Dear Veterans,
Regards.This is posted for your information.Please ponder over it
and find for yourself why the govt. can not agree to ONE RANK
ONE PENSION as being asked in joint memorandum dated
14-10-2009 by IESM,IESL and others .
Monday, December 14, 2009
National Anomaly Committee meeting and decisions.
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Website:www.confederationhq.blogspot.com. Email:Confederation06@Yahoo.co.in
Tel: 011-2510 5324: Mobile: 98110 48303
D/11/1/2009
Dated: 14th December, 2009
Dear Comrade,
National Anomaly Committee
Meeting and decisions.
The first meeting of the National Anomaly Committee was held on
12th December, 2009. Secretary (Personnel) chaired the meeting.
On behalf of the Confederation, Com. S.K. Vyas, President and
Com. K.K.N. Kutty Secretary General attended and participated in
the discussion. In the opening remark, Com. Umraomal Purohit drew
the attention of the Chairman of the non-functioning of the Departmental Councils in various departments and the consequent non setting up of Departmental Anomaly Committees. He also raised the issue of the
order of the DOPT defining the term Anomaly, which was at variance
with the one given in 1997. He recalled the discussion he had with the
official side in the matter when it was agreed that the definition of the
term would be the same as was in the order of 1997. Responding to the
remarks made by the Staff Side Secretary, the Chairman said that his
office would take steps to ensure the functioning of the JCM at all
levels and informed the meeting that the National Council of the JCM
would meet on 16th January, 2009 and the notice therefore has
already been issued. On the question of anomaly, it was informed by
the Chairman, that all efforts would be taken to address all questions
of anomaly and resolve them. The official side clarified that all
questions of disparity in relativities would also be addressed except
on those on which the 6th CPC has gone into and taken decision
enumerating reasons. The Chairman asked the staff Side to bring to
the notice of the DOPT/DOE of all those items which stand rejected
by the concerned Departmental Anomaly Committees taking shelter
under the extant definition.
We now reproduce the items which were discussed and the
decisions arrived on each of them.
The item Nos. 1 to 4 and 5(iii)(iv) and 7 were grouped together and
discussed as they were identical in content. For the sake of
convenience, we reproduce item No. 3 which covers all the above
mentioned items.
Fixation of Pay in Revised Pay Scale
The VI CPC in para 2.2.19 (vii) has indicated that where prerevised
pay scales have been merged it has been done by extending the
existing minimum prescribed for the highest pay scale with which
the other scales are being merged. Accordingly it has also been
stipulated in 7(1) (A) of the CCS (Revised Pay) Rules, 2008 that if
the minimum of the Revised Pay Band / Pay Scale is more that
what is determined by multiplying the existing basic pay as on
1.1.2006 by a factor of 1.86 and rounding of the resultant figure
to the next multiple of 10, the pay shall be fixed at the minimum
of the revised Pay Band / Pay Scale. Note 2B below Rule 7, ibid and
illustration 4B given in the Explanatory Memorandum to the
Revised Pay Rule apply to cases of merger of Pay Scales. Note 2 B
states that pay in the revised Pay Bands will be fixed in the manner
prescribed in accordance with Clause (A) (i) And clause (A) (ii)
of Rule 7. In illustration 4B a case of an employee in the pre revised
pay scale Rs.5000-8000 drawing Rs.5600 as on 1.1.2006 in the pay
scale of 6500-10500 has been indicated with which the pay scale of
Rs.5000-8000 stands merged.
Taking these into account the pay in the Pay Band in the case of all
employees in the Pay Scales of Rs.5000-8000 and Rs.5500-9000 has
to be fixed at Rs. 6500 multiplied by 1.86 i.e. Rs.12090. The fixation
tables for pay scales 5000-8000 and 5500-9000may therefore be
modified fixing the pay in the pay band at Rs.12090 wherever it is
less than that amount.
Illustration 4B in the explanatory memorandum to the Revised
Pay Rules 2008 may be modified as under:-
Existing Scale of Pay 5000-8000
Pay Band PB-2 9300-34800
Merged with Pay Scale 6500-10500
Existing Basic Pay as on 1.1.06 Rs.5600
Pay in the PB-2 Rs.5600 X 1.86 = 10420 As per Clause (A) (i) of
Rule 7(i) of Revised Pay rules 2008
Pay in the PB-2 Rs.6500- X 1.86 = 12090 As per Clause (A) (ii)
of Rule 7 (i) of Revised Pay Rules 2008
Grade Pay Rs.4200
Revised Basic Pay Rs.16290
Decision:
The Staff Side pointed out that what has been recommended by the
6th CPC in Para 2.2.19(vii_ in respect of fixation of minimum pay in
the Pay band for merged pay scales had not been taken into account
while computing the pay band and the table. After some discussion,
the official side stated to have a re-look into the matter.
