CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

[First Check this information before read this order: Structure of Entry Pay in 6th CPC for Direct Recruits]

No.8-23/2017-E.IIIA
Government of India
Ministry of Finance
Department Of Expenditure

North Block, New Delhi
28th September, 2018

Office Memorandum

Subject: CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

The undersigned is directed to invite the attention to the provisions contained in Section-2 of Part ‘A’ of the First Schedule Of the Central Civil Services (Revised Pay) Rules, 2008 which provides for entry pay in the revised pay Structure (pay structure effective from 1.1.2006 up to 31.12.2015) for direct recruits appointed on or after 1.1.2006 on a post and to say that pay in respect of persons appointed to the same posts before 1.1.2006 is required to be fixed as on 1.1.2006 under Rule 7 (1)(A)(i) and pay in respect persons appointed on the same post on promotion on or after 1.1.2006 is required to be fixed under Rule 13 thereof

2. A number of references were received in Ministry of Finance, Department of Expenditure, stating that the pay of seniors of a post was fixed at a stage lower than the entry pay applicable to the persons appointed on direct recruitment basis on that post on or after 1.1.2006. In such cases, stepping of pay was allowed to the senior employee at par with the entry pay of direct recruits of those posts, subject to the conditions, inter-alia, that stepping up of pay of seniors is applicable only in those cases which have an element of direct recruitment and where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, the stepping up of pay of senior employees was admissible from the date a junior direct recruit joined on or after 1.1.2006

3. The matter was also considered in the meeting of the National Anomaly Committee (NAC) held on 17.7.2012 based on a demand raised by the Staff Side under the JCM NAC had recommended that in cases where Recruitment Rules provide for direct recruitment, then the Stepping up of pay of senior may be considered, even if no actual direct recruitment takes place or no direct recruit has actually joined. However, it was decided that stepping up of the pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, stepping up of pay was dependent upon actual joining of a direct recruit.

4. Trained Graduate Teachers (TGTs) of the Government of National Capital Territories of Delhi (GNCTD) filed OA No. 3217/2014 before the Honble Bench of CAT. The 13 petitioners of the post of Trained Graduate Teachers (TGT) those who were appointed as TGT before 1.1.2006 as also those who were promoted to the post of TGT on or after 1.1.2006. The pay of these 13 employees had been fixed as per the relevant provisions of the CCS(RP) Rules, 2008 and the happened to be lower than the entry pay as applicable to direct recruits of the post of TGT appointed on or after 1.1.2006. These petitioners prayed for re-fixing their pay as applicable to direct recruits appointed on or after 1.1.2006.

5. The Hon’ble Principal Bench of CAT in their order dated 4.4.2016 in OA allowed the application and directed the Government to ensure that of the applicant’s pay is fixed at a stage lower than the which could be drawn by a direct recruit appointed on or after 1.1.2006. The order of Hon’ble CAT dated 4.4.2016 was upheld by the Hon’ble Delhi High Court in terms of their order dated 23.3.2017 in WP(C ) No.2634/2017. The Honble Delhi High Court in its order dated 23.3.2017 observed, that the plea of stepping up of pay, as mentioned in para 2 above, means the direct recruits should actually joined before any stepping up of pay be granted and the date of joining would be different as filling up of direct recruit vacancies in the cadre would vacancy position, selection etc. The Honble Delhi High held that this was unacceptable.

6. The arising out of the order of Honble Delhi High Court dated 23.3.2017 was heard by the Hon’ble Supreme Court as part of the SLP and in its order dated 01.09.2017 (by. No. 23663/2017), the Honble Supreme Court has observed that once the question, in principle. has been settled. it is only appropriate on the part Of the Government to issue a Circular. The Honble Supreme Court further observed that the present situation is that the stepping up is available only to those who have approached the Court, but since the issue other-wise became final, the Honble Supreme Court directed Government to immediately look into the matter and issue appropriate orders.

