4th Meeting of National Anomaly Committee

Flash News : Meeting of National Anomaly Committee.

The next meeting of National Anomaly Committee will be held on 5th January, 2012.

The last, third meeting of National Anomaly Committee held on 15th February 2011 in Room No.119, North Block, New Delhi under the Chairmanship of Secretary (Personnel). The list of participants who attended the third meeting of the National Anomaly Committee as follows...

Feedback on the 3rd meeting of the National Anomaly Committee

All India Railwaymen's Federation General Secretary Mr.Shiva Gopal Mishra has published about the outcome of the National Anomaly Committee Meeting in his website. We have
reproduced full text of the contents for your information here...

Feedback on the 3rd meeting of the National Anomaly Committee

3rd meeting of the National Anomaly Committee was held yesterday, i.e. on 15th February, 2011 under the chairmanship of Secretary(P), DoPT(Government of India), wherein the following
deliberations were made.

Though we know that no substantial relief has been given, but we hope for some outcome in the meetings likely to be held in future.

Two issues which are very important from our point of view - one is increment from January for those who falls between February and June was virtually rejected by the Ministry of Finance(Expenditure) but yesterday we again raised this issue, and after prolonged discussions, the Secretary, DoP&T had agreed to review the matter. An indication has also been given that if Staff Side agrees for one time exemption, then the issue can be resolved.

We also raised the issue of MACP Scheme, particularly abolition of GP Rs.2000. The Jt. Secretary(Estt.) stated that we would hold another round of discussions before finalizing the issues related to MACP Scheme.

During my opening remarks, though it was out of agenda, I raised the issue of early finalization of items of Departmental Anomaly Committee which are pending with the MoF(Exp). I stated that the Departmental Anomaly Committee of Railways had sent unanimous recommendations on various items to MoF(Exp.). More than nine months have passed and these issues are still pending with the MoF and the Railwaymen are feeling lot of frustration and therefore these need immediate redressal.

Though orders for Cadre Restructuring have been issued by the DoP&T vide O.M.No.35034/9/2010-Estt.(D) dated 10th February, 2011, we raised the issue that Matching Savings is not possible in the case of Railways. The President/AIRF and Secretary, NC/JCM(Staff Side) also emphasized on the issue and stated that in the Safety Categories, Railways cannot give Matching Savings. Therefore, for Cadre Restructuring, Matching Savings should not be insisted upon. It has been agreed by the Jt.Secretary(Pers.) that if reference comes from the Railways, that would be considered favorable.


Apart from the above issues, we also discussed agenda items which were not discussed so far in the National Anomaly Committee.

Item No.11: Grant revised allowances w.e.f. 1.1.2006 - Staff Side will give list of allowances. Thereafter, it will be discussed.

Item No.12 & 13: Transport Allowance - Staff Side will supply details. Thereafter, it will be examined.

Item No.14: Revision of existing allowances which are to be withdrawn and replaced by new schemes - If Insurance Scheme is not finalized within six months in consultation with the Staff
Side, Risk Allowance and Patient Care Allowance will be doubled.

Item No.20: Daily Allowance on tour: - Orders have been issued for Geological Survey of India and Ground Water Board.

Item No.28: - Grant of GP Rs.5400 in PB-2 for Astt. Accounts/Audit Officers - Will be taken-up separately with the Jt. Secretary(Pers.) and Estt.

Item No.29 and 30: Revision of Base Index for DA and Benchmark in AICPIN Scheme for grant of DA/DR w.e.f. 1.1.2006 on CPC VI level pay/pension restructuring - Staff Side will give list which will be examined by the Jt. Secretary(Pers.)

Item No.31: Child Care Leave in respect of Central Government Women Employees as a result of Sixth Pay Commission report - It will be looked into for Defence Employees.

Item No.37: Waiver of recovery of higher DA/DR drawn during the period from 1.1.2006 to 31.8.2006 - Not Agreed.

Item No.38: Anomaly in fixing grade pay -= Deferred.