Item No. 5(i)
On Revised Pay Rules. 2008
(i).Option
It has been mentioned under sub rule 4 thereof that the option
once exercised shall be final and should be exercised within three
months from the date of notification of the rule vide Sub rule I
thereof. Since it is very difficult to comprehend and assess the
implication of such option, we propose that the first option exercised
within three months may not be treated as final and the employees
be permitted to revise the option within six month of the date of
exercising the first option.
Decision.
The official side has agreed to allow another option. The staff Side
also pointed out during the discussion that the option exercised
by the officials under F.R. 22(I)(A(1) on promotion has been
restricted to only first promotion, which appears to be unreasonable.
The official side has agreed to examine whether the above option
can be allowed to cover all promotions.
Item No. 5(ii)
(ii). Special allowance and qualification pay which are taken for
fixation purposes on promotion should be doubled with effect from
1.1.2006 and not from 1.9.2008 as it cannot be construed to be an
allowance. If this is not done, senior employees will suffer loss in
emoluments, in case of persons who are promoted during the period
between 1.1.2006 and 1.9.2008.
It was pointed out that the item relating to 5th CPC is still pending
at the Standing Committee. The Official Side stated that the item
would be covered when a decision is taken on the item relating to
5th CPC.
Item No. 5(vi)
(vi) Rule 9. Date of next increment
It is seen after going through the stipulation in the above rules that
a person whose increment falls on 1.1.2006 will get the increment
on 1.1.2006 in the pre revised pay scale and will get the next
increment in the revised pay structure on 1.7.2006 i.e. on expiry of
six months. Similarly those, whose next increment is between 1st July,
2006 and 1st December, 2006 would also be granted next increment in
the revised pay structure on 1.7.2006. On the other hand, the persons
whose increment dates are between 1st Feb. 2006 and 1st June 2006
have to wait for more than 12 months to get the next increment on
1.7.2006. This is quite anomalous. In the case of those who retire
during the period between 1st Feb. and 30th June, they will suffer a
loss of one increment perpetually thus affecting their pension. It is,
therefore proposed that the persons whose increment falls between
1st February and 1st June, 2006 may be given one increment on
1.1.2006 as a one time measure.
The official side agreed to issue orders to cover those in service
between 1.1.2006 and 1.7.2006 as a one time measure. The Staff
Side however, pointed out that they have made the suggestion
for a one time measure on the specific understanding that Rule
9 of the Revised Pay Rules 2008 has no applicable in the fixation
of increment date in future as in those cases, the Fundamental
Rules will have the application. The Official side was of the opinion
that the Revised Pay Rules will override the provisions of the
Fundamental Rules. The Staff Side then contended that the
increment of an official cannot be postponed except on award of a
penalty after initiation of the disciplinary proceedings. The official
side after some discussion agreed to reconsider the issue in the
light of the contention made by the Staff Side.
Item No. 5(vii).
(vii). Tax deduction from salary:
Spread over of the arrears of salary is permissible under section
89 (a) of the I.T. Act. No tax will thus become payable by Group D
employees on account of receipt of arrears eventually. Therefore,
executive instructions may be issued not to deduct any tax from
the arrears payment pertaining to the Group D employees. In
respect of others, they may be allowed to exercise option to tax
the arrears either on receipt basis or accrual basis.
Decision .
Since the arrears have all been paid after deduction of tax, this item
was not pressed.
Item No. 5(vii)Temporary Status Casual Labourers
As per existing scheme the employees who are afforded temporary
status are paid the wages computed with reference to the minimum
of the corresponding scale of pay of regular employees. In the case
of Group D temporary status employees, it will become necessary
that they are afforded the requisite training if they are non- matriculates.
Decision.
Orders would be issued in the case of temporary status employees.
In the case of those who died /retired between 1.1.06 and 1.9.2008
grant of grade pay of Rs. 1800 without training was raised by the Staff
Side. It was agreed that the Govt. would take a decision in their
case favorably.
Item No. 6.
Benefit on promotion.
It is an accepted proposition that an employee when promoted to
a higher post involving higher responsibility should get a suitable
raise in his salary. It was on this consideration that FR 22-C was
framed whereby the promotee was first granted an increment in
the lower Pay Scale and then fixed at the appropriate (next) stage
in the higher grade.