7. Accordingly, the matter has been considered in the light of the above background and in the context of the specific orders of Hon’ble Supreme Court dated 01.09.2017 as arising out of the origiml issue raised by the Trained Graduated Teachers of GNCTD in terms of their OA No. 3217/2014. AS mentioned above, the petitioners in that case were those who were appointed as TGT before 1.1.2006 and also promoted as TGT on or after 1.1.2006, and had occasion for grievance because their in the pay structure in vogue from 1.1.2006 had been fixed lower than the entry pay as prescribed for direct recruits appointed as TGT on or after 1.1.2006. Therefore. the principle of the benefit of pay fixation, as flowing from the aforesaid orders of Hon’ble CAT, Hon’ble Delhi High Court and the Hon’ble Supreme Court, is that the pay of those who were appointed to the post prior to 1.1.2006 and those who were appointed to the post on promotion in the pay structure effective from 1.1.2006 onwards, and where in respect of such posts entry pay for direct recruits appointed on or after 1.1.2006 has been prescribed giving rise to differential pay, may not be lower than the said entry pay. It is the case of differential pay in respect of employees of a post, as caused by the existence of entry pay applicable for direct recruits on that post appointed on or after 1.12006, that has been addressed in the aforesaid case of the post of TGTs. In case entry pay as per Section 11 of Part A of the First Schedule of the CCS(RP) Rules, 2008 is not applicable in case of a post, the same will not give rise to differential pay for holders of the post and, hence, not covered under the ratio of the case of TGT.

8. Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section 11 of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay. as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

9.In their application to the employees of office of Indian Audits and Accounts Department. these orders issue after consultation with the Comptroller and Auditor General Of India.

10.Hindi version of these orders is attached

sd/-
(Amar Nath Singh)
Director

view order

Source: https://www.doe.gov.in/

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Next Meeting of National Anomaly Committee to be held on 17.7.2018

Staff Side
Meeting Notice

F.No.11/2/2016-JCA(Pt)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
Establishment (JCA-2) Section

North Block, New Delhi
Dated July 13, 2018

Meeting Notice

Subject: Meeting of the National Anomaly Committee – regarding

The next meeting of National Anomaly Committee under the Chairmanship of Secretary (P) is scheduled to be held on 17.07.2018 (Tuesday) at 11.00 A.M. in Room No.119, North Block, New Delhi.

2. Kindly make it convenient to attend the meeting.

sd/-
(Juglal Singh)
Deputy Secretary (JCA)

To
All Members of the National Anomaly Committee of National Council (JCM) – (As per list attached)

Source: Confederation

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Minutes of the Meeting held on 11.01.2018 to discuss the admissibility of the agenda items received from the Staff Side, NC (JCM) for discussion in the National Anomaly Committee (NAC) for the 7th Central Pay Commission

F.No.11/2/2016-JCA-I(Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel Training

North Block, New Delhi
Dated: 16 February, 2018

To
Shri Shiv Gopal Mishra
Secretary, Staff-Side
National Council (Staff Side)
Joint Consultative Machinery for, Central Government Employees
13-C, Ferozeshah Road, New Delhi-110001

Subject: Minutes of the Meeting held on 11.01.2018 to discuss the admissibility of the agenda items received from the Staff Side, NC (JCM) for discussion in the National Anomaly Committee (NAC) for the 7th Central Pay Commission.

Sir,
Please find enclosed a copy of the Minutes of the meeting held under the Chairmanship of Joint Secretary (Establishment) on Thursday the 11th January, 2018 at 1500 hours in Room No. 190, conference Room, North Block, New Delhi with the representatives of Staff Side, NC(JCM) for information and necessary action.

2. As per discussion in the above meeting, Staff Side may please reconsider their views on Item No. 7. A copy of the recording during the meeting enclosed for perusual.

Yours faithfully,
(D.K. Sengupta)
Deputy Secretary to the Government of India
Tel. 23040255

MINUTES OF THE MEETING HELD ON 11.01.2018 TO DISCUSS THE ADMISSIBILITY OF THE AGENDA ITEMS RECEIVED FROM THE STAFF SIDE FOR DISCUSSION IN THE NATIONAL ANOMALY COMMITTEE (NAC) FOR THE 7TH CENTRAL PAY COMMISSION

A meeting was held under the chairmanship of Shri G.D. Tripathi, Joint Secretary (Establishment), Department of Personnel & Training with the representatives of Staff Side of the National Anomaly Committee and senior officers from the other Ministries/Departments concerned at 3.00 p.m. on 11.01.2018 in Room No. 190, North Block, DoPT, New Delhi to consider the admissibility of the 18 itmes of anomaly forwarded by the Staff-Side of the National Council of JCM for settlement through discussion at the NAC constituted after the Seventh Central Pay Commission. The list of participants is at Annexure.

2. The Chairman welcomed the representatives of the Staff-Side of the National Anomaly Committee and asked Deputy Secretary (JCA) to briefly inform the participants the purpose for convening this meeting.

