Placed hereunder is the Confederation Circular letter No.31/2009 on items sent to the National Anomaly Committee.
CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES AND WORKERS
Manishinath Bhawan
A/2/95 Rajouri Garden, New Delhi. 110 027
Phone: 011 2510 5324 Fax: 011 2510 5324
Website: www.confederationhq.blogspot.com
E-mail.confederation06@yahoo.co.in or itefcentral@gmail.com
D/11/31/2009
Dated: 22nd April, 2009
Dear Comrades,
This is in continuation of circular letter No. 30/2009. We have received a large number of requests for the copy of anomaly items referred to the National Anomaly Committee.We are placing the same in our website.
With greetings,
Yours fraternally,
K.K.N. Kutty.
Secretary General.
Item No. 1
Pay Fixation in case of merger of pre-revised Pay Scale
In para 2.2.19 (vii) page 45 of the VI CPC report the commission has stated that this merger has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales have (are being ) merged.
However the pay in the pay band in respect of the pre-revised pay scale of Rs.5000-8000 has been fixed at Rs. 9300 (i.e. Rs. 5000 x 1.86) and that of the pre-revised pay scale Rs. 5500-9000 at Rs. 10230 (i.e. Rs. 5500 x 1.86)
In Rule 7(1) (A) of the Central Civil Services (revised pay) Rules, 2008 , it has been laid down that :-
i) The pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
ii) If the minimum of the revised pay band/pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the pay band/pay scale.
Since the pre-revised pay scale of Rs. 5000-8000, Rs. 5500-9000, Rs. 6500-6900 and Rs.6500-10500 have been merged with the pay scale of Rs. 6500-10500 its pay in the pay band should have been revised as under :-
| Pre-revised Pay Scale | Pay Scale with which it has been merged | Present pay | Pay after multiplying with 1.86 (vide Rule 7(1)(A)(i) of RP Rules | Pay in the pay band as per rule 7 (1)(A)(ii) of RP Rules | Grade Pay |
| A.I 5000-8000 | 6500-10500 | 5000 | 9300 | 12090 | 4200 |
| II 5000-8000 | 6500 – 10500 | 5150 | 9580 | 12090 | 4200 |
| III 5000-8000 | 6500-10500 | 5300 | 9860 | 12460 | 4200 |
| IV 5000-8000 | 6500-10500 | 5600 | 10420 | 12840 | 4200 |
| & soon | | | | | |
| BI 5500-9000 | 6500-10500 | 5500 | 10230 | 12090 | 4200 |
| II 5500-9000 | 6500-10500 | 5675 | 10560 | 12090 | 4200 |
| III 5500-9000 | 6500-10500 | 5879 | 10890 | 12460 | 4200 |
| IV 5500-9000 | 6500-10500 | 6050 | 11210 | 12460 | 4200 |
| V 5500-9000 | 6500-10500 | 6200 | 11540 | 12840 | 4200 |
| VI 5500-9000 | 6500-10500 | 6375 | 11860 | 12840 | 4200 |
& on
The tables appended with the Deptt. Of Expenditure OM.F.No. 1/1/2008-IC dated 30.8.2008 may kindly be revised on the above lines.
The illustration 4B given in the CCS (RP) Rules, 2008 is not in conformity with the provisions of Rule 7(1)(A)(iii) thereof and has to be modified as per the table given above.
Item no. 2
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.
(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 in emoluments, in case of persons who are promoted during the period between 1.1.2006 and 1.9.2008.
(iii) Clarification No. 6(ii) issued vide O.M. no. F.1.1.2008-1C dated 13.9.2007 is in conflict with the mode of fixation as given in illustration 4A in the explanatory memorandum to the Revised Pay Rules, 2008 referred to in Note 2A to Rule 7. In the case of upgraded Pay Scale the pay is to be fixed in the manner prescribed in accordance with A(i) and (ii) of Rule 7 by multiplying the existing Basic Pay as on 1.1.2006 by a factor i.e. 1.86 and rounding the resultant figure to the next multiple of ten. The clause A(ii) of Rule 7 stipulates that if the minimum of the revised pay Band/Pay scale is more than the amount arrived at by multiplying the existing Basic Pay by a factor of 1.86 and rounding to the next multiple of ten, the pay shall be fixed at the minimum of the revised pay Band / Pay scale. In other words the revised Pay Band arrived at with reference to the existing Basic Pay should not be less than the minimum of the upgraded pay scales. This aspect has been ignored in the clarification No. 6(i) of the OM dated 13.9.2008. Therefore this may be withdrawn.