Item No.39: Anomaly due to not applying uniformly the multiplication factor of 1.86 in fixing the minimum pay in all the revised pay bands applying different - Unresolved.

Item No.40: Grant of notional increment as may be due on the first day of July following the superannuation/death in service for computation of emoluments/average emoluments for pensioner benefits - Not Anomaly.

Item No.41: Fixation of pay on promotion to a post carrying the same grade pay - Staff Side stated that the issue of Additional Allowance to the Running Staff has been raised. Where it has
been emphasized that since DA has already been given on Additional Allowance, other benefits should also be given on Additional Allowance to give proper relief to the Running Staff. For other categories, e.g. ASM to SM in the same grade pay or MCM to JE in the same grade pay since their responsibility increases, therefore, in all fairness, and increment must be given while fixing pay. Official Side asked the Railways to submit the list, so that decision can be taken. Staff Side mentioned that since this issue belongs to Railways only, therefore, powers should be delegated to the Railways as has been done earlier. Official Side mentioned that since the issue has already under reference to National Anomaly Committee, Railways will be asked to submit the list. Thereafter, decision will be taken at an earliest.

Item No.43: Anomaly in the pay scale/pay band and grade pay of Library Information Assistants - Already finalized.

Item No.44 : Before the 6th Pay Commission, there were 3 HAG scales of pay - Under review.

Item No.45: Anomaly in pension of those in receipt of stagnation increments in pre-revised pay scales - Official Side agreed to consider the cases where someone had stagnated beyond one
year in the pre-revised scale.

Item No. 46 and 49 - Disparity in pay scales and status of officers in stenographers cadre and Anomalies in the matter of pay scales of stenographers - Will be examined.

Item No.50: Anomalies in the pay scales of official language staff - Since the issue of Rajbhasha Staff has been sent to Ministry of Finance(Exp.) Official Side agreed to send its approval at an earliest.

Item No.51: Assigning higher grade pay of Rs.4600 to Administrative Officer Gr.III and Private Secretary in Subordinate Offices - Resolved.


Courtesy : AIRF

The outcome of National Anomaly Committee meeting

National Anomaly Committee meeting - Decisions & Discussions

The Secretary General of confederation has published the outcome of discussion on each issue...


The third meeting of the National Anomaly Committee was held on 15/02/2011. The following items were taken up for discussion. No final decision on any item could be arrived at. It was more or less an exercise to understand the points of view of both sides on these items. We shall in our next communication indicate the outcome of discussion on each item.

Item Nos. 11, 12&13, 14, 20, 28,29&30, 31,37, 38,39, 40, 41, 43, 44, 45, 46, 49, 50 and 51.

During the discussion the Staff brought to the notice of the official side that the issues pertaining to the employees of Andaman and Nicobar islands, which were taken out of the agenda on the plea that the same would be discussed separately by a Committee to be set up by the Andaman Administration have not been settled. The NGO Association of A & N Islands have brought to the notice of the staff side that the A & N Administration has not taken any steps to resolve the problems even though similar issues pertaining to the employees of Pondicherry and Delhi were settled. The Official side has promised to take up the issue with the concerned in the Home Ministry to ensure that the issues are addressed expeditiously.

The official side has in the Action Taken State has indicated their inability to concede the demand raised by the Staff Side on the following two issues.

(a) Grant of increment in the case of employees whose increment falls between Feb and June. 2006.

(b) Fixing the pay of the promotees on par with the Direct recruits.

Though these issues were not discussed, the Staff Side has said that a resolution to them are urgently needed .

The official side has requested the Staff Side to indicate the items on which further discussions are needed; further details are required; and alternative suggestions could be made within 10 days so that the next and final meeting of the Committee could be convened before 31st March, 2011. It was also decided that the sub-committee of the MACP related issued will meet once again and their report submitted to the NAC .


Source: http://confederationhq.blogspot.com/

New Agenda item for discussion in the Meeting of the National Anomaly Committee

No.18/7/2010-JCA
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(JCA Section)

North Block, New Delhi
Dated the 17^th January, 2011

OFFICE MEMORANDUM

Subject:    New Agenda item for discussion in the Meeting of the National Anomaly Committee.