At the time of V CPC it was agreed that minimum increase in salary
on promotion shall not be less then Rs.100/- There are certain
grades in which, on promotion, a hike of Rs.650/- is being allowed
with reference to pre-revised pay scale.
In these circumstances grant of only one increment in the lower
Pay Band / Pay scale and difference in grade pay, if there be any,
being granted on promotion is certainly inadequate. We therefore
propose that minimum benefit on promotion should not be less
than 10% of the Pay+Grade Pay of the feeder post.
Decision:
The official side stated that the above item was not covered under
the definition of anomaly. However, after some discussion, it was
agreed that the official side would further discuss the issue outside
the forum of the Anomaly Committee.
Item No. 7.
Fixation of pay on promotion.
The minimum Entry pay with Grade Pay in the revised pay structure
for direct recruits appointed on or after 1.1.2006 has been specific
vide first Schedule, Part –A, Section II of the Gazette Notification of
the Govt. of India, Ministry of Finance No. G.S.R. 622 (E) dated 29.8.2008.
On promotion, the pay of the promotees should not be less than the
direct recruits.
In VI CPC structure there is no pay scale and new concept of grade
pay has been inducted, which should determine the status. As such
the following provisions need to be inserted below clarification 2.
'The method of Fixation of Pay on promotion on or after 1.1.2006.
"on promotion to the higher grade pay of an employee should be fixed appropriately and in any case it should not be less than the entry
Pay in the revised pay structure for direct recruits appointed on of
after 1.1.2006 for the post." further, on promotion to the next higher
grade pay an employee should be fixed by adding 10% of pay, plus
the grade pay as demanded by NC/JCM in its memorandum
submitted to the Chairman, NC/JCM/Cabinet secretary on 8.4.2008.
Decision.
The Official Side agreed to issue enabling orders in the matter.
Item No. 8.
Refixation of pension/family pension.
Para 9 of the Ministry of Personnel, Public Grievances and
Pension's O.M. No. F.No. 38/37/08-P&PW (A) dated 1.9.2008
states as under:-
"The consolidated pension / family pension as worked out in
accordance with provisions of para 4.1 above shall be treated
as final basic pension with effect from 1.1.2006 and shall qualify
for grant of Dearness Relief sanctioned thereafter.".
This has left uncovered the provision made in para 4.2 of the
same OM, which lays down as under:-
"The fixation of pension will be subject to the provision that the
revised pension in no case, shall be lower than fifty present of the
minimum of the pay in the pay band plus the grade pay
corresponding to the pre-revised pay scale from which the
pensioner had retired. In the case of HAG + and above scales, this
will be fifty percent of the minimum of the revised pay scale."
Since refixation of pension has been allowed both under paras 4.1
and 4.2, they should both he covered in para 9 of the OM. It is
requested that para 9 of the said OM may be revised including
both paras 4.1 and 4.2 thereof.
Decision.
Orders have been issued vide O.M.dated 12th and 14th September,
2009
Item. No. 9.
Anomaly in pension for Government Servants who retired/Died
in harness between 1.1.2006 and 1.9. 2006
The Sixth Central Pay Commission lays down inter-alia that once
an employee renders the minimum pensionable service of 20 years,
pension should be paid at 50% of the average emoluments received
during the past 10 months or the pay last down, whichever is more
beneficial to the retiring employee.
As per the Ministry of Personnel, Public Grievances and Pension
O.M. F.No. 38/37/08-P&P(W)(A) dated 2nd September 2008, these
orders shall come into force with effect from the date of issue of this
OM, namely 2nd September 2008 and shall be, applicable to all
Government Servants becoming entitled to pension after rendering
the minimum qualifying service of 20 years or on completion of 1
years qualifying service in accordance with rule 49(2) of the CCS
(Pension) Rules, 1972.
However, the Govt. servants who have retired on or after 1.1.2006
but before the date of issue of this OM (2.9.2008) have been debarred
from this benefit. They will be governed by the rules/ orders which
were in force immediately before coming into effect of these orders.
In other words their pension will be calculated on average
emoluments received during the last 10 months and not on
the actual pay last drawn. It is requested that this discrimination
should be removed.
Decision.
Orders are under issue. The Staff Side raised the inordinate delay
in fixing the revised pension and disbursement of arrears to
pensioners. The official side assured to monitor the payment
of arrears to pensioners. The refusal on the part of many banks to
issue the due and drawn statement even on requisition was also
brought to the notice of the Chairman. The Director (Pension)
assured that suitable instructions would be issued in this regard
to all Banks.
Item No.10.
Commutation of pension.
