No.NC/JCM/2015
Dated: June 15, 2015
All Constituent Organisations of
National Council(JCM)
Dear Comrades,
As
indicated in our last circular letter, the final meeting with the 7th
CPC was hled on 9.6.2015. Earlier on 8th afternoon, the Staff side had
met separately to chalk out the course of negotiations. The National JCA
also met on the same day. The National Anomaly Committee met on 9th
June, 2015 at 3.00 pm under the Chairmanship of Joint Secretary (E)
Department of Personnel at Room No. 72 North Block, New Delhi. We give
hereunder a brief synopsis of the discussions at all the meetings.
1. Meeting with 7thCPC
The following Staff Side members were present at the Meeting:- Com. M. Raghavaiah(Leader Staff Side – NFIR), Com. Shiva Gopal Mishra(Secretary, Staff Side-AIRF), Com. Guman Singh, Com. R.P. Bhatnagar and Com. B.C. Sharma(all from NFIR), Com. Rakhal Dasgupta, Com. J.R. Bhosale (AIRF),Com. KKN Kutty, Com. M.S. Raja and Com. M. Krishnan (from Confederation and NFPE), Com. Srikumar and Com. R.N. Pathak(from AIDEF) Com. Srinivasan and Com. Surjeet Singh( From INDWF).
(a) Date of Effect - The
Chairman has made it clear that the Commission would recommend 1.1.2016
as the date of effect of their recommendations. The Commission would
finalise its report by end of August and would submit the same to the
Government thereafter. They would adopt Dr. Aykroyd formula for the
computation of the Minmum wage. To the specific query made by the Staff
Side, the Commission said that they would factor the probable increase
In the rate of retail prices of the commodities and would arrive at the
minimum wage as on 1.1.2016. There had been no reply to the loss of
wages to the employees due to the erosion of the real value of wages as
there was no interim relief or benefit accrued from the merger of DA.
These demands, therefore, stand rejected.
(b) Increase in the insurance coverage in cases of death in harness - The
Staff Side recalled the assurance held out by the Commission earlier to
have the actuarial assessed by an expert agency to accede to the demand
of the staff side to increase the subscription and the insurance
coverage. The Staff Side was of the opinion that their suggestion to
share the subscription in the ratio of 3:7 was reasonable but in the
absence of an expert study, the Government might not accept the same.
The commission said that they would explore the possibility of such an
assessment by the LIC before finalization of the report.
(c) Fitment Formula – The
Commission might accept the suggestion made by the Staff Side in
respect of fitment formula with requisite change in the ratio on the
basis of the quantum of minimum wage determined.
(d) In the matters of rate of increment, quantum of allowances etc. – The Commission did not come out clearly of their thinking in the matter.
(e) Parity in Pension entitlement of the past and present pensioners – The
Commission is yet to make up its mind on the suggestion made by the
staff side in the matter. They however said that almost all the
Pensioners organizations which met the Commission had pleaded for this
and the same is linked with the one rank one pension demand of the Armed
forces personnel.
(f) MACP Scheme -
The difficulties and anomalies pointed out by the Staff Side and
various other organizations have been taken note of by the Commission.
The Commission assured to evolve a methodology to resolve the problem.
(g) Opposition to the induction of casual/daily rated workers and contractorisation - The
Commission said that they were opposed to the unfair practice of
exploitation of labour. For jobs which are of perennial and permanent
character, regular workers must be recruited, the Commission added and
that would obviate the need for outsourcing and contractorisation. Since
most of the outsourced jobs do not require any academic qualification,
the Commission was of the opinion that the revival of Group D cadre
would help to address the issue. However, the Commission stated that if
only the staff side sends in a communication in writing, the Commission
would be able to make any recommendation in the matter. The Staff Side
reiterated that they are totally opposed to outsourcing, induction of
casual workers and contractorisation and the same has been made explicit
in their memorandum.
(h) Parity in the pay scales between the personnel in the Central Sectt and those in the subordinate establishments - The
Commission stated that they have appreciated the stand taken by the
Staff Side in the matter. The Commission was non committal on other
issues raised by the Staff Side members.
2. National Anomaly Committee meeting
The
meeting was held at Room No. 72 North Block, under the Chairmanship of
J.S(E) Department of Personnel and Training. In the initial remarks, the
Staff side raised the following issues.
(a)
Though the official side had promised to provide an action taken
statement on all issues in the National Council, the same has not been
supplied;
(b) No date for the National Council is indicated.
(c)
No indication of the steps taken to convene the Departmental Councils.
The official side had assured of the convening of the Departmental
Council of the Ministry of Finance in the last meeting. However, the
staff side has not been apprised of any date so far.
(d)
Abnormal delay in replying to the references made to the Ministry of
Finance, Department of Personnel from the Railways and other Ministries.
(e) The necessity to increase the ceiling limit of the rebate in Incometax for the allowances given to the Loco Pilots.
(f) Non-adherence to the GOI instructions by the Defence Ministry in certain matters.