      The Hon'ble High Court of Madras in its order dated 10.9.2009 in Writ Petition No.21367/2004 (grievances of Drivers and Artisans in the Postal Department with regard to anomaly in fixing pay since 4th Central Pay Commission followed by directorate dated15.12.2010 in Contempt Petition No.1371/2010 has directed that the matter may be referred to the National Anomaly Committee for its consideration and passing appropriate orders. Accordingly, Department of Posts has forwarded detailed Agenda Note on examination of the Claim of the cadre of Drivers deployed in Department of Posts for grant of pay scale equal to that of Postal Assistants working in the same Department in pursuance to direction of Hon'ble High Court of Madras.

      'In view of the position mentioned above, Secretary (P) in her capacity as the Chairperson of the Anomaly Committee has approved inclusion of the matter in the Agenda of the National Anomaly Committee. It is likely that this issue will be discussed in the next meeting of the National Anomaly Committee to be held in near future. A copy of the Agenda Note forwarded by the Department of Posts is enclosed for information and perusal please.

(Dinesh Kapita)
Director (JCA)

AGENDA NOTE

ISSUE :

EXAMINATIN OF THE CLAIM OF THE CADRE OF DRIVERS DEPLOYED IN DEPARTMENT OF POSTS FOR PAY SCALE EQUAL TO THAT OF POSTAL ASSISTANTS WORKING IN THE SAME DEPARTMENT IN PURSUANCE TO DIRECTIONS OF HON'BLE HIGH COURT OF MADRAS IN JUDGEMENT DATED 10.09.2009 IN WP NO.21367/2004 FOLLOWED BY DIRECTIONS DATED 15.12.2010 IN CONTEMPT PETITION NO.1371/2010

GROUNDA :

1.      Consequent upon implementation of 5th CPC recommendations, the cadre of Drivers deployed in Department of Posts in Mail Motor Services and other subordinate offices was placed in the scale of Rs.3050-4590. Their earlier scale as per 4th CPC recommendation was Rs.950-1500.

2.      The Association representing the Drivers and Artisans submitted representation dated 20.08.2001 and 12.12.2001 to the Department of Posts that their cadre placed at the minimum of the pay scale equivalent to Postal Assistants in 1^st CPC, 2^nd CPC and 3^rd CPC. Their argument was that in the 4th CPC they were given the minimum of Rs.950-1500 whereas the Postal Assistants cadre was given Rs.975-1660. While implementing the 5th Pay Commission recommendations, they were placed in the scale of Rs.3050-4590 whereas Postal Assistants were given the scale of Rs.4000-6000 and further stated that there is a genuine anomaly while fixing the scale of Drivers. They also represented that the Postman cadre, which was always kept below their pay scale; was given a jump and equated with their scale of pay the 5th Pay Commission recommendations. The other argument was that they have to possess Heavy Vehicle License and to do exchange of bags containing valuables, cash, etc. and represented to the Hon'ble Minister for Communications for bringing the parity with Postal Assistants. All these submissions were examined and the Association was informed that the Central Pay Commission submitted the recommendations on pay scale after taking into account the specific requirements for each category of posts in terms of educational qualification, skill required, arduous nature of work undertaken and based on the composite view of the matter & also that the Drivers are part of common cadres in Central Government the question of any isolated examination of their pay scale confining to Department of Posts alone did not arise. This communication was sent to the Association on 07.02.2002.

3.      The Association filed an OA No.148/2003 before the Hon'ble Central Administrative Tribunal at Madras, which was dismissed observing that no sufficient material has been placed before them to record a specific finding as to whether there had been arbitrary, discriminatory and hostile discrimination made to the applicants in granting the pay scale. In no circumstances, the case of the Postal Assistants could be treated at par with Drivers.