(iv) Rule 8 of the Revised Pay Rules. On going through the table for fixation given for new entrants and the existing employees in the same stage (especially at the minimum of the scale of pay) we find that the new entrants are fixed at a higher stage compared to the existing employees as per illustration given hereunder.
Grade Pay Pay of new entrant Pay of an existing employee at the Minimum Stage
2000 8460 8060
2400 9910 9840
2800 11360 11170
This anomaly is to be removed by appropriate revision of fitment tables.
(v) 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 Decemeber 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 Jule 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 Feb and 1st June, 2006 may be given one increment on 1.1.2006 as a one time measure.
(vi) Tax deduction from salary – Spread over of the arrears of salary is permissible u/s. 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.
(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.
Item No. 3.
Benefit on promotion.
It is an accepted proposition that an employee when promoted to a higher post involving higher responsibility should get a suitable rise in his salary. It was on this consideration that FR 22© 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 5th CPC it was agreed that minimum increase in salary on promotion shall not be less than Rs. 100.
There are certain grades in which, on promotion, a hike of Rs. 650/- is being allowed with reference to the pre-revised pay scales.
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 o n promotion should not be less than 10% of the Pay + Grade Pay of the feeder post.
Item no. 4
Refixation of Pension / Family Pension
Para 9 of the Ministry of Personnel, Public Grievance and Pensions 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 that fifty percent 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 be covered in para 9 of the O.M.
It is requested that para 9 of the said OM may be revised including both paras 4.1 and 4.2 thereof
Item no. 5
Anomaly in pension for Govt. Servants who retired/died in harness between 1.1.2006 and 1.9.2008
The 6thCPC lays down inter alia that once an employee renders the minimum pensionable service of twenty years, pension should be paid at 50% of the average emoluments received during the past ten months or the pay last drawn whichever is more beneficial to the retiring employee.
As per the Ministry of Personnel, Public Grievance and Pension O.M.No. 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.
Item No. 6.
Commutation of Pensions
The minimum period of service for eligibility for pension is 10 years. For appointment to Governemnt 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 atleast 10 years and attained the age of 28 years i.e. when his birthday falls in the 29th year.
The table adopted as per the Ministry of Personnel, Public Grievances and Pensions O.M. 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.
Item no. 7
Grant Revised Allowances with effect from 1.1.2006
Allowance form part of wages. That being so, allowance too should be revised with effect from the same date from which Revised Pay Scales have been implemented i.e. 1.1.2006. There is hardly an justification for granting revised allowances with effect from 1.9.2008 i.e. after a lapse of 32 months. Certain Special Pay like Qualification Special Pay, which has now been treated as Special Qualification Allowance, is also being revised with effect from 1.9.2008. Since this allowance is treated as pay for the purpose of fixation of pay on promotion to higher posts, senior employees, who might be fixed at a lower stage due to prervised Special Qualifying Allowance than those junior hands who are promoted to higher posts on or after 1.9.2008, creating an anomaly. It is therefore necessary that such Qualification(Pay) Allowance is revised with effect from 1.1.2006.
In case of HRA and other allowance, which are paid as a percentage of pay, even on the prerevised pay have to be paid as a percentage of the revised pay for the period from 1.1.2006 to 31.8.2008 and not on the prerevised pay which ceased to exist on and after 1.1.2006. No order to do so have so far been issued.
The Family Planning increment has to be granted at the rate of revised increment w.e.f. 1.1.2006. Instead it has been sanctioned as Family Planning Allowance w.e.f. 1.9.2008 at flat rates. During the period from 1.1.2006 to 31.8.2008 orders to regulate it at the rate of increment in the revised pay scales have also not been issued.
For all these reasons, we demand that all allowances may be granted at the revised rates w.e.f. 1.1.2006
Item no. 8
Transport Allowance
The scheme of Transport allowance was recommended by the 5th CPC. Even at the time it had been pointed out that the rate of TA had not been fixed rationally. Group C & D employees, who reside at far away places from their offices, have been given very low rates by the officers, who reside in Govt. accommodation very near their offices, have been given 8 times higher rates than the low paid employees,. The matter had gone for arbitration and the Board of Arbitration had given an award increasing the rates of Transport Allowance, which has not yet been implemented though more that 3 years have since elapsed.