3. Deputy Secretary (JCA) informed that following the acceptance of the recommendations – to the extent they have been – of the 7th Central Pay Commission by the Government, the National Anomaly Committee has been constituted by DoPT. Subsequently, on receipt of a representation from the Staff Side, NC(JCM), the definition of what would constitute an anomaly has been revised and notified. Therefore, as per the revised scope of definition, anomaly will include the following 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 Seventh Central Pay Commission itself without the Commission assigning any reason;

b) Where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure as notified vide CCS(RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules;

c) Where the Official side and the Staff Side are of the opinion that the vertical and horizontal relativities have been disturbed as a result of the 7th Central Pay Commission to give rise to anomalous situation.

4. Deputy Secretary (JCA) mentioned that a letter dated 16.08.2017 had been received from Secretary, Staff-Side proposing to discuss 15 items in the National Anomaly Committee (NAC). Subsequently, another letter dated 31.08.2017 was also received proposing 3 additional items. On examining these 18 items against the three (03) yardsticks as stated in para-3 above, it was felt that while some agenda items clearly fall within the definition of ‘anomaly’, there are a few which cannot be termed ‘anomaly’ as such, bordering more, as they are, on the side of ‘demands’. There are a few more which apparently by virtue of affecting the interests of one Department should rather be taken up at the Departmental Anomaly Committee. On sharing the findings of this Preliminary examination with the Secretary, Staff-Side, a communication was received from him suggesting inter-alia, besides giving their own reasons for retaining the same agenda – except one item – for the NAC deliberations, that a meeting be convened to discuss and finalize the items so as to to avoid delay in convening the NAC meeting.

5. The Chairman then requested the leader of the Staff-Side and other members to put across their points of view on the issue.

6. The Leader, Staff-Side, thanked the Chairman for convening the meeting at the suggestion of Secretary, Staff-Side and initiated the discussion by emphasising that the next meeting of the National Council under the Chairmanship of Cabinet Secretary should be held urgently as more than 7 years have passed since the last such meeting was held. He referred to the background against which the JCM scheme has been institutionalized and stressed that the purpose of JCM is to avoid confrontation between the Government and its employees. He requested that the sentiments of the Staff-Side may be conveyed to the Cabinet Secretary so that the meeting of the National Council, JCM may be held without any further delay. He also suggested that the Cabinet Secretary should meet the Standing Committee of the National Council, JCM soon after the Republic Day celebrations so that the deliberations can be be held on all pending issues. The Leader, Staff-Side further stated that there are many issues arising out of the 7th Central Pay Commission’s recommendations which are still to be settled to the satisfaction of the Staff-Side. He particularly mentioned about the recommendations relating to New Pension Scheme, Minimum Pay, Fitment Formula, etc.

7. Secretary, Staff-Side also expressed similar views about lack of interaction between the Official-Side and the Staff-Side. He mentioned that the institutions of JCM machinery has become defunct and stated that the meetings of the Standing Committee and the National Council, JCM should be called without any further delay. He also mentioned that the Group of Ministers had met the staff representatives and given some assurances for favourable consideration regarding the Minimum Pay and Fitment Formula. But even after 1-1/2 years, no decision has been conveyed by the Government. He regretted that inspite of the report submitted by NPS Committee, nothing fruitful has been done for bringing new pensioners under defined and guaranteed pension scheme. He stated that based on the assurance given by the group of Ministers, the Staff Side had deferred the call for strike but now it is getting very difficult for them to control the resentments of the staff. He stressed the need for frequent interactions so that each side can appreciate the other’s views. He also mentioned that no decision has yet been conveyed on the 6th CPC related unresolved anomalies which, the Staff-Side feels, should be sent for arbitration as the Staff-Side has recorded its dissatisfaction on them.

(Action: D/o Pension & JCA Division, DoPT)

8. The Staff-Side members representing M/o Defence stated that they are on a hunger fast joining with the 4 lakhs Defence Civilian Employees to protest against the various decisions taken by Ministry of Defence against their interest. They lodged their protest aginst what they called ‘arbitary’ policy decisions made by the Government about outsourcing of jobs hitherto done in the ordince factories, converting Army Base Workshops to GOCO Model, closure of Station Workshops, Military Farms and Depots under Army Headquarters thereby rendering 31,000 Employees surplus including 9000 employees of Military Engineer Service, granting Uniform Allowance to the soldiers by stopping the practice of getting them stitched through almost 12000 Employees in 5 Ordnance Factories etc. This is against the assurance given by the Defence Ministry in the past to the Staff Side that the jobs being perfomed by ordnance factories would be outsourced. They also protested against the violation of the direction of Cabinet Secretary by the Ministry of Defence in that the Staff Side has not been consulted before deciding on outsourcing, closure, merger, declaring manpower surplus etc. They demanded that MoD may be directed to immediately hold discussions with the Staff Side and settle the issues in the interst of the Defence Industry and its employees

(Action: M/o Defence)

9. The Staff Side also raised the following issues:-
a) The demand of the Staff Side for extension of the date of option for switching over to 7th CPC Pay Scales from a date on which the employee got promotion/MACP is not yet settled. Necessary instructions may be issued in this regard.

