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Sunday, February 7, 2010
ANAMOLY COMMITTEE SET-UP, MEETINGS, RESOLUTIONS (W.R.T.PENSIONS)
The Government has released orders for constituting National Anomaly Committee and Departmental Anomaly Committees for settlement of anomalies arising out of implementation of 6th CPC recommendations.
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Dated the 12th January, 2009
Subject:- Setting up of Anomaly Committee to settle the Anomalies arising out of the implentationof the 6th CPC recommendations.
Definition of AnomalyAnomaly will inculde the folllwing 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 6th CPC itself without the Commissionassigning any reason: and
(b) Where the maximum of the revised scale is less than the amount at which one is entitled to be fixed except in those cases where the same is as a result of modified fixation formula adopted by theGovernment and
(c) Where the amount of revised allowance is less than the existing rate.
(2) Composition: There will be 2 levels of Anomaly Committees, National and Departmental, consisting of reprensentativesof the Official Side and the Staff Side of the National Council and the Departmental Council respectively.
(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the JointSecretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry/Departmentshall be one of the Members of the Departmental Anomaly Committee.
(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and inrespect of common categories of employees. The Departmental Anomaly Committee will deal with anomaliespertaining exclusively to the Department concerned and having no repercussions on the employees of anotherMinistry/Department in the opinion of the Financial Adviser. The items already taken up by the Fast Track Committeewill not be considered by the Anomaly Committee.
(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution an it will finally dispose of all the anomalies within a period of one yearfrom the date of its constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shallto the approval of the Govenment.
(6) Cases where there is a dispute about the definition of "anomaly" and those where there is a disagreementthe staff side and the official side on the anomaly will be referred to and "Arbitrator" to be appointed out of apanel of names proposed by the two sides. However, this arbitration will not be a part of the JCM scheme.
(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Departmental level.
(8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at NationalLevel will be issued separately.
(9) All Ministries/Departments are accordingly requested to take urgent action to set up the Anomaly Committeesfor settlement of anomalies arising out of implementation of the 6th CPC recommendations as stipulated above.
Sd/- (Dinesh Kapila) Deputy Secretary (JCA)
All Pensioners Associations are advised to send their representations relating to alleged anomalies relating to pension to the National Council (JCM)
Subject:- Setting of Anomaly Committee to settle the anomalies arising out of the implementation of the Sixth Pay Commission’s recommendation.
The undersigned is directed to say that a National Anomaly Committee consisting of representatives of the Official Side and the Staff Side has been set up by the Department of Personnel & Training vide their OM. No. 11/2/2008-JCA dated 4.2.2009 read with OM dated 12.1.2009 to settle the anomalies arising out of the implementation of the 6th Pay Commission’s recommendations.
In accordance with DoPT’s OM dated 12.1.2009, the anomaly will include cases where the Official Side and the Staff Side are of the opinion that any recommendations is in contravention of the principle or the policy enunciated by the Sixth Central Pay Commission itself without the Commission assigning any reason.
The Department of Personnel and Training has informed that the said committee will examine all kinds of anomalies which are covered under the definition of anomaly as given in their OM No. 11/2/2008-JCA dated 12.1.2009. If the staff side and the official side agree that a particular issue related to pensions is covered under the definition of anomaly, the same may also be taken up for discussion in the National Anomaly Committee.
The Department of Personnel and Training’s OM No. 11/2/2008-JCA dated 12.1.2009 provides that the Anomaly Committee shall receive anomalies through Secretary, Staff Side up to six months from the date of its constitution. Accordingly, all Pensioners Associations, etc, are advised to send their representations relating to alleged anomalies in the orders of the Government relating to pension to the Secretary, Staff Side, National Council (JCM), 13-C, Ferozshah Road, New Delhi – 110001.
Telefax No. 24624802
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.
1.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. 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.
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.
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.
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 10 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.
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.
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.
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.