On these considerations there is a case of upward revision in the rate of TA for low paid employees now belonging to PB1
We, therefore, demand that TA for employees below the Grade Pay of Rs. 4200 should also be revised to Rs.1600 + DA. For the A-1/A towns and Rs.1200/- + DA for other towns.
There are employees who remain on long tour duties as in the Audit Dept or field duties on survey sites during a long filed season sof more than 4/5 months. Since the CCA which was earlier admissible to them has been subsumed in the TA, they are not getting any TA while on tour for more than a month or for many months during which the field season lasts and they are therefore losing even the part of the TA which represents CCA
It is therefore demanded that the condition of absence for more than a month for disentitling the employees for TA may be done away with
During the survey season these employees have to roam the entire area which is being surveyed. The ground Water Board Staff have to go from their tents etc., to places where water availability is to be explored. Therefore they are also entitled to TA during the filed seasons.
Since CCA was being included in wages for the purpose of revising the OTA rates, 50% of TA may be counted as wages for determining Overtime rates.
Item no. 9
Revision of Existing Allowances
There are certain allowances which are to be withdrawn and replaced by new schemes like Insurance for Risk Allowance, Patient Care Allowance etc. These schdemes have so far not been formulated. When formulated, these will have to be discussed in the JCM fora before these are implemented. For the intervening period from 1.9.2008 to the date on which these alternate schemes are implemented, the rates of these allowances may be doubled and implemented.
Item no. 10
Parity in pension of all pre 1996 retirees with those who retired on or after 1.1.1996
The government has 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 w.e.f. 1.1.1996 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, 19996 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 not 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% of the Grade Pay of the Pay Scale from which they had retired by way of fitment benefit and not 40% of Basic Pension.
Item no. 11
Anomaly in Pension to those retiring within first 9 months of 2006 not fully rectified
The Department of Pension & Pensioners Welfare, in their Clarificatory O.M. F.No.38/37/08-P&PW(A) Pt.II dated 3.10.2008, at Sl.No.5 (para 12), have stipulated that, for the purpose of computing average emoluments in the case of Government servants who have opted for fixation of pay in the revised Pay Band and retire within 10 moths from the date of coming over to the Revised Pay Band, basic pay for the 10 months period preceding retirement shall be calculated by taking into account pay as follows:-
(i) For the period during which pay is drawn in the revised Pay Structure pay drawn in the prescribed Pay Band plus applicable grade pay or the pay in the Pay Scale in case of HAG + & above;
(ii) For the remaining period during which pay is drawn in the pre-revised pay scale:-
(a) Basic Pay + Dearness Pay and actual D.A. appropriate to the basif Pay at the rates in force on 1.1.2006 drawn during the relevant period.
(b) Notional increase of basic pay by applying the fitment benefit of 40% on th e basic pay in pre-revised Pay Scale.
The average emoluments so computed would not fully rectify the anomaly as because those who have retired on 31.10.2008 and thereafter will get their average emoluments for all the preceding months in the prescribed Pay Band plus applicable grade pay i.e. Basic Pay in pre-revised Pay Scale multiplied by 1.86 + Grade Pay which is 40% of the maximum of the pre-revised pay scale or even more than that in the case of S-16 onwards. On the other hand what has been allowed as per the above clarification in the case of these retiring within 10 months is
Basic Pay in pre-revised Pay Scale multiplied by 1.74+40% of basic pay in the pre-revised pay scale.
With a view to remove the anomaly it is demanded that for the period preceding 10 months during which pre-revised pay is drawn, the pay of those retiring between 1.1.06 and 30.9.06 should be taken as under:-
a) Basic pay multiplied by 1.86
Plus
b) Notional increase in the basic pay by the Grade Pay applicable and not 40% of basic pay in the pre-revised Pay Scale.
Item no. 12
Revision of Pension of those retired during the period 1.1.2006 to 1.9.2008
The recommendation of VI CPC for grant of full pension @ 50% of average emoluments received during the last 10n months or the pay last drawn whichever is more beneficial to all employees rendering minimum of 20 years of service has been accepted.
Rule 49(2) (a) of CCS (Pension) Rules, 1972 shall have to be revised by providing 20 years for 33 years and Rule 34 of the CCS (Pension) Rules 1972 will also undergo a change by including the last pay drawn if it is more beneficial as emoluments for the purpose of fixing pension.
