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