Showing posts with label NC JCM. Show all posts
Showing posts with label NC JCM. Show all posts

Friday, March 02, 2018

Minutes of National Anomaly Committee Meeting

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel Training

North Block, New Delhi
Dated: 16 February, 2018


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.


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


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:
Item No.
Anomaly in computation of minimum wage
In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
3% Increment in all stages
In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
Remove Anomaly due to index rationalization
In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
Anomaly arising from the decision to reject option No.1 in pension fixation
Sent back to Staff-Side for reconsideration of its views
Minimum Pension
The Staff-Side will take up this issue with the Department of Pension & Pensioners Welfare separately. This will not be treated as an anomaly.
Date of effect of Allowances-HRA, Transport
Allowance, CEA etc
Thil will be taken up separately as an item in the Standing Committee meeting
Implement the recommendation on Parity in Pay Scale between Sr. Auditors / Sr. Accountant of 1A & AD and organized Accounts with Assistant Section Officer of CSS.
As this was already under examination in the Department of Personnel & Training it would not be taken up for
discussion in NAC at this stage. If it remains undecided at the later stage,
it will be included for discussion in NAC.
Parity in pay scales between Assistants/
Stenographers in field/ subordinate offices and Assistant Section Offices and Stenographers in CSS
The Staff-Side, NC (JCM) will provide additional details
Technical Supervisors of Railways
The Staff-Side, NC(JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Railways.
Anomaly in the assignment of replacement of Levels of pay in the Ministry of Defence, Railways, Mines etc in the case of Store Keepers.
The Staff-Side, NC (JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Defence. JCA Division will
write to Ministry of Defence in this regard.
Anomaly in the grant of DA instalment w.e.f.
In view of the response of Secretary, Staff-Side, the JCA Division will re-examine scales between Assistants/
12. The meeting concluded with a vote of thanks to the Chair.

Shri Shiv Gopal Misra
Shri G.D. Tripathi
Shri M. Raghavaiah,
Shri Amar Nath Singh
Shri Rakhal Das Gupta
Shri Harjit Singh
Shri J.R. Bhosle
Ms. Sujasha Choudhury
Shri Guman Singh
Ms. Nirmala Dev.
Shri C.Srikumar
Shri Jaya Kumar.G.
Shri K.K.N. Kutty
Shri A.K. Jain
Shri Sankara Rao
Shri Charanjit Taneja
Shri R. Srinivasan
Shri Rajeev Kumar Bahree
Shri R.P. Bhatnagar
Shri Ram Gopal

Sunday, February 04, 2018


General Budget 2018-19 – NCJCM Letter to Finance Minister



Dated: February 2, 2018

Hon’ble Finance Minister,
Ministry of Finance,
(Government of India),
North Block,
New Delhi

Respected Sir,

Sub: General Budget 2018-19

We hope that, standard deduction, up to Rs.40,000 in the Budget (2018-19) announcement, was provided to give some relief to the salaried class, but at the same time, there is serious resentment in the salaried class in general and the Central Government Employees in particular because of non-enhancement of limit of the Income Tax.

We were hopeful that, in this budget, the Central Government would provide Income Tax exemption, if not Rupees Five Lakh, definitely Four Lakh, but nothing has been done, which has resulted in desperation in the Government Employees. Moreover, Education Cess has been increased from 3% to 4%, which will further put additional tax burden on the salaried class. In such a situation standard deduction given by the government will definitely not going to help to any salaried employees.

Not only the above, Transport Allowance and Medical Reimbursement, used to exempt earlier, have also been stopped in this budget, has given another blow to the salaried class.

Since there is all-round resentment in the salaried class, it would be in all appropriateness if the Income Tax Exemption is enhanced to minimum Rupees Four Lakh.

Sir, Government Employees are also very eagerly awaiting for improvement in the Minimum Wage and Fitment Formula as well as announcement of the Guaranteed Pension to the employees covered under the National Pension System(NPS). These also need to be given top priority to keep industrial peace among the Government Employees.

It is also requested that, Transport Allowance and Medical Reimbursement, almost exempted from the Income Tax, should also remain exempted from the Income Tax, to give some relief to the government employees in distress.

With Kind Regards!

Sincerely yours

(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source : NCJCM

Monday, January 29, 2018



 Shiva Gopal Mishra
Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E.Mail :

No. NC-JCM-2017/Fin 
January 16,2018

The Secretary,
Department of Personnel & Training,
North Block,
New Delhi

Dear Sir,

Sub:- Item No. 2, 10 and 48 of the Joint Committee of MACP – Agenda items of the Standing Committee:

Kindly refer to the above all the three items, which were discussed together pertains to the date of effect of the MACP Scheme which was introduced by the Government on the basis of the recommendations of the 6th Central Pay Commission. The Staff Side demand to give effect to the revised promotional scheme from the date of the effect, the Report of the Commission itself i.e on 1.1.2006 was unfortunately not accepted by the official side and was not allowed to reach its logical conclusion i.e. either by an agreement or disagreement.

We now send herewith copy of the judgement of the Hon’ble Supreme Court in the matter vide W.P 3744 of 2016 dated 08/12/2017.

The Hon’ble apex court has categorically stated that the Govt’s decision to make the scheme effective prospectively was wrong and the scheme has to be implemented with effective from 1.1.2006 . We request that the Govt. may issue necessary orders making the MACP Scheme Effective from 1.1.2006 instead of 1.9.2008. While issuing such an order it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered from them in this connection.

Thanking you 

Yours faithfully, 
Shiva Gopal Mishra 


Tuesday, January 23, 2018

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Merger of the pre-revised pay scales of the promotional and feeder posts – NCJCM


Dated: January 18, 2018

The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi

Dear Sir,

Sub: Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.

Ref.: (i) Deptt. of Expenditure, MoF’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III(A) dated 16.10.2015

Through this missive, your kind attention is drawn towards Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule 13 of CCS(RP) Rules, 2008.