It is, therefore, not correct to state that qualifying service of 20 years and average emoluments or the last pay drawn are not separable (vide Deptt. Of Pension & Pensioners Welfare clarification No.1 in O.M. F.No.38/37/08-P&PW(A) Pt.II dated 3.10.2008).
The Commission's recommendation that payment of full pension on completion of 20 years of qualifying service may take effect prospectively i.e. from 2.9.2008 which has been accepted by the government vide their O.M. dated 2.9.2008 is to say the least unconstitutional in the light of the judgement dated 17.12.82 of the Hon. Apex Court which is popularly known as the Nakara Judgement. They have ruled as under:-
That by introducing an arbitrary eligibility criteria: being in service and retiring at a subsequent date for being eligible for the liberalilzation in Pension Rules (or any other liberalization in Pension rules) and thereby dividing a homogeneous class (Pensioners – past, present and future), this classification being not based on any discernable rational principle and having been found wholly unrelated to the object sought to be achieved by grant of such liberalization and the eligibility criteria being thoroughly arbitrary, we are of the view that eligibility for the Liberasized Pension Scheme of being in service on the specified date and retiring subsequent to the date violates Article 14 of the Constitution and is unconstitutional and is struck down.
With due respect to the VI CPC, it is, therefore, stated that the above recommendations vide para 5.1.33 of their Report from a prospective date (vide para 6.5.3 of VI CPC Report) is ultra virus of Art.14 of the Constitution and may therefore be rejected.
No only those who have retired between 1.1.2006 and 1.9.2008 but even those who retired prior to 1.1.2006 may be granted full pension if they had rendered 20 years of service i.e. 50% of the average emoluments for the last 10 months or the last pay if that be more beneficial.
Item no. 13
Allowances
Daily Allowance on Tour
The DA rates may be revised with regard to those drawing Grade Pay of 4200 to 4800 and below 4200 in the following manner.
Rs.4200 to 4800 – Reimbursement of hotel accommodation of upto Rs.1000/- per day; reimbursement of travel charge upto Rs.150/- per diem for travel with in city and reimbursement of food not exceeding Rs. 200/- per day. The reimbursement of travel and food charges may be made on self certification or on assumption that the prescribed amount has been opted.
Below Rs.4200/- Reimbursement of hotel accommodation of upto Rs.700/- per day; reimbursement of travel charges upto Rs.150/- per diem for travel within city and reimbursement of food not exceeding Rs. 200/- per day. The reimbursement of travel and food charges may be made on self certification or on assumption that the prescribed amount has been spent.
This is being demanded because it is not the practice to get bill / receipt for fare charged by the Autoriskha / or to insist for bill for tea / snacks / meals from dhaba / restaurant. The traveling employees (atleast some of them) have arrangements to cook their meals etc while on tour and stay in places other than hotels having tariff rates etc. In their case obtaining receipts for stay, conveyance meals etc. is not even called for.
It is, therefore, demanded that a fixed Daily Allowance Rate for stay, local travel, food etc may also be prescribed as was done before.
There are many employees in surveys Departments like Survey of India, Geological Survey of India etc and Ground Water Board who go on filed duties, live in tents, cook their meals and travel to the areas being surveyed by them from their tents, etc., there are no hotel / dhabas etc., even available to them.
The Government have ordered that as an alternative the employees may draw daily allowance at the old rates (V CPC rates). When all other allowances had been doubled, it is not understood why the rates of daily allowance had not been doubled. Looking to the rise in prices, even the daily allowance double the old would be insufficient to cover actual expenses.
The following rates of D.A. are, therefore proposed :
Grade Pay 4800 to 4200 50 % of hotel rates i.e. Rs.500/- plus 350/- for local Travel and food i.e. Rs. 850/-
Below Rs. 4200/- 50% of hotel rates i.e. Rs. 350/- + Rs.350
i.e. Rs. 700
Item no. 14
50% of revised Pay Band + Grade Pay not correctly determinded.
A table has been appended to Para 4 of Department of P & P W O.M. No. 38/37/08 P&PW(A)PT I dated 14.10.2008 showing 50 % of the sum of the Revised Pay Band and Grade Pay. It is seen that the Pay Band worked out @ 1.86 of the minimum of the pre revised Pay Scale has been adopted for all pay scales in each band which is not what the commission had recommended and Govt. had accepted.