The minimum period of service for eligibility for pension is 10 years.
For appointment to Government Service the minimum age is 18 years.
In view of this, if a person is appointed at the age of 18 years he
cannot become eligible for pension unless he has served for a
period of at least 10 years and attained the age of 28 years i.e. when
his birthday falls in the 29th years.
The table adopted a per the Ministry of Personnel, Public Grievances
and Pension's OM No. 38/37/08-P&PW (A) dated 2.9.2008 shows the
minimum age of next birthday after retirement as 20 which is not
understood. It is requested that suitable amendment to the table
referred to may be notified.
The item was withdrawn by the Staff Side.
Item No.11 to 14. These items were deferred for discussion at the
next meeting.
Item No.15.
Parity in pension of all pre 1996 retirees with those who retired on
or after 1.1.2006
The Government have already accepted in principle that there
shall be parity in pension amongst pensioners irrespective of the date
from which they had retired.
Accordingly pension of all pre 1986 retirees was revised with effect
from 1.1.96 by first determining the notional pay which would have
been fixed as on 1.1.86 (treating as if the employees were in service
on that date) and then the Notional Pension was updated by applying
the same fitment formula which was applied to serving employees.
We, therefore demanded that the notional pay of all pre 1996
retirees may be fixed as on 1.1.96 in terms of Revised Pay Rules,
1996 and the notional pension as on 1.1.96 may be revised w.e.f.
1.1.06 by applying the same fitment formula which is applied in
the case of serving employees i.e. by multiplying the notional
pension as on 1.1.96 by 1.86 + the Grade Pay of the Pay Scale
(V CPC) from which they would have retired.
The revision of pension has been done by applying the formula
of Basic Pension as on 1.1.96 + Dearness Pension
(50% of Basic Pension) + Dearness Relief on Basic Pension + Dearness Pension+40% of Basic Pension.
This is not the same that has been granted to serving employees.
In whose case the Grade Pay which is the fitment benefit is 40% of
the maximum of the Pre-revised Pay Scale.
As such the Pensioners should also be granted 50% the of Grade Pay
of the Pay Scale from which they had retired by way of fitment
benefit and not 40% of Basic Pension.
Decision.
The Staff Side pointed out that the 6th CPC in order to maintain
the existing modified parity between the present and future
retirees had indicated that it would be necessary to allow the same
fitment benefit as is being recommended for the existing
Government employees vide para 5.1.47 in page 338. However,
the Commission recommended that all past pensioners should be
allowed fitment benefit equal to 40% of the basic pension. The
statement and the recommendation made to give effect to the
statement was at variance giving rise to anomaly and disparity in
pension entitlement between the past pensioners and the future
pensioners. After detailed discussion, the official side agreed to
consider the issue once again.
At the conclusion of the meeting, the Staff Side took up the matter
concerning non representation of Postal Federations in the
National Council as some members of a Federation which could
not muster even 5% membership had been approaching one court
or the other in a bid to delay the verification process and consequent
recognition of the Associations and Federations in the Posta
l Department. As it would be a never ending process, the denial
for the unions who had mustered more than 75% of the membership representation in the National Council would be a miscarriage of
justice, the Staff Side added.. The Director (SR) of the Postal
Department, who had represented the Postal Department in
the official side agreed with the contention of the Staff Side and
reported to the Chairman, that they had granted adhoc recognition
to the Unions who had mustered the requisite membership and
the Department Council had also been convened and met on adhoc
basic. The question of granting of representation to the
representatives of the Staff in the National Council had been
referred to the Department of Personnel and their advice in the
matter was being solicited. The Chairman assured the Staff Side to
look into the matter and take appropriate decision soon.
The denial of revised higher Grade Pay to Master Craftsmen of
Workshops in MMS in the Postal Department, while affording the
same to those in Railways and Defence was also raised by the
Staff Side. The Department of Expenditure pointed out that they
had not received any reference from the Postal Department in this
matter, whereas the official side representative of the Postal
Department stated that they had referred this matter to them
earlier. After some discussion, it was agreed that the Department
of Expenditure and the Postal Department would sort out this
matter expeditiously.
With greetings,
Yours fraternally,
K.K.N. Kutty
Secretary General
Posted by Confederation Of Central Government Employees at 5:27 AM
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Friday, December 11, 2009
Circular
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Website:www.confederationhq.blogspot.com. Email:Confederation06@Yahoo.co.in
Tel: 011-2510 5324: Mobile: 98110 48303
D/11/1/2009
Dated: 10th December, 2009
Dear Comrade,
National Council meeting and decisions.