In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010.

Now, as per instruction of the Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008, in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and who opted 6th CPC w.e.f. 01.01.2006.

However, it has to come to our knowledge that, the benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as per the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant (RP) Rules, 2008 with effect from the date of promotional/financial upgradation instead of 01.01.2006 by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010(as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions in Deptt. of Expenditure’s OM dated 16.10.2015.

It has also come to our knowledge that, some of the Railways have made a reference on this issue seeking clarification regarding extending the benefit of the above mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP) Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this issue of revision of option to switch over to the 6th CPC in view of unforeseen events etc. to the Deptt. of Expenditure(Ministry of finance). Despite elapse of more than 12 months, no response has been received in this regard from Deptt. of Expenditure(Ministry of Finance) to resolve the genuine demands of these employees.

In this connection, it is stated that as these are the unforeseen developments or change of rule, the opportunity to revise option for fixation under the Rule of the CCS(RP) Rules, 2008 may be given to these employees in these conditions, as it is more beneficial for them as now. Had they were aware with the fact that any such benefit of pay fixation would be extended in future (as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015), they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates of promotion/financial upgradation as per the option provided vide Deptt. of Expenditure’s OM dated 05.07.2010.

In view of the above, you are requested to issue necessary clarifications in this regard to all the Ministries/Departments of the Government of India, so that, the aggrieved staff should get the opportunity to re-exercise their option under rule-6 of CCS(RP) Rule, 2008 to switch over to CCS(RP) Rules, 2008 w.e.f. 01.01.2006 and get the benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.

With Regards

Sincerely yours

(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source :

Thursday, December 14, 2017

, ,

NCJCM Meeting on 14th December 2017-NAC

No NAC/2017

Dated December 9 2017

Members of the Standing Committee
of NC/JCM(Staff Side)

Dear Comrades!

Sub: National Anomaly Committee

A reference has been received from the DoP&T (Government of India). wherein they have put an objection to our agenda we have submitted to the National Anomaly Committee.

To give them a proper reply, it would be in all appropriateness that Standing Committee Members of the National Council (JCM)(Staff Side), available in Delhi. should meet on 14th December, 2017 at 13:00 hrs. in JCM Office, 13-C, Ferozshah Road, New Delhi, to discuss and decide the strategy.

With Best Wishes!

Comradely yours
(Shiva Gopal Mishra)

Source :

Tuesday, December 05, 2017

, ,

Brief on the discussion with the CRB on date-AIRF

No.AIRF/24(C) Dated: December 1, 2017

The General Secretaries,
All Affiliated Unions,

Dear Comrades!

Sub: Brief on the discussion with the CRB on date

I met the CRB in the forenoon on date and had discussion on the following issues:-

1. Benchmarking for financial upgradation under MACPS consequent upon implementation of VII CPC – I explained the CRB that, prior to implementation of VII CPC recommendations, benchmarking for financial upgradation under MACPS, and that for regular promotion had been similar. With the implementation of higher benchmarking for financial upgradation under MACPS, there is serious resentment among the Railwaymen as majority of them is deprived of this legitimate benefit. The CRB assured to look into the matter on priority.

2. Appointment on Compassionate Ground of the wards/widows of the Railwaymen either died in harness or medically incapacitated – With the direct recruitment qualification for open market recruitment in erstwhile GP Rs.1800 having been upgraded to High School + ITI or Course Completed Act Apprenticeship, appointment on Compassionate Ground to those wards of the Railwaymen who are not in possession of this qualification is being denied. I had, therefore, raised this issue and the CRB has assured us that this issue shall also be dealt with on priority and the provision as existed earlier, i.e. placing them in -1S pay scale would be considered.

On the issue of Compassionate Ground Appointment, in general, the CRB said that, it would continue on Indian Railways on 1:1 basis.

3. Implementation of upgraded pay scales as recommended by the VII CPC to certain categories of Railwaymen – I had also discussed this issue with the CRB, explaining that the VII CPC has recommended upgraded pay scales to certain categories of Railwaymen, viz. SSO(A/Cs)/Sr. Travelling Inspector(A/Cs)/ Sr. Inspector(Stores A/Cs), Chemical & Metallurgical Asstt., Chemical & Metallurgical Supdt., Asstt. Chemist & Metallurgist, but the same are yet to be implemented, and the Ministry of Railways have unnecessarily referred the issue to the DoP&T, which is quite unfair and urged upon the CRB to implement the same without further delay. He also assured a positive action in the matter.

4. Absorption of Course Completed Act Apprentices in the Railways – AIRF has raised this issue many times, wherein we have requested that, the Apprentices who have completed their course before making quota of 20% should be regularized without subjecting them to any RRCs examination as has been done earlier with paper screening. The CRB assured that he would definitely do the needful and would try that this skilled workforce should join the Indian Railways at an earliest.

5. Improvement in the condition of Railway Quarters and Colonies – Regarding complaints pertaining to maintenance of railway quarters and colonies, I suggested the CRB to think on the subject out of the box. He appreciated the sincere suggestion given by me that, old railway colonies should be demolished and replaced with multi-storey railway colonies, equipped with lift, CCTVs, boundary etc., so that, the employees and their families, living therein, should feel secure. I also mentioned that, till they get proper railway quarter maintenance, the staff should be paid “Maintenance Allowance” for petty repairs, whitewash and painting etc.

This is for information and wide publicity.