The relevant recommendation of the VI CPC ( vide para 5.1.47 page 339 of VI CPC Report) is as under :-
"The fixation as per this table will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the Pay Band and the Grade Pay thereon corresponding to the pre-revised Pay Scale from which the pensioner had retired".
The phrase "minimum of the pay in the Pay Band corresponding to the pre-revised pay scale from which the pensioner had retired" is different from the minimum of the Pay Band worked out on the basis of minimum of the lowest Pay Scale in each Pay Band which is Pay Band Minimum adopted by the commission in their scheme of Pay Bands. The minimum pay in the Pay Band has been shown in the fitment tables appended with the Department of Expenditure O.M. F.No. 1/1/2008 – IC dated 30.8. 2008. This minimum pay in the Pay Band corresponding to the pre-revised Pay Scale from which the pensioner had retired should have been adopted in the table appended with the above P&PW OM dated 14.10.2008.
The revised table worked out on the above basis is enclosed herewith which may be adopted.
| S.No | Scale of pay | Minimum pay band | Gr.pay | Totl. | Pension @50% | Pension Sanctioned. | Family Pension @ 30% | Family Pension sanctioned |
| 1 | 2650- 4000 | 5360 | 1800 | 7160 | 3580 | 3500 | 3500 | 3500 |
| 2 | 2750- 4400 | 5530 | 1800 | 7330 | 3665 | 3500 | 3500 | 3500353500 |
| 3 | 3050- 4590 | 5880 | 1900 | 7780 | 3890 | 3550 | 3500 | 3500 |
| 4 | 3299-4900 | 6060 | 2000 | 8060 | 4030 | 3600 | 3500 | 3500 |
| 5 | 4000-6000 | 7440 | 2400 | 9840 | 4920 | 3800 | 3500 | 3500 |
| 6 | 4500-7000 | 8370 | 2800 | 11170 | 5585 | 4000 | 3500 | 3500 |
| 7. | 5000-8000 | 9300 | 4200 | 13500 | 6750 | 6750 | 4050 | 4500 |
| 8 | 5500-9000 | 10230 | 4200 | 14430 | 7215 | 6750 | 4329 | 4500 |
| 9 | 6500-10500 | 12090 | 4200 | 16290 | 8145 | 6750 | 4887 | 4500 |
| 10 | 7450-11500 | 13860 | 4600 | 18640 | 9230 | 6950 | 5538 | 4170 |
| 11 | 7500-12000 | 13950 | 4800 | 18750 | 9375 | 7050 | 5625 | 4230 |
| 12 | 8000-13500 | 14880 | 5400 | 20280 | 10140 | 7350 | 8084 | 4410 |
| 13 | 8000-13500 | 15600 | 5400 | 21000 | 10500 | 10500 | 6300 | 6300 |
Item no. 15
Revision of Pension of those who are receiving two Pensions.
Para 5.1 of O.M. no.F.no.38/37/08/P&PW(A) dated 1.9.2008 lays down that where the consolidated Pension / Family Pension in terms of para 4 thereof works out to an amount less than Rs. 3500/-, the same shall be stepped upto to Rs.3500/- and that will be regarded as Pension/Family Pension w.e.f. 1.1.2006. In the case of pensioners who are in receipt of more than one pension, the floor ceiling of Rs.3500/- will apply to the total of all pensions taken together.
This is a clear retrograde step from the existing position whereby in terms of the department of P&PW OM No. 42/2/2004 P&PW (G) dated 21.6.2004, when a pensioner receives two pensions both are treated separately for the purpose of consolidation and not taken together.
It is therefore requested that status quo-ante should be restored by issuing orders, in supercession of para 5.1 ibid, laying down that minimum floor ceiling should apply separately to each pension and not to the total of the pension taken together.
Item no. 16
Special provision for those who retired on or after 1.1.2006 but retain pre-revised scale of pay.
The provisions made in para 13 of O.M. dated 2.9.2008 in respect of above category of employee are against the principal of natural justice and its arbitrary in asmuch as they have neither been treated as pre 1.1.2006 retirees nor post 1.1.2006 retirees.