The
Official Side stated that the Action taken Statement was almost ready
but for certain comments from Certain departments. The same would be
sent to the staff Side and another meeting held to discuss the course of
action required on items where no agreement could be reached. The JS
(per) stated that some of the references received from the Railways had
been sent back to them for clarification before a final decision is
taken. Regarding increase in the rebate ceiling under the Income tax
Act, the matter would be referred to the revenue department and
requested the staff side to appreciate that the same has to be
considered in a wider perspective. Thereafter the agenda items, which
had not been discussed even once were taken up.
(i)
Anomaly in the Pay Band and Grade Pay assigned to the Group B Officers
of the Audit, Income Tax, Accounts, Central Excise and Customs and
Postal Departments. (Agenda Item No. 1 and 8 taken together.) Despite
agreeing that there existed an anomaly in the matter, the official side
expressed their inability to proceed further in the matter as the Group B
Officers were beyond the ambit of the JCM scheme. However, they agreed
that the Govt. would submit take up the issue specifically with the 7th
CPC. Com. Shiva Gopal Mishra said that the Govt. must consider a JCM set
up for the promote officers as their cases are not heard or discussed
at any other forum. Com. Kutty said that the items were introduced as
early as in 2009 and it was not correct on the part of the official side
to state that the same would be referred to the 7th CPC. Normally the
Pay Commission would not entertain to consider the anomalies of the
earlier Commissions. However, after some discussions, it was concluded
that the Govt. must take up the issue with the 7th CPC, in spite of the
fact that the Commission has almost reached its concluding stage.
(ii)
Anomaly in the pay and Grade Pay of Data Processing Assistants Grade
A.. The official side did not agree with the contention that the
assigning of higher grade pay to certain categories of officers
(7450-11500 and Grade Pay4600) was arbitrary. The Government, they
added, had acted upon the recommendation of the 6th CPC. They also said
that only in those cases where the pre-revised pay scales were in
6500-10500 such up-gradation had been made. In the case of DPA Grade A,
they were in the pre revised scale of pay of Rs. 5500-9000.
(iii)
Item No.3. Grant of Grade pay of Rs. 4200 to Lab Technicians. The
official side said that the orders have been issued in the matter.
(iv) Item No.4. Up-gradation of Pay Band and Grade pay of LDCs and UDCs.
The Staff Side made the following points in support of the item:-
(a)
The Grade pay of Rs. 1900 assigned to LDCs by the 6th CPC was without
any logic and without appreciating the existing vertical relativity
between Group D and LDCs and LDCs and UDCs.
(b)
While creating the non functional grade in the grade pay of Rs. 4200 in
the Central Secretariat, the Department of Personnel, which is the
nodal department for all matters concerning the common categories, did
not extend the benefit to the UDCs in the Subordinate offices.
(c)
The Staff side also pointed out the Department while restructuring the
cadre of stenographers in the Central Sectt. earlier, had extended the
benefit to all Stenographers in the subordinate offices.
The
official side stated that it was not possible for them to address the
issue, whatever may be its justification in the background of the
setting up of the 7th CPC. They however, assured to make a reference
specifically to the Commission.
(v)
Item No.5. Senior Clerks in DMS to be assigned grade pay of Rs. 4200.
The matter was stated to be sub-judice. Staff Side, however, stated
that, with the change in Recruitment Rules, they should brought at par
with the Railways.
(vi)
Item No. 6 and 12. The two agenda items being identical were take up
together. The Staff side pointed out the glaring discrimination in the
matter. They also stated that the number of employees involved is very
small. On behalf of the Postal Department it was stated that the
recruitment qualification in the Postal Department was VIII Standard
and ITI whereas in other establishment, the academic qualification
stipulated was X Standard. The Staff side contested the same pointing
out that no person is entitled to be admitted to ITI without having X
standard qualification. They pointed out that the merger of Artisan
Grade I and Charge hand was the root cause of the problem. The official
side took the stand that in any case the anomaly cannot be removed at
this stage and have to wait till the 7th CPC recommendations are made.
(vii)
Item No. 7. Parity in pay scales between the Central Sectt. and
subordinate offices. The official side said that the up-gradation of the
pay scale of Central Sectt. Assistants were on well found grounds. The
Government had considered the repercussion of the said decision and
therefore, the decision is not possible to be either reversed or
extended to any other category of employees. They added that perhaps the
7th CPC before whom the matter is already agitated by the employees
organizations of the subordinate offices might take a decision in the
matter.
(viii)
Item No. 9 and 10. Higher grade pay for Medical Assistants and Store
keepers. The Defence Ministry was asked to submit a detailed note to the
Ministry of Finance indicating the duties and responsibilities assigned
as also the recruitment qualifications stipulated in the RR to enable
them to reconsider the issue.
(ix)
Children Educational Allowance for any two children. The official side
stated that the deviation made in identifying the eldest two children
was consciously done taking into account the National Population policy
and various other factors and is not likely to be changed. Regarding the
claim for reimbursement of expenses incurred in the nursery class, as
such institutions or classes are not linked to any Educational Boards,
the official side said that they would look into the matter with a view
to find a solution thereof.