Comradely yours,

(Shiva Gopal Mishra)
General Secretary

Source : AIRF

Friday, November 17, 2017

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Minimum Pay and Fitment Formula will not come under National Anomaly Committee-DOPT



During the last 2 – 3 months both print and electronic media are continuously reporting that increase in 7th CPC Minimum Pay and Fitment Factor is under serious consideration of the Govt. and National Anomaly Committee will give its recommendation to Govt. and orders for increased Minimum Pay and Fitment Formula will be given effect from April 2018. We are reproducing below a letter from Govt. dated 30.10.2017 addressed to Secretary, Staff Side , National Council JCM stating that the demand for increase in Minimum Pay and Fitment Formula will not come under the purview of National Anomaly Committee. Further Govt. has not yet constituted the HIGH LEVEL COMMITTEE for increasing Minimum Pay and Fitment Formula as assured by the Group of Ministers including Home Minister Sri Rajnath Singh, Finance Minister Shri Arun Jaitley on 30.06.2016. The so-called Senior Officers Committee has also not discussed this agenda even though staff Side has repeatedly demanded discussion and settlement as per the assurance given by Senior Cabinet Ministers. Now 17 months are over. 32 lakhs Central Govt. Employees and 33 lakhs Pensioners are being continuously betrayed by the NDA Govt.

M. Krishnan
Secretary General
Mob. & Whats App: 09447068125

Source : Confederation

Wednesday, November 01, 2017

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Railway Order : Minutes of DC / JCM meeting held on 23rd & 24th October, 2017


No. 2017/E(LR)I/JCM 2-1
Dated 25.10.2017

The General Secretary,
4, State Entry Road,
New Delhi 110 055.

The General Secretary,
3, Chelmsford Road,
New Delhi – 110 055.

Dear Sirs,

Sub: Minutes of the DC/JCM(Railways) meeting held on 23rd & 24th October, 2017.

Minutes of the above meeting is being put up on official website of this Ministry i.e. Copy of the minutes was also given to Staff Side during the meeting itself.

Yours faithfully,

Director.Estt (IR)

Minutes of meeting of DC/JCM held on 23-24 October 2017

DG(RHS)/ PED(Health)

12/2009: Recognition of hospitals and tie-ups for Neuro surgery patients on Central Railway.

As per the extant practice being followed by the Railways, private hospitals are empanelled as per CGHS rates. In the instant case, Jaslok Hospital, Mumbai is not willing to provide Neurosurgery treatment as per CGHS rates whereas there are other private hospitals available which are willing to provide Neurosurgery treatment as per CGHS rates and Railway has empanelled four such private hospitals i.e. (i) Surana Hospital, Chembur (2) Suraj Hospital, Sanapada (3) Balalji Hospital, Byculla and (4) Seven Hills Hospital, Mumbai. Four private hospitals empanelled for Neurosurgery treatment seems enough to cater the Neurosurgery cases needs of Central Railway.

On the insistence of the Staff side, it was agreed to review empanelment of Jaslok Hospital.

25/2009: Pre-medical Examination- Relaxation for Loco Pilots declared with Type II Diabetes.

Instructions issued vide Board’s letter No.2008/H/5/18 dt. 5.8.2016.


14/2010: Medical facilities to the staff working at the road side stations and ganghuts.

Instructions for reimbursement of Medical Claims will be reiterated within a fortnight. A separate meeting will be held with DG/RHS regarding provision of Mobile Medical Vans in all the Divisions.

27/2011: Issuance of incorrect Medical Certificates in the case of medically decategorised staff leading to avoidable problems and denial of compassionate appointment (other officer concerned – EDE/N).

Issue will be re-examined.


17/2009: Arbitrary cancellation of norms for non-gazetted categories of Signalling Staff (Group ‘C’ & ‘D’) – S&T Department.

The issue was discussed threadbare and it was also explained by the official side that around 56,000 more posts will be required as per the yardstick. It was agreed to hold a separate meeting of the Staff Side with Board(MS & FC) at the earliest.


4/2009: Provision of ACs in the UTS machine offices on the suburban section.

It was agreed to call for the status from GMs, Central & Western Railway.

9/2011: Scale of electrical fittings for staff quarters – Provision for installing airconditioners in residential quarters.

It was agreed to hold a separate meeting of the Staff Side with AM(Elect.).

4/2012: Line Box for Loco Pilot and Guard – Revision of cost – Reg.

Matter is under process for upwardly revising the cost.

30/2012: Improvement in the conditions of Running Rooms and Rest Houses.

After discussions, it was decided that there will be a Joint Committee including representatives from both Federations. EDME(Tr.) will take necessary action for formation of this committee which shall examine the condition of the Running Rooms vis-a-vis the recommendations of EDs’ Committee.

29/2011: Filling-up posts of Loco Inspectors and Power Controllers/Crew Controllers – Modification thereof (EDPC-I).

Discussed and finalised.



28/97: Yardstick for staff under Junior Engineer/ Section Engineer (Works).

AM(CE) stated that committee will be asked to expedite and submit their report by 31.01.2018.

46/2003: Additional workload on Keyman-Correction slip No.58 and 73 – Para 170(6) of IRPWM.

AM(CE) stated that committee will be asked to expedite and submit their report by 31.01.2018.

15/2012: Implementation of the report of the Committee on Trackmen.

The issue regarding restructuring of the posts of the Track Maintainers (10:20:20:50) is under process and is to be finalised by 31.12.2017.

24/2011: Provision of accommodation to Trackmen in Accident Relief Train.

Sitting space for nominated Track Maintainers has also been provided in NR and SECR. Sitting space has also been provided in 4 ARTs of NCR and 2 ARTs of WR. Further efforts will continue for providing similar facility in other zones.

17/2011: Implementation of Rest Rules for the staff of Track Machine Organization.

Instruction already exists and will be reiterated.

11/2012: Treatment of the cadre of the Cook as a regular cadre in the Track Machine Organization vis-a-vis extending the benefit of restructuring.

It was contended by the staff side that the cadre of the Cook in Track Machine Organization(TMO) has been treated as ex-cadre. Official side agreed to examine the issue of encadrement of TMO Cooks so that they can have better promotion avenue.