To meet the ends of justice their pension should be computed as in clause(ii) of para 13 with reference to emoluments defined in FR-9(21)(a)(i) after inclusion of Dearness Pay and DA paid as on 1.1.2006 (on basic pay plus dearness pay) and pension computed without notional increase of the basic pay by applying the fitment benefit of 40% on the basic pay in the pre-revised scale. Similarly, Family Pension is to be calculated at 30% of basic pay after adding dearness pay as drawn fitment weightage of 40% of basic pay and DA as admissibe on 1.1.12006 (on BP+DP). The provisions made in para 13 are highly discriminatory and anomalous as pension / family pension to those retired / died prior to 1.1.2006 with the same pay in pre revised scale.
Although such cases may be very few who will be opting to continue to draw pay in the pre-revised structure, but to avoid discriminatory treatment and to protect that their pension / family pension is not less that what an employee gets on his retirement / death on 31.12.2005, the provision made in para 13 needs further suitable amendment / amplification.
Item no. 17
Commutation of additional Pension on retrospective revision of Pension in respect of Post 31.12.2005 retirees
The recommendation made by the Sixth CPC in para 6.5.3 of its report as mentioned at Sl. No.5 of the Resolution dated 29.8.2008 and accepted by the Govt. of India, is against the provisions of rule 10 of CCS (Commutation of Pension) Rules, 1981. Neither the Govt. nor the pensioners are at liberty to alter/refuse the contract of commutation of pension after it becomes "absolute". Since Govt. servants who retired on or after 1.1.2006 and have commuted a portion of their pension which has now been retrospectively revised, have to be allowed the commutation of additional pension now becoming due to the same percentage which he has applied earlier for commutation with reference to the purchase value for age next birth day which was taken into account at the time of (date on which commutation become absolute) – initial commutation. The recommendation of the Sixth CPC is also against the spirit of Rule 8 of CCS (Commutation of Pension) Rules. Had the commutation Table consisting of purchase value with reference to age has gone up, then the Govt. would have applied rule 10 ibid for commutation of additional pension and not with reference to revised upward rate. The department of P&PW cannot choose the latter provision by subverting the statutory rule 10 of CCS (Commutation of Pension) Rules 1981. It was for the Govt. not to accept the recommendation of the 6th CPC as contained in para 6.5.3. of their report and status-quo as per rule 10 of CCS (commutation of pension) rules, 1981 continued as was allowed while implementing the 3rd, 4th and 5th CPC recommendations.
We, therefore, request the Govt., to maintain status quo by applying the provisions of Rule 10 of CCS (Commutation of Pension) Rules, 1981 for commutation of pension becoming due as a result of revision of pay / pension and modify the acceptance of recommendation as appearing against Sl. No. 5 of the Resolution and provisions made in para 9.3 of O.M. dated 2.9.2008.
Item no. 18
Constant Attendance Allowance
The 6th CPC in its report in para 5.1.44 ( not 5.1.42 as mentioned against Sl. No. 10 of Resolution dated 2.9.2008) recommended Constant Attendance Allowance to civilians who are granted disability pension under CCS (Extra Ordinary Pension) Rules, 1939 for the first time as a new element on the lines existing in the Defence Forces. Here neither the rate of Constant Attendance Allowance payable nor the conditions attached to its payment have been detailed. However, while recommending Constant Attendance Allowance to Defence Forces in para 5.1.68, the commission recommended Rs. 3000/- p.m. as increased by 25% every time the dearness allowance payable on revised pay band goes up by 50 %.
It is regretted that the Deptt. Of P&PW while notifying acceptance of the recommendations of the Sixth CPC by the Govt. in its Resolution dated 29.8.2008 at Sl NO. 10 did not link the recommendation of the commission as available in para 6.1.68 in regard to allowing increase by 25% of Constant Attendance Allowance when Dearness Allowance goes up by 50 %. It is a deliberate concealment of a fact by the Deptt. Of P&PW, which is bad. Even if the Govt. was not inclined to increase the Constant Attendance Allowance as and when DA increased by 50%, it would have been proper not to accept that portion of the recommendation in the Resolution. As the Ministry of Defence does not issue any Resolution on Pensionery matters and they follow the Governments acceptance of Resolution issued by Department of Pension and Office Memoranda issued by the Ministry, the omitted part of the recommendation of the Sixth CPC (para 6.1.68) regarding increase in Constant Attendance Allowance as and when DA increased by 50% will not find place in the Ministry of Defence letter notifying revised Pensionery provisions in respect of Armed Forces as the same has neither been accepted nor denied by the Government. This requires necessary correction / amendment.
