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(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.
source:confederation of central govt employees

Amendment of Service Rules

No. AB.14017/61/2008-Estt. (RR)/Pt.

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi
Dated 15 th December2, 009

OFFICE MEMORANDUM

Subject:- Sixth Central Pay Commission's recommendations -amendment of Service Rules - regarding

           This Department in OM No.AB14017/61/2008-Estt(RR) dated 24.3.2009 issued the guidelines for amendment of Service Rules/Recruitment Rules for incorporating the changes arising out of 6th
CPC recommendations.

2. The 6th CPC have also recommended for bringing uniformity in eligibility criteria across various organized Group A Services for promotions. The issue has been examined and in the light of these, it has been decided that the following steps to amend the existing Service Rules shall be undertaken on priority basis:

          (i) For promotion to SAG level, the eligibility requirement shall be" Officers in the JAG with 8 years' regular service in the grade including NFSG OR Officers with 17 years' regular service in Group 'A' posts in the service out of which atleast 4 years' regular service3 should be in the JAG (including service rendered in the NFSG of the JAG."

(ii) For promotion to HAG level, the eligibility requirement shall be " Officers in the SAG with 3 years' regular service in the grade OR Officers with 25 years' regular service in Group 'A' posts in the service
out of which atleast 1 year' regular service should be in the SAG."

3. The cadre controlling authorities of the various Organized Group A Services may initiate action for appropriate amendments in the Service Rules.

Review of Scheme for Compassionate Appointmen

F.No 14014/2/2009-Estt(D)
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel 8 Training
New Delhi, dated the 11 December, 2009

OFFICE MEMORANDUM

Subject: Review of Scheme for Compassionate Appointment in the light of the 6th Pay Commission recommendations.

          The modification of the existing Scheme for Compassionate Appointment has been considered in the light of the recommendation of the 6'h CPC as contained in para 2.2.9 and 2.2.10 of its Report. Accordingly, in partial modification of the Scheme for Compassionate Appointment issued by this Department vide O.M.No.14014/6/94- Estt.(D) dated gth October, 1998, as amended from time to time, it
has been decided in consultation with the Department of Expenditure that for appointment on compassionate arounds, in exceptional circumstat6es Government may consider- recruiting persons not irnmediatelv meeting the minimum educational standards. government may engage them as trainees who will be given the
regular pay bands and grade pay only on acquiring the minimum qualification prescribed under the recruitment rules. The emoluments of these trainees, during the period of their training and before they are absorbed in the Government as employees, will begoverned by the minimum of the - IS pay band of Rs. 4440-7440 without any grade pay. In addition, they will be granted all applicable Allowances, like Dearness Allowances, House Rent Allowance and Transport Allowance at the admissible rates. The same shall be
calculated on the minimum of - 1S pay band without any grade pay.
          The period spent in the -1S pay band by the future recruits will not be counted as service for any purpose as their regular service will start only after they are placed in the pay band PB-1 of Rs.5200- 20200 along with grade pay of Rs.1800.

2. The above decision may be brought to the notice of all concerned for information, guidance and necessary action.

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