40/2001: Arbitrary reduction of incentives bonus to SEs and SSEs – withdrawal of Board’s decision –urged.

After detailed discussion, it was decided that a separate meeting of Staff Side with Board(MRS, MS & FC) will be held at the earliest.

2/2005: Extension of Incentive Scheme in left-out shops/sections in Railway workshops/Production Units covered under CLW type Incentive Scheme.

The demand for incentive for Ajmer Diesel POH Workshop will be taken up for study in regard to existing workload and possible additional workload which may permit grant of incentive.

AM(Commercial)/ PED(Coaching)

5/2009: Reservation in the trains for Running Staff.

After detailed discussions, it was agreed that Coaching and Commercial Dte. will jointly address the problem and provide a workable solution.

AM(Commercial)/ EDPM

20/2010: Quantum of debits to be raised in case of missing PRS Ticket/Rolls.

Instructions have been reiterated jointly by Commercial and Accounts Directorates to all Zonal Railways vide letter No.2006/AC-II/45/10 dated 27.06.2016. Staff side raised that when the Alpha code is not printed by system mistake, debits should not be raised without enquiry. Official side explained that the main issue stands settled with the issue of the above

22/2010: Provision of adequate facilities for Ticket Checking Staff in the Rest Houses on the Zonal Railways.

Staff side requested for status report from all the zonal Railways which was agreed to. Staff Side also requested that policy instructions in the matter be reiterated which was also agreed to.


PED(Finance)/ EDF(E)

12/2005: Payment of Washing Allowance.
8/2011: Demands of the AC staff of the Indian Railways.

Instructions have been issued vide RBE No.141/2017 to the effect that consequent to the decision taken by the Government on the recommendations of the 7th CPC, these four allowances namely Washing allowance, kit maintenance allowance, uniform allowance and Shoe allowance have been subsumed into a single Dress Allowance. On other issues under Item No.8/2011, position will be furnished.


1/2011: Disciplinary proceedings arising out of Vigilance cases against Group ‘C’ and ‘D’ staff.

The matter was discussed. In some railways the adequacy of punishment is also being decided in consultation with Vigilance. Clarification will be issued on this aspect.


18/2010: Provision of Rest Rooms at wayside stations.

Out of total 1647 identified stations, 396 stations have been provided Rest Rooms. Number of stations where work is in progress is 63 and number of stations where work has been proposed is 266. Latest status report shall be provided to the Staff Side.


26/2010: Special Duty Allowance – Exemption sought for from the purview of Income Tax.

The matter has been referred to the Ministry of Finance vide Board’s OM No.F(X)I-2009/ 23/6 dated 24.09.2012. Reply from Ministry of Finance is still awaited despite reminders, the latest of which was sent on 04.09.2017. Staff side requested for copies of references made which was provided in the meeting itself.

13/2012: Refund of Income Tax deducted from the salary of Running Staff.

Mechanism for refund of excess income tax has been prescribed in Sec.237 & 238 of the Income Tax Act 1961. It was however agreed to issue instructions to the Zonal Railways etc. in the matter.


24/2012: Exemption of Transport Allowance from the purview of Income Tax – Enhancement of exemption limit from 800 to 3200 plus D.A. thereon.

Ministry of Finance (CBDT) vide Notification No.39/2015/F.NO.142/02/2015-TPL dated 13.04.2015 have revised the exemption limits regarding Transport Allowance w.e.f. 01.04.2015.



7/2006: Promotion against vacant posts in the diminishing cadres-Relaxation of extant policy – Requested.

Discussed and finalised.



26/2007: Introduction of objective type question in the written test held as part of selection for promotion to posts classified as ‘Selection’ – extending the provision of 50% objective type questions for selection from group ‘C’ to ‘B’ posts.

Staff Side stated that in the written test for selection from Group ‘C’ to Group ‘B’ posts, atleast 50% of the questions need to be objective type. It was agreed to examine the issue. 16/2011: Strengthening of Legal Cadre in the Railways.
Discussed and finalised.



14/2007: Fixation of pay under Rule 1313(1)(A)(1) (erstwhile FR 22 C) to the staff promoted to the identical scales of pay carrying higher duties and responsibilities.

Ministry of Finance’s OM No.F-2-1/2015-E.III(A) dated 16.10.2015 has been adopted by Ministry of Railways on mutatis-mutandis basis vide Railway Board vide letter No.PCVI/2015/IC/I dated 08.04.2016. Clarification on some of the issues raised by Staff Side, Zonal Railways/ PUs has also been issued vide letter dated 19.09.2017.


26/2009: Merger of upgraded group ‘D’ posts in pay scale of 3050-4590 (Group ‘C’) of Diesel/ Elect. Loco/EMU Sheds in Technician III cadre.

Position explained in detail. Staff Side insisted to have fresh look.


33/98: Provision of adequate percentage of leave reserve for group ‘D’ employees.

After discussion, it was agreed that detailed data (on a format furnished by Staff Side) from Zonal Railways will be gathered for further action on the matter.
Items listed for discussionItems discussedItems could not be discussed for want of timeItems finalisedBalance

Thursday, October 26, 2017

, , ,

National Pension System(NPS) issue is under active consideration of the Government of India

Shiva Gopal Mishra

National council (staff Side)
Joint Consultative Machinery for
Central Government Employees
13-C, Ferozshah Road, New Delhi-110001
E-Mail :


Dated: October 24, 2017

All Constituents of National Council(JCM)

Sub: Brief of the meeting held today with the Cabinet Secretary (Government of India)

Today I met the Cabinet Secretary(Government of India) and shown oru anguish for inordinate delay in finalzation of demands of the Central Government Employees, particularly National Pension System (NPS), Minimum Wage and Fitment Formula.