The 23rd National Council meeting of the Confederation was
held at New Delhi from 4th to 6th December, 2009. The meeting was
inaugurated by Com. Sukomal Sen, former Member of Parliament
and former General Secretary of TUI-PAE. The inaugural session
was held at Muktadhara, Gol market, New Delhi. Com. Tapan Sen,
MP and Chairman, Reception Committee welcomed the Guests,
Councillors, and observers on behalf of the Reception Committee.
The Council was addressed by Com. M.K. Pandhe, President, CITU,
Com. Umraomal Purohit, General Secretary, HMS and Secretary
Staff Side, JCM, National Council. Com. S.P. Tewari, General
Secretary, TUCC, Com. Subba Rao, Secretary, BMS, Com.
Sreekumar, General Secretary, All India Defence Employees
Federation, Com. Rajesh Menon, General Secretary, Confederation
of Central Government Officers Federations. Com. Swapan
Mukherjee General Secretary AICCTU, Com. Sebastiano Soares,
General Secretary, TUI, Com. Nguyen Ngoc Ben, Senior Vice
President, Vietnam Public Services Union had sent in their messages,
which were read out at the inaugural session. On behalf of the
Presidium, Com. S.K. Vyas, President, Com. C.C.: Pillai, Working
President, Com. T. Narasihman addressed the session. Com Vrighu
Bhattacharya, proposed vote of thanks.
Com. G.L. Dhar, Secretary, AITUC, Com. V.A.N. Namboodiri,
General Secretary, BSNL Employees Union, and Com S. Mohan,
Secretary General, All India Audit & Accounts Officers Association
addressed the delegate session on 5th Dec 2009.
The subject session of the Council meeting were held at
Garhwal Bhawan, New Delhi. 35 Affiliated Associations/
Federations and 14 COCs were present at the subject session.
The report of the Credential committee presented at the meeting
would be circulated along with the detailed circular letter later.
The Council adopted the report and accounts submitted on behalf
of the Secretariat. In all 51 comrades participated in the
discussion on the report. The Secretariat provided all the
clarification sought by the members before adopting the accounts.
The points made out by the Comrades during the deliberation on the
draft report would be covered in the detailed circular letter
incorporating the decisions taken at the meeting on various agenda
items. The Council adopted various resolutions moved by the Sectt
and a few moved by the affiliates and COC representatives. The
amendments to the Constitution proposed by the National
Executive Committee, which had already been circulated were
adopted. Besides, the Secretariat submitted certain proposals on
the basis of the feedback from the affiliates and COCs. These were
also approved by the Council after deliberations. The amendments
were to give effect to the following proposals.
(a) to replace the existing National Council with the triennial
National Conference.
(b) To have a National Council as the second tier of functioning
to meet once in a year.
(c) To have the National Executive with the members of the
elected Secretariat members, Members nominated by the affiliated
organizations having membership of more than 3000 and if
those organizations do not have a representative in the Secretariat.
(d) To have a progressive representation of councilors/Associate
Councillors for the COCs in the National Conference on the basis of
paid up amount of subscription with a ceiling limit of one Councilor
and four associate Councillors , the maximum subscription being
Rs. 5000 and the minimum at Rs.1000.
(e) To have the National Council, the representation of each of
the affiliated Associations/Federation through their Chief Executive
and the State Secretaries of the COCs.
(f) To expand the number of Secretariat members for the ensuing
term to give wider representation to the affiliates.
The Council also decided to adopt the logo of the Confederation as
was exhibited at the meeting and change the nomenclature of the
COCs as "Confederation of Central Government Employees and
Workers, ………….State Committee/District Committee" as the case
may be.
The Resolution moved by the Secretariat on Policy and
Programme was discussed in the background of the Government's
decision to re-introduce the PFRDA bill in the Parliament
seeking even the support of the NDA partners. It was decided by
the house that the Secretariat must hold discussion with the
leaders of the All India State Government employees Federation
and All India Defence Employees Federation to carry out the
earlier proposal of organizing a day's strike action as and when
the Bill is placed before the Parliament. The resolution on Policy
and Programme was adopted. The same is annexed to this letter.
The Council elected the following as the office bearers for the
ensuing term of three years. The house unanimously accepted the
suggestion of Com. S.K.Vyas, President to appoint Com. P.V.
Ramachandran as Auditor of the Confederation. The Council
concluded its deliberations on 6th at 6.00 PM. Brief resume of
discussions on each item of agenda and the decisions taken thereon
would be, as indicated above, conveyed in due course.
With greeting
Yours fraternaK.K.N. Kutty.
Secretary General
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