Item no. 19
Grant of Grade Pay of Rs.5400 in PB-2 for Asst. Accounts / Audit Officers
Whereas the VI CPC had recommended that the post of Asstt Accounts / Audit Officers and Accounts / Audit Officers should, therefore, (because as a result of upgradation of the post of section officers (Accounts / Audit) in pay scale of Rs.7500 – 12000, the posts of section officers and Asstt. Accounts / Audit Officers had been placed them in an identical Pay Scale) be merged in the pay band PB-2 to Rs.8700 (9300) – 34800 along with grade pay of Rs. 4800, the Govt. have placed Audit / Account officers in the pay band PB-2 with upgraded Grade Pay of Rs. 5400 (corresponding to the prerevised pay scale of Rs.8000-13500).
This has given rise to the following anomaly :-
i) Asstt. Accounts / Audit Officers are Group B Gazetted whereas section officers are Group B Non Gazetted. As such a Group B gazetted post has been merged with a Group B Non Gazetted post.
ii) Since Asst Accounts officer is a promotional post for Section Officer, the merger of these posts has resulted in no fixation of pay on promotion in view of Rule 13(i) of CCS (RP) Rules, 2008. The Ministry of Railway vide their Notification no. PC VI/19 dated 23.9.2008 (RBE No. 128/2008) has however extended the Pay Band of PB-2 with grade pay of Rs. 5400 to Asstt. Accounts Officers (group B Gazetted)
It is therefore proposed that the post of Assistant Accounts/ Audit Officers in all organized Accounts and Indian Audit & Accounts Department may also be granted the upgraded grade pay of Rs. 5400 in PB-2
As a corollary to this the Accounts & Audit Officers may be placed in the Pay Band PB-3 with upgraded Grade Pay of Rs.5400 considering the fact that this is a promotional post with higher functional responsibilities and Sr. Audit/Accounts Officers may be given pay band PB-3 with grade pay of Rs. 6600 for the same reason.
It may also be pointed out that the observation of 6th CPC (vide para 7.56 of their report) that "upgrading the Sr. Audit/Accounts Officers pay scales any further will place them in a higher level than the entry grade of 1A & AS which is a promotion post" is not correct. The senior Accounts / Audit Officers are not promoted to the entry grade of 1A and AS. They have been promoted to S-19 post which has now been granted Grade Pay of Rs. 6600. That is why the post of Sr. Audit / Accounts Officer may be given Pay Band PB-3 with grade pay of R.6600.
Item No. 20
Revision in Base Index for D.A.
12 months average index of 536 (AICPI – IW) 1982 series corresponds to 74.97 % increase over the base index of 306.33 prescribed by V CPC. Since 74% increase in D.A. has only been merged in emoluments (Pay Band), this increase corresponds to 12 monthly average index of 533.02 of cost of living index (1982=100) series.
The base index for the 6th CPC pay scale should therefore be 533.02 of 1992 Index i.e. 115.12 in (2001=100) series.
It is, therefore, proposed that the base index in (2001=100) series for the computation of D.A. in pay scale of 6th CPC may be taken as 115.12 and not 115.76.
Item. No. 21
Child Care Leave (CCL) in respect of Central Government employees as a result of Sixth Pay Commission Report.
On the basis of the recommendation of the 6th CPC, CCL was introduced by the Govt. This facility for the women employees is in fact a landmark recommendation by the Pay Commission in the area of reform under modern work culture. The decision by the Govt. to accept this recommendation is also equally historical which has been given wide publicity by all sections of the print and electronic media. CCL is one of the right steps towards the welfare of women employees which will bring diversified results in the area of small family norms. It would definitely be a great relief to women employees having girl children, particularly having a single girl child. No doubt, a single girl child requires more attention and presence of her mother.
However, ignoring all the above social issues, DOPT has issued the latest clarification which has taken away the spirit and enthusiasm of the women employees. As per the clarification issued by the DOPT vide its OM no. 13018/2/2008 –Estt(L) dated 18/11/2008 this landmark facility has become as goods as withdrawn as one of the conditions in the clarificatory orders clearly stipulates that CCL can be availed only if the employee concerned has no Earned Leave at her credit.
It is proposed that the above clarification order may kindly be withdrawn as the 6th CPC had not indicated that the leave will be available only in the event of there being no leave at credit.
Item no. 22
Cumulative loss in wages as a result of New Fixation Formula on promotion to the next higher grade.