4.      Aggreved by the CAT order, the Association further filed Writ Petition No.21367/2004 in the Hon'ble High Court at Madrs. The Court after examining the affidavit filed by the Department observed in Para No.8 of their judgement that "it is an admitted case that upto the Third Pay Commission, the pay of Drivers was equal to that of Postal Assistants. In the Fifth Pay Commission, the difference in the pay scale of Postal Assistants and Drivers was Rs.950/-. The case of the petitioners is that, their duties are more arduous; they have to carry insured bags registered post, parcel, speed posts and letters bags from various post offices situated in remote villages and drive through ruddy roads to catch the trains. The only reason given for fixing a higher pay to Postal Assistants is that they possess 10th standard qualification and having knowledge in computer. Though learned counsel appearing for the respondents submitted that common categories are common to all Central Government Departments and their recruitment rules and pay scales are also similar, yet the pay scale of postal Assistants and Drivers are different. The Drivers working in the Delhi Judicial service are getting a higher scale of pay. When the Central Government has prescribed 10th Standard as the qualification for Postal Assistants, the same qualification should have been fixed for the Drivers also, especially when the Drivers were getting an equal pay till the Fourth Pay Commission. This shows that definitely there is discrimination in pay scales among Postal Assistants and Drivers, ............In this case admittedly the scale of pay of Postal Assistants and Drivers was the same till the Fourth Pay Commission and thereafter parity in pay had arisen. This shows that the decision of the Government in fixing the pay scales of Postal Assistants and Drivers are patently irrational, unjust and prejudicial to a section of employees. Therefore we consider it appropriate to set aside the order under challenge and dispose of the writ petition with a direction to the respondents to refer the matter to the Anomaly Committee for its consideration and passing appropriate orders within a period of three months from the date of receipt of a copy of this order and if necessary, to afford an opportunity of hearing to the petitioners. ........."

5.      On receipt of this judgement, the Department sought extension of time for its examination till 30.06.2010. The Hon'ble High Court at Madras did not specifically direct for placing the matter before National Anomaly Committee. By the time of receipt of the Judgement, the Department had already constituted its Anomaly Committee for sorting out the anomalies that arose due to implementation of 6th Pay Commission recommendations pertaining to the Department. Since the parity had been sought with a cadre of Postal Assistants, which is exclusively specific to the Department, the Departmental Anomaly Committee (DAC) chose to examine this in its meetings held on 05.02.2010 and also on 16.04.2010 after giving an opportunity to the Association for presenting their case. The DAC observed that the parity sought is not falling under the ambit of definition of the term 'anomaly' defined by DOPT but recommended for taking u the case with Nodal Ministry for placing the Drivers on par with Postman Grade by giving Grade Pay of Rs.2000 outside the purview of Anomaly Committee.


6.      The proposal sent by Department of Posts to Department of Expenditure, Ministry of Finance through Department of Personnel & Training for placing the Drivers on par with Postman Grade by giving Grade pay of Rs.2000 did not find favour with by Ministry of Finance, Department of Expenditure. This was also conveyed to the Association. The Association filed a Contempt Petition in the Hon'ble High Court of Chennai alleging that there was a wanton disobedience in implementation of the order of the Hon'ble High Court. The Department filed a detailed affidavit rebutting their contentions raised in the Contempt directing the Additional Solicitor General in High Court for writing to the concerned Ministry for convening the meeting National Anomaly Committee for examination of the issue raised by the Association for bringing parity with the cadre of Postal Assistants in the Department of Posts.

7.      Therefore, the agenda before the National Anomaly Committee is for examination of the issue of providing Grade Pay of Rs.2400 to the Drivers deployed in Department of Posts at the initial entry on par with Postal Assistants.

National Anomaly Committee Meeting

Flash News from Secretary General of Confederation

National Anomaly Committee Meeting

Confederation General Secretary informs that the next Meeting of the National Anomaly Committee will be held on 15.02.2011.

We hope the following issues to be discussed in the meeting…

Employees whose date of increment is between Feb-June in Vth CPC issue…
Stepping up of pay of senior on par with the pay of higher pat granted to new entrants…
Health Insurance Scheme…


Source: cgstaffnews.com

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