The Cabinet Secretary said that, he is aware of the problems of the Staff Side(JCM) raised by them from time to time and particularly to this issue and will definitely try to resolve them

Particularly on the issue of National Pension System(NPS) he said that the issue active consideration of the Government of India and we are trying to find out some solution to the problems arisen because of the NPS.

I also persuaded him to fix-up date of the meeting of the National Council(JCM), to which he said that, the agenda came, and some queries have been raised, which are still to be compiled by the DoP&T. He assured that, he will definitely fix-up the date of the meeting within a short period, and said that, before that, he will ask the Secretary(DoP&T) to hold meeting with the Staff Side.

I told to the Cabinet Secretary that, Central Government Employees are agitated because they feel that VII CPC has not done and justice with them and government is also ready to remove the issues pending before them.

This is for your information.

with Faternal Greetings!

Comradely yours,
(Shiva Gopal Mishra)

Sunday, October 22, 2017


DOPT : Minutes of the Meeting of the Standing Committee held between staff side and Official side at 3.00p.m. on 03.05.2017


The meeting of the Standing Committee of the National Council (JCM) was held at 3.00 p.m. on 03.05.2017 under the Chairmanship of Secretary (P) at Room No. 119, North Block, New Delhi. The list of participants is at Annexure.

2. In his introductory comments, Secretary(Personnel) while welcoming the participants, mentioned that the agenda for the meeting included the action taken statement on the 31 items discussed in the last meeting held on 25.10.2016 and 26 additional items received from the Staff Side.

3.(i) In his opening remarks, Secretary, Staff-Side thanked the Chairman for convening the meeting and urged that as per the JCM Scheme, the meetings of the National Council should be held on quarterly basis. He also pointed out that the meeting of the National Council under the Chairmanship of Cabinet Secretary has not been held since 2010 which, he emphasized, was against the spirit and the basic principle of the JCM Scheme. This view was seconded by other representatives of the Staff-Side.

(ii) Secretary (Staff-Side) further requested to know the present position on the basic demands made by the Central Government employees about minimum wages, fitment formula, reversion to the old pension scheme and the report of the Committee of Allowances. He recalled that when a notice for strike was given in 2016, the senior Cabinet Ministers in the Central Government had met the staff side representatives and assured a positive decision on the aforesaid demands. Although that strike was deferred on this assurance, the central govt. employees are still waiting. Consequently, it is getting difficult to make the central government employees understand the reasons for delay in fulfilment of the assurances then given by the Senior Cabinet Ministers.

(iii) Hence Secretary, Staff-Side requested the Chairman to convey to the Cabinet Secretary and Chairman, National Council (1CM) the duty to meet the Government employees in accordance with the JCM Scheme to avoid an atmosphere of confrontation.

(iv) He stated that a number of agenda items proposed by the Staff-Side have been deleted and no formal communication has been sent to them on the reasons for deletion. He requested that the views of official side on this may be communicated to them. This sentiment was echoed by other members of the Staff-Side. He also mentioned that the senior Cabinet Ministers had issued a statement about constitution of a High Level Committee to look into the aforesaid basic demands made by the Staff Side while giving the strike notice. However, even after more than 10 months, nothing has happened and only one meeting was taken by Additional Secretary in Department of Expenditure.

(v) On allowances, he informed that there is a lot of uncertainty on whether the allowances would become admissible prospectively or from 01.01.2016 i.e., the date of implementation of 7th Central Pay Commission.

(vi) The following points were also raised by Leader JCM (Staff-Side):

a. The assurance given by Senior Ministers on 30th June 2016 on 7th CPC issues-mainly minimum wage and multiplying factor have not been fulfilled. Only one meeting was held by Addl. Secretary (Expenditure) with the Staff side and thereafter nothing is known with regard to progress made even though 10 months passed.

b. On 7th CPC recommendation for revision of pension on the basis of option the contents of the Committee’s Report are not made available to the JCM (Staff Side). There is need to see that transparency is ensured for preserving healthy industrial

c. On Allowances, the Leader JCM (Staff Side) expressed disappointment as there has been no positive outcome even after lapse of several months. He requested the Chairman that the JCM (Staff Side) demand to revise the Allowances w.e.f. 01/01/2016 should be considered and Staff Side demand be taken to the level of Cabinet Secretary and the Government.

d. Although Ministry of finance Resolution dated 25th July 2016 stipulates that 14.29% hike in the pay of Running Staff in the Railways be ensured, unfortunately, the same has not been complied with. The said hike has not been ensured. He requested the Chairman to kindly take appropriate initiative on the proposal sent by Ministry of Railways which is pending with the Ministry of finance. He also pointed out that the references made by different ministries to the DoP&T/MoF pursuant to the discussions held by the JCM Constituents with the respective Departments/Ministries are pending. He requested that speedy response be ensured by DoP&T/MoF.

While concluding, the Leader, JCM (Staff-Side) expressed confidence that the NC/JCM meeting as well Standing Committee meetings will be convened regularly in accordance with the JCM rules for paving way for healthy industrial relations”.

(vii) The Staff-Side drew attention to the fact that since 1966 Joint Committees used to be set up for discussing contentious issues which has since stopped. References from the Departments are also remaining unanswered. The members of the Staff Side requested that DOP&T should take a view on all these issues as a number of them have not been settled. The Staff Side also requested that the duration of Standing Committee meetings should be extended so that all issues can be discussed and resolved quickly and the meetings should also be held every quarter.

(viii) The Staff-Side also pointed out that items of agenda sent by them are to be included, if it is found to be appropriate to be discussed. Since there had been permanent subcommittees under the Chairmanship of Secretary. (Health) and (Pension), the agenda items pertaining to those two ministries can be referred to those two sub-committees. The sub-committees are to deliberate and report back to the Standing Committee for a final decision. They wanted the said procedure to be followed as the items sent by the Staff Side to the meeting contained many Pension and Health related issues.