As per extant rules and procedure the pay of a person on promotion is fixed taking into account the number of increments drawn plus one additional increment and in any case the minimum pay in the next higher scale was assured and granted. As an example, staff in scale Rs. 3050-4590/- when promoted to scale Rs. 4000-6000 / 4500-7000/- his pay is fixed taking into the account the number of increments drawn plus one additional increment under Rule FR-22/C and in any case not less than the minimum of the pay in the promoted scale i.e. Rs.4000 – 4500. As per clarification no. 2, of the order under reference the same provision is absent.
Para 12(ii) of the Ministry of Finance (Department of Expenditure) Notification No. GSR 622(E) dated 29.8.2008 is specific about this. Railway Board should amend their order (PC VI/2008/1RSRP/1 dated 25.9.2008).
As per provision of the first scheduled, Para 'A' section II, the entry pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 has been prescribed as follows :
PB-1(Rs. 5200 – 20200) PB-2(Rs.9300 – 34800)
| G.P. | Pay in the Pay Band | Total |
| 1800 | 5200 | 7000 |
| 1900 | 5830 | 7730 |
| 2000 | 6460 | 8460 |
| 2400 | 7510 | 9910 |
| 2800 | 8560 | 11360 |
| G.P. | Pay in the Pay Band | Total |
| 4200 | 9300 | 13500 |
| 4600 | 12540 | 17140 |
| 4800 | 13350 | 18150 |
It is however seen that an existing employee in the pre revised pay scale (S-6) Rs.3200-4900 drawing pay of Rs. 3455 (i.e. 4th stage) will be fixed at Rs.8430/- p.m. whereas a fresh recruit in the same scale if appointed on or after 1.1. 2006 shall be given Rs.8460/-
Similarly an employee drawing Rs.4000 in the pre-revised scale (4000-6000) (S-7) will be fixed at Rs.9840 whereas a fresh recruit appointed on or after 1.1.2006 would be given Rs. 9910/-
An existing employee in pre-revised pay scale Rs.4500-7000 (s-8) will be fixed at 11,170 whereas a fresh recruit appointed on or after 1.1.2005 will be Rs. 11,360/-.
It is proposed that it may be provided in the rules that pay of the existing employee shall not be fixed at a stage lower than the pay at which a fresh recruit appointed on or after 1.1.2006 is fixed.
Item no. 23
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 that of the direct recruits.
In the VI CPC structure there is no pay scale and the 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 or 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.
Item no. 24
Denial of monetary benefit in the matter of fixation of pay while granting higher replacement scale.
Railway Board vide their letter no. PC-VI/2008/1/RSRP/1 dated 25.9.2008 have issued clarification that where all posts in a particular grade have been granted higher replacement pay scale / grade pay, their fixation will be done with reference to their fitment table corresponding to the pre-revised pay scale instead of upgraded pay scale. This provision denied the due benefit of fixation of pay in the upgraded scale.
According to the existing practice when a post is upgraded, say from Rs.6500-10500 to Rs.7450 – 11500/- the pay is fixed with reference to the fixation table provided for Rs.7450-11500/-.
It is urged that when a post is upgraded the fixation of pay should be done on the basis of upgrade pay scale.
Item no. 25
Re-opening of option for fixation of pay on promotion.
As per the recommendation of the 6th CPC the revised pay scales have been introduced from 1.1.2006. Persons promoted in the later part of the year 2005/2006/2007 had already exercised option for fixation of pay from the date of their next increment in existing scale. As for example :
i. an employee in pay scale s. 3050-4590 was promoted to the pay scale of Rs.4000-6000/Rs.4500-7000 in the month of October, November, or December 2005/2006/2007.
ii. his next increment in the existing scale falls on say Feb/March/April/May/June 2006/2007/2008, and he had exercised option for fixing his pay in the promotional scale from his next date of increment in the existing scale.
In this case his increment in the revised pay scale will be from 1.7.2007 or 1.7.2008.
If, the order for grant of increment on 1st July each year was (as per VI CPC) known to him, earlier he would have exercised option for fixing his pay from the date of his promotion and in that case he could draw his next increment from 1.7.2006, 1.7.2007 or 1.7.2008.
It is therefore requested that existing employees who have been promoted to the higher post during 2005, 2006 or 2007 or prior to 2.9.2008 may be allowed fresh option for fixation of their pay.