(Action: Establishment Division, DoPT)

b) The Report of the NPS Committee even though submitted to the Government in August, 2017 the Staff Side is not yet given a copy of the same. The same may be given to the Staff Side and a meeting may also be held with the Staff Side by the Government before taking any decision on the recommendations of the NPS Committee.

(Action: D/o P & PW)

c) The Staff Side also pointed out what they felt arbitrariness of the decision of the Government to close down the various printing presses without even holding any discussion with the Staff Side. The employees have been asked to immediately get themselves, relived and join at faraway places. They added that assurances were given by the Cabinet Secretary at the National Council that the Government would discuss the problems faced by the staff and resolve the same in all cases when the Government decides to wind up any of its functions.

(Action: M/o Urban Development)

10. The Chairman stated that he has taken note of all the concerns expressed by the Leader, Staff-Side, Secretary Staff-Side and the other representatives of the Staff-Side. He stated that the work on finalizing the comments on the Agenda for the meeting with the National Council, JCM has been going on and another two weeks would be required to finalize the comments and thereafter the convenience of the Cabinet Secretary would be sought so that the meeting of the Standing Committee can be held in the month of February, 2018. He stated that the purpose of today’s meeting was to familiarize with the issues as well as to arrive at a mutually agreed decisions as to which of them should be taken up for discussion and settlement at the NAC so that the first meeting can be convened at the earliest. He further emphasised that the items on which the Government, has held a view different from that of the 7th CPC would not be taken up for discussion at the NAC since the Government decisions on them are well-thought-out and conscious ones. However, where there is a disagreement between what has been recommended and what the 7th CPC should have recommended as part of its policy/principles would figure in NAC discussion.

11. It was seen that there are seven (7) proposed items which clearly fall within the definition of ‘Anomaly’. At the conclusion of the discussions, the following was agreed to in respect of the remaining eleven (11) items:

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Government is planning to abolish the system of formation of Pay Commission in future?

Central Government replied that there is no such proposal at present under consideration.

In Lok Sabha on 5th January 2018, A Hon’ble member asked some questions about the Pay Commission and DA Merger as follows…

(a) whether the National Anomaly Committee (NAC) under the 7th Central Pay Commission has submitted its interim report, if so, the details thereof;
(b) whether the Government is planning to abolish the system of formation of Pay Commission in future, if so, the details thereof and the reasons therefor;
(c) whether the Government is considering to adjust the salaries of its employees and pensioners Dearness Allowance (DA) that crosses the 50 per cent mark, if so, the details thereof and if not, the reasons therefor; and
(d) whether the Department of Expenditure planning to take the responsibility to regularly monitor salaries and allowances of central government employees and recommend the changes if needed, if so, the details thereof and the reasons therefor?

The Minister of State for Finance Shri P.Radhakrishnan replied that the National Anomaly Committee set up by the Department of Personnel & Training in August, 2016 following the decision of the Government on the recommendations of the 7th Central Pay Commission has not yet met.

(b) to (d): No such proposals are at present under consideration.

Source: 90Paisa Blog

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Item — 6 – GRANT OF INCREMENT TO THOSE WHO HAVE COMPLETED ONE YEAR SERVICE ON THE DAY OF SUPERANNUATION.

The demand for grant of one increment to those officials who have completed one year in service on the day of Superannuation (on 30th June/31st December) was not accepted on the technical plea that completion of one year on the stipulated dates of 30th June and 31st December will come into effect only when the day is over and on the next day the official will not be on duty due to retirement. For drawal of increment one has to be on duty. The fact that the official has completed one year is undisputed. As such an anomalous situation arises in the case of those Government servants who retires after completion of one year service on 30th June and 31st December, as the case may be, in spite of the fact that they have completed one year of service which are countable for increment, had the official be in service on 1st July and 1st January.

In order to set right this genuine anomaly, the Government of Tamilnadu has issued an order vide GOM No. 311 dated 31.12.2014. As per that order, a Government servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules may be sanctioned with one notional increment at the prescribed eligible rate, purely for the purpose of pensionary benefits and not for any other purpose.

It is submitted that the anomaly existing in Central Government Services may be rectified by issuing a similar order as above.

Source: http://confederationhq.blogspot.in/

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