(ix) Referring to the convening of the Departmental Council, the Staff Side said that the situation has not registered any significant improvement. They also pointed out that in the details provided; no dates of the last meeting held had been They pleaded that the Depaitinent of Personnel has to evolve a mechanism to monitor the functioning of the Departmental council.”

(x) In view of the ongoing ban on recruitment imposed by the Department of Expenditure, the staff are having to work long hours. This is despite the Task Force, set up by Ministry of Railways on safety-related matters, having suggested that additional staff be mobilized to ensure safety. Even the Hon’ble Prime Minister in his speeches has stressed the need for safety; but the Ministry of Railways have chosen to ignore.

(xi) Another point raised was about the instructions issued by the DOP&T following the assurance given to the Hon’ble Supreme Court in a contempt case which was said to have created a situation where the DPCs are not being held and the employees are retiring without getting promotion. It was stated that UPSC is also refusing to accept DPC proposals and insists that clarification from DOP&T may first be obtained. As a result promotions are not taking place and many officers have retired without promotion. The Staff-Side requested that necessary clarifications may be issued by DOP&T urgently so that DPCs can be held in the

4. Chairman, in his reply, said that no agenda points had been deleted and, in order to ensure that discussions are complete in a meeting, it was decided in consultation with the Secretary(Staff-Side) to limit the number of agenda points for today’s meeting. He further stated that if the Staff-Side insists that the remaining points which have been left out should also be taken up for discussion, they would need to be circulated to the concerned Departments in advance for their He emphasized that the Government attaches the highest priority to the Staff-Side and the concerns expressed over the assurance given after the strike call would be conveyed to the concerned authority. On the issue of the Allowances Committee’s report not being shared with the Staff Side, the Chairman stated that the sentiment would also be conveyed to Ministry of Finance along with the concerns over pay revision etc.

5. After these opening remarks the Action-Taken-Note on the minutes of the last meeting held on 25.10.2016 was taken up for discussion.

S.No.1 — Item no, 5(i) of the Standing Committee meeting of 25.10.2016.

JS(Admn and JCA) mentioned that as desired by the Staff Side, the minutes of the earlier meetings held on 07.05.2014, 25.02.2015 and 09.10.2015 had been circulated to the Secretary and members of the Staff-Side. It was decided that the item may be closed.

S. No. 2 – Include Grameen Dak Sewaks within the ambit of 7th CPC.

Department of Posts had informed through their letter dated 07.02.2017 that a one-man Committee constituted to look into the service conditions, emoluments and other facilities of Gramin Dak Sevaks has submitted its report and the same has been hosted on the website of the Department of Posts. Further, due to the then prevailing Model Code of Conduct, no further action could be taken till it was lifted in March, 2017.

The representative of the Department of Posts informed that the report had been examined and the financial implications were being worked out. The proposal will then be forwarded to Ministry of Finance before taking a final view.

The Staff-Side expressed satisfaction on the development. It was decided that the item may be closed.

{Action: D/o Posts}

S.No. 3 — Settle all anomalies of the Sixth Central Pay Commission.

Additional Secretary, Department of Pensions & Pensioners’ Welfare informed that in respect of one of the pending items viz. anomaly related to modified parity in pension had been settled and orders had been issued to this effect. It was decided that the updated statement may be re-circulated to all and this item taken up in the next meeting.

The Staff-Side pointed out that there had been several items in the Anomaly Committee. ATS has not been circulated. The Official side assured to circulate the ATS on all anomaly committee items. It was then decided that the Staff- Side will present its views after it is circulated.

{Action: D/o P&PW,JCA(DoPT)}

S.No. 4 — No privatisation, PPP or FDI in Railways and Defence Establishments.

Ministry of Railways had vide their O.M. dated 14.02.2017 intimated that following a meeting between Railway Minister and the highest office-bearers of AIRF and NFIR on 18.12.2014 on FDI and other issues, a Standing Committee has been set up to discuss and suggest ways of generating resources towards improving the financial health of Indian Railways. Following two more meetings on 20.07.2015 and 29.07.2015, the terms of reference have been expanded by adding the words “and productivity of Indian Railways”.

Members of Staff-Side rebutted that the reply of Ministry of Railways was not correct as the committee is not looking into the point raised in this agenda item. At this point, Chairman asked the representative of Ministry of Railways to share the terms of reference of the said Committee with the members of Staff Side.

On the point related to Ministry of Defence (MoD), the representative of the Ministry shared a Note on the ‘Status of FDI in Defence Sector’. As per the Note, defence manufacturing sector was opened for the first time in 2001 for 100% private sector participation including FDI. In 2001, the FDI upto 26% was allowed under the Government route (FIPB approval). Since then, the policy has been revised several times. The FDI Policy for defence sector was last revised in June 2016. As per the revised policy, FDI upto 49% is allowed under automatic route and beyond 49%, under Government route, wherever it is likely to result in access to modern technology or for other reasons to be recorded. FDI policy for defence is applicable to defence industry subject to Industrial Licence under the Industries(Development & Regulation) Act, 1951. The Policy is also applicable for manufacturing of small arms and ammunition under the Arms Act, 1959.

He clarified further that this sector badly needs capital investment and infusion of technology for which foreign investment can play a significant role. Investment promotion and technology transfer being of prime concern, Government believes that the amendments made in the policy could be the most trusted route to technology transfer which would help in increasing the defence production base and providing the much-needed impetus to self-reliance and indigenisation in defence sector.

Members of the Staff-Side stated that the present Policy is likely to impact the existing Defence Establishments like DRDO and Ordnance Factories. The recent decision of DDP to outsource 143 products produced by ordnance factories would affect the existence of the organization and its employees. This is against the assurance given by the Ministry of Defence that the products already being produced by ordnance factories would not be outsourced and, for any new products, ordnance factories would be given first preference. However all these major policy decisions were taken without any discussion with the Staff Side and without hearing their view points.

It was decided that the Ministry of Defence would be requested to. hold discussion with the Staff side on the subject matter and accordingly the issue would be referred to Ministry of Defence.

It was decided that the item may be treated as closed.

{Action: M/o Railways, M/o Defence}

S. No. 5 — No corporatization on Postal Services.

Department of Posts has informed through their letter dated 07.02.2017 that there is no proposal of corporatization /privatization at this juncture. The said Department has further stated to be making efforts to give better and competitive services to the customers specifically in the areas of insurance, banking and parcels.

The Staff-Side representative confirmed that D/o Posts has communicated to them that there is no proposal to corporatize the postal services at this juncture. It was decided that the item may be treated as closed.

S.No. 6 — No ban on recruitment/creation of posts.

Department of Expenditure had vide letter dated 05.01.2017 informed that they had already delegated power to Ministry of Railways to create work-charged posts vide I.D. dated 17.07.2015.However,for creation of work-charged posts at the level of SAG and above, Ministry of Railways is to approach the Cabinet for approval. JS(Personnel), Department of Expenditure reiterated that there was no ban on creation of posts. Further, at present there is no ban on recruitment of posts already in existence.

The Staff-Side contended that the reality is otherwise. Because whenever a new service or train is introduced, it is not followed up with creation of posts. As a result, the operations are suffering and the employees are working beyond duty hours. It was stated that often a proposal for creation of posts is returned with the rider of matching savings. They requested that a direction should go from the Chairman of the Standing Committee that no new service should be introduced till new posts are created.

Staff-Side also stated that in the last National Council meeting, the Cabinet Secretary had stated that that there cannot be ban on creation of posts for meeting operational needs. Hence, after informing that no recruitment has taken place to meet the increased operational requirement of Ministry of Railways, they argued that if the power to introduce new trains is delegated to the Railway Board, the power to create posts and make recruitment should also be delegated to the Board.

After hearing them, Chairman observed that in so far as the item is concerned, Department of Expenditure have clarified that there is no ban on recruitment on posts. In so far as creation of posts in M/o Railways is concerned, the following delegation has been made:

i) For ‘Revenue’ Non-Gazetted posts, Railway is allowed to continue with the existing system being followed by them for creation of posts. For creation of ‘Revenue’ Gazetted posts, for the posts below SAG level, approval of Finance Minister will be required and for posts at the level of SAG and above, approval of Cabinet will be required.’

ii) For Work-charged’ posts, Ministry of Railways is allowed to continue with the existing procedure for creation of posts below SAG level. For creation of Work-charged’ posts at the level of SAG and above, Ministry of Railways is advised to approach the Cabinet for approval.

iii) For the purpose of final Cadre strength of the Railway Services, as was done in the last Cadre Review, 75% of the `Work-charged’ posts may be added to arrive at the final strength.

The moot point is which type of case should come to Department of Expenditure_ for approval. As such the Ministry of Railways have been delegated the power to make recruitments or create posts. The item can therefore be closed as settled.

It was admitted that the recruitment processes is slow. However, Government has been making efforts to make it faster by introducing modern technology. On the concerns expressed by the Staff-Side on security related aspects, the representative of Ministry of Railways was asked to take note of them. It was also directed that the Ministry of Railways be informed of the new points raised by the Staff Side in this matter.

{Action: M/o Railways, DoPT(JCA)}

S. No. 7 — Scrap PFRDA Act and reintroduce the defined benefit statutory pension scheme.

The representative of Department of Financial Services informed that a committee has been constituted to look into the issue and suggest measures to streamline the NPS and make it more effective. It was informed that the Committee had also held discussion with the representatives of the Staff Side.

The Staff-Side stated that while discussions have been held, it has also been made clear by the said Committee that they cannot commit on a minimum pension. It was stated that although the defined benefit pension scheme has been re-introduced in many places and the experience of those organisations should be taken into account, the fact remains that employees are not getting any benefit of the New Pension Scheme though they are the people who have put in their money. It was informed that these concerns were expressed before the said Committee but there has been no response. Even a minimum assured pension as provided in CCS(Pension) Rules-1972, Family Pension, Disability Pension are not guaranteed and there is no provision for GPF.

Hearing the Staff-Side, Chairman remarked that the mandate of the Committee seems to be about the NPS and making it more effective. Noting that the Staff-Side are in favour of scrapping of the PFRDA Act and reverting to the old pension scheme, it was directed to the representatives of Department of Financial Services and Department of Pensions & Pensioners’ Welfare to bring the concerns expressed by the Staff-Side to the notice of the Committee set up to streamline the NPS.

It was also decided that in the light of discussions, the Staff- Side may await the report since the entire matter is with the NPS committee.

{Action: Mb Railways, DPS/P&PW}

S.No. 8 – Ns, outsourcing, contractorisation, privatisation of governmental function; withdraw the proposed move to close down the printing press, publication, form store and stationery departments and medical stores depots.

Ministry of Health & Family Welfare had vide O.M. No. B-12014/01 /2016- JCM dated 05.04.2017 informed that there was no proposal to close down the medical stores depots immediately. However, the house believes that MoHFW should hold discussion with the Staff-Side and recommends accordingly.

About printing presses, the representative of Ministry of Urban Development informed that a proposal is afoot to rationalize the Government of India Presses and modernize them. It was stated that there would be no retrenchment of the existing employees of the Presses and there may be redeployment of some staff. Regarding publication and stationery department, no decision has been taken so far. On this the Staff Side desired that whenever a decision is taken to re-deploy the staff, the stakeholders should be consulted.

It was decided that in view of the clarification provided by the Ministry of Urban Development that there would be no retrenchment, the part of the item concerning them may be closed. Further, Ministry of Urban Development may hold discussions with the Staff Side on deployment, as and when the stage comes.

