPEATED PROBLEMS:

Source: www.gservants.com

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NFIR published the order issued by the DoPT to convene a meeting of National Anomaly Committee on 29th May 2015 and also attached agenda points…

No.11/1/2015-JCA
Government India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 12th May, 2015

OFFICE MEMORANDUM

Subject: Meeting of the National Anomaly Committee – 29th May, 2015 at 3.00 P.M.

The undersigned is directed to say that a meeting to discuss the items which were discussed in the last National Anomaly Committee Meeting held on
17.07.2012 and required separate examination (as annexed) is scheduled to be held under the Chairpersonship of Joint Secretary (E) on 29th May, 2015 at 15.00 Hrs in Room No.119, North Block, New Delhi.

2. It is requested to kindly make it convenient to attend the meeting.

sd/-
(A.Asholi Chalai)
Director(JCA)
Tel/Fax: 011-23094906

Distribution:
ALL STAFF SIDE MEMBERS OF THE NATIONAL ANOMALY COMMITTEE. (List attached).

1. Secretary, Staff Side Council (JCM), 13-C, Ferozeshah Road, New Delhi

2. General Secretary, AIRF, 4 State Entry Road, New Delhi.

3. General Secretary, NFIR, 3, Chemsford Road. New Delhi.

AGENDA FOR THE ANOMALY COMMITTEE MEETING SCHEDULED TO BE HELD ON 29.5.2015.

ITEM No.1

Review of MACP to Grade pay of Rs. 2000/- where there is no such grade
pay in Railway.

ITEM No. 2

Additional Pay to Loco & Traffic running Staff.

ITEM No. 3

Teatment of employees selected under LDCE SCheme / GDCE Scheme

ITEM No. 4.

Grant of minimum entry pay meant direct recruit to promotes.

Source: NFIR

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DOPT published the detailed official minutes of the 4th National Anomaly Committee Meeting, which was held on 5th January, 2012 today on its official website and also the summary record of discussions of the meeting held on 27th July, 2012 with the Staff Side on the issues relating to Modified Assured Career Progression Scheme (MACPS). The detailed report of the discussions and decisions on agenda items with the Staff Side members. The minutes of the meeting was given in four parts as follows…

Annexure – I : Summary Record of Discussions of the 4th meeting of the National Anomaly Committee held on 5.1.2012 

Annexure – II : List of Participants in the Fourth Meeting of the National Anomaly Committee held on 17th July,  2012.

Annexure – III : Summary Record of discussions of the meeting held on 27th July, 2012 with the Staff Side on the issues relating to Modified Assured Career Progression Scheme (MACPS). 

Annexure – VI : List of participants in the meeting on MACP held on 27th July, 2012.

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The post Confederation News – NATIONAL ANOMALY COMMITTEE MEETING – GIST OF DISCUSSIONS appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.