OFFICIAL FINAL MINUTES OF THE MEETING OF NATIONAL ANOMALY COMMITTEE HELD ON 12TH DECEMBER, 2009

Dear Comrades,

The Department of Personnel has placed on their website the minutes of the last anomaly committee meeting. The Staff Side had been provided with the draft minutes a few days back. The matter was discussed with the official Side Secretary by a few members of the Staff Side. It was decided that the amendments required would be communicated to them in writing and thereafter the same could be finalized after further discussion with the Staff Side, a procedure that had been followed till date. Accordingly, the Staff Side had submitted the amendments to the draft minutes. It was informed to the Staff Side that the amendments would not be acceptable to the official side. We were given to understand that the Secretary, Staff Side indicated for the convening of the next meeting of the Anomaly Committee as many items could not be discussed earlier and finalization of the minutes of the two meetings together. Contrary to this request the Department of Personnel has gone ahead and issued the minutes, which is not in consonance with the understanding reached in this regard as also at variance with what happened in the Anomaly Committee meeting. The official minutes can be accessed from the official website of the Department of Personnel which is given hereunder.

http://persmin.gov.in/writedata/CircularNotification/ScanDocument/11_2_2008-JCA1.pdf

The copy of the letter the Staff Side Secretary had sent to the Official side requesting to incorporate the amendments to the minutes.

Encl:

Copy of staff side secretary's letter addressed to the Secretary Official Side, JCM. National Council.

Umraomal Purohit

Secretary,

Staff Side.

JCM. National Council

13.C Ferozeshah Road,

New Delhi. 110 001

Shri Dinesh Kapila,

Deputy Secretary )JCA) &

Member Secretary (National Anomaly Committee)

Department of Personnel and Training

JCA Section

North Block,

New Delhi.110 001

Dear Sir,

Sub: Draft minutes of the meeting of the National Anomaly Committee. Regarding.

Kindly refer to the discussion, some of the Staff Side members had with you on the above subject.

We send herewith the text of amendments required to be made in the draft minutes.

Thanking you,

                                                                      Yours faithfully,

                                                                        U.M.Purohit.

                                                                        Secretary:

 

Text of Amendments required in the draft minutes of the meeting of the National Anomaly Committee held on 12^th December, 2009.

Page No.4. Item No.1-4. Line No. (in page No.4):4. Add the following as the penultimate sentence:

The Staff Side reiterated that it was an anomaly precisely for the reason that vide Para 2.2.19, the 6^th CPC has stated unambiguously that where pre revised pay scales have been merged it has been done by extending the minimum prescribed for the highest pay scale with which the other pay scales are being merged. However, the pay band has been fixed with reference to the minimum of the lowest pay scales which have been merged.

Page No.4 Item No. 5. Line No. 15. The last sentence in the para (i) of agenda Item No. 5. may be replaced with the following:

The JS(Per) agreed to allow the employees to revise their option and to delegate powers to the administrative ministries to allow such revised options.

Page No. 5. Item No. 5(iv) Line 16. Add the following sentence. The Staff Side further stated that the pay granted to the fresh entrant is the deemed minimum pay of the post and no promotees can be fixed below the minimum pay of the post to which he is promoted on regular basis.

Replace the last sentence in the said para with the following:

The Department of Expenditure agreed to issue enabling orders in the matter.

Page No. 6. Item No. 5(v). Add the following at the end of the paragraph.

The Staff Side further stated that the Revised Pay Rules in relaxation of F.R. are meant only for the purpose of fixing the pay in the revised Pay scales. It has no application thereafter. It is on this specific understanding that the staff side had demanded the one time relaxation as otherwise the one time relaxation would not address similar issues of future recruitees and promotees. The Official Side contended that the Revised Pay Rules would override the provisions of the Fundamental Rules permanently. The Staff Side then contended that an increment has to be granted on completion of one year service. It must not be postponed except on award of a penalty on initiation of disciplinary proceedings. After some further discussion, the official side agreed to reconsider this matter.

Page No. 6 Item No.5(vii).Add the following at the beginning of the paragraph:

The Staff Side stated that as per the existing scheme the temporary status employees have been granted the minimum of the corresponding scale of pay of regular employees (with benefit of annual increments). Therefore it would be necessary that these employees if they are non matriculates are given the requisite training and the benefit of fixation of pay at Rs. 7000/- (with grade pay of Rs. 1800_ with effect from 1.01. 2006. The Secretary, Staff Side pointed out that in respect of those who have retired/died during the period between 1.1.2006 and 1.9. 2008 it would not be possible to impart training to them. He, therefore, suggested, referring to his letter in this regard that they may be given the benefit of Grade Pay of Rs. 1800 with effect from 1.01.2006. Regarding granting of temporary status to casual labourers, JS(Per) informed that the Department of Expenditure had already rendered their advice in the matter to JS(E) DOPT. Further action is to be taken by DOPT. The Chairman said that this issue would be considered sympathetically.

Page No. 7.

Item No.15,16 & 17- Parity in Pension to all Pensioners. Line No. 17.

Kindly omit 16 and 17 in the heading as these items were not discussed at the meeting.

Add the following in Line No. 23 after the sentence ending with the word 'recommendations.'

The Staff Side further stated that the 6^th CPC in para 5.1.47 has stated that in order to maintain the existing modified parity between present and future retirees it will be necessary to allow the same fitment benefit as is being recommended for the existing Government employees.

Page No. 8 Item No.15. Line.3. Add the word "same" in between the words "allowing" and "fitment"

Page No. 8 Item No.15. Line 3. Replace the words: "equal to 40% of their existing pension" with the following:

As is being recommended to the existing Government employees

Page No. 8 Item No.15. Line.9 Replace the following sentence

"Officers of Department of Expenditure stated that this was not the intent of the recommendation of the Pay Commission.

With the following:

After some discussions, the official side agreed to re-examine the issue.

Add the following in page No. 8 at the end.

"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 Postal 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."