{Action: MoUD}

S.No. 9 – Regularise the existing daily rated/casual and contract workers, and absorb trained apprentices. No labour reforms should be carried out which are not in the interest of workers.

Joint Secretary (Establishment), DoPT clarified that no proposal from Ministry of Railways had been received relating to grant of temporary status. He informed that the Ministry of Railways have their own scheme for regularisation of casual labourers with temporary status similar to the DoPT scheme. Staff site stated that the issue is about the causal labourers whose services were regularised after 01.01.2004 and why the entire temporary service period prior to regularisation should not be counted for reckoning the qualifying service for pensionary and other benefits. This is similar to item no.29 discussed later on.

Staff-Side stated that Ministry of Railways had sent a proposal that those who had temporary status as on 1st January 2004 before the introduction of new pension scheme in 2004 should be covered under the old pension scheme. DoPT, in its response to Ministry of Railways, had proposed for a methodology of screening. To an observation that DoPT is not giving replies, JS(E), informed that the instructions issued by DoPT on 26.02.2016 on contribution to GPF and Pension under the old pension scheme have already addressed this situation and such employees would be covered under that. Further discussion on this point followed later.

S.No. 10 – Revive JCM functioning at all levels as an effective negotiating forum for settlement of demands of the central government employees.

JS(Admn and JCA) informed that the instructions on holding meetings of the Office Council were reiterated to all departments and information on the meetings held were asked for. Comments and details have been received from a few departments and this is being followed up to ensure that information is received from all departments. She offered to share the details of the information received so far. On the status of the Staff associations under DoPT, it was stated that the existing associations were being granted extension and have been requested a number of times to submit the present position on their representation. As none of the associations have fulfilled the mandatory requirement of 35% representation, fresh recognition cannot be granted. No proposal has been received.

The Staff-Side explained that the grant of recognition to Service Associations is pending for years together in various other Departments, without even communicating reasons therefor. They wanted the DoPT to make inquiries into this matter and seek a report from all ministries as to the status of recognition to Service Associations. They suggested that DoPT conduct verification on their own on basis of the declaration filed by the applicant associations. Only in a situation where no association is able to comply with the 35% stipulation, no recognition should be granted. On this JS(Admn and JCA) assured to look into the matter.

{Action: RR&DC Division, DoPT}

S.No. 11- Remove the arbitrary ceiling on compassionate appointments.

Chairman recapitulated the discussion held on this issue on 25.10.2016. It was noted that Establishment Division, DoPT had vide their letter dated  31.01.2017 informed that the proposal of the Staff-Side for removal of the upper  ceiling for compassionate appointment in cases related to Group `D’ employees,  and the proposal for enhancement from 5% to 10% ceiling for compassionate appointment in respect of Group ‘C’ employees had been examined and submitted  for consideration of the Cabinet Secretary. The view that emerged was that with the issue of the two O.M. dated 14th June 2006 and 9th October 2006 adequate relief for regulating compassionate appointment cases had been provided. In view of this, and the legal compulsion that the limit of compassionate appointment has to be kept reasonable and to ensure that the provision is not declared unconstitutional violating the mandate of Articles 14 and 16 of the constitution, it has not been found feasible to enhance or remove the existing ceiling of 5% quota.

Staff-Side was of the view that there is reason to revisit the instructions. It was stated by them that 5% vacancies to be kept aside for filling up on compassionate grounds is to be counted from the overall vacancy position and not from the number of vacancies arising in a year. Ministry of Defence has both uniformed personnel and civilian employees. The wards of uniformed personnel are being granted compassionate appointment in Civil Posts within the 5%vacancy limit calculated from the Civilian vacancies. The vacancies in the Armed Forces are not taken into account for arriving at the 5% vacancies. This discriminatory and anomalous and hence Civilians are subjected to hardship. Therefore, the 5% quota may be separately calculated. It was also informed that with the approval of Hon’ble Raksha Mantri ji, a proposal had been sent to the DoPT for one-time measure in filling up of the vacancies on compassionate basis as there were dlarge number of vacancies. It was decided that these points and concerns would be looked into.

The Staff-Side further stated that the reasoning given in the Supreme Court judgement and which had been read out by JS(E) does not apply in Railways which employs almost 50% of Government employees. Even prior to the DoPT instructions, compassionate appointments were being made and it did not create any problem. Staff-Side explained that the essence of the judgement is that the facility should not be misused. However, the fact remains that even eligible persons are not being able to get appointment because of the ceiling imposed by DoPT. Also, due to reclassification, a number of posts of Group C have become Group B. Group D has been abolished. While the Group-A and Group-B employees are also eligible for compassionate appointment, the vacancies in Group-A and Group-B are not taken into account for deriving the 5% vacancies. They pointed out that while compassionate appointments are to be offered to family members of Group A and B officers, who die in harness, the vacancy of Group A&B is not counted for applying the ceiling of 5%. The Staff-Side also pointed out that on instructions from the DoPT, every Department has put in place a mechanism to screen all applications and verify whether the applicant is really in distressing situation and deserves to be offered appointment on compassionate ground. The Screening Committee is composed of senior officers and by virtue of the said scheme, in vogue, the allegation and fear of misuse is unfounded. They added that by prescribing 5% ceiling, deserving candidates are often denied appointment. Further, there is also a stipulation for considering application within 3 years though that has been set aside in some Court judgements. Staff-Side requested Chairman to take a decision on this alarming situation.

Chairman stated that in the last discussion it was seen that the ceiling has been held valid in court orders. He desired to know the genesis of non-application of the 5% limit on compassionate appointment in Railways. The Staff-Side replied by saying that it was in view of the large number of fatalities that often occur when the railway employees are in the field. So the Railways have been kept away from the ceiling on compassionate appointment. It was stated that the Supreme Court never said that this be limited to 5% but it is to be ensured that the compassionate appointment is not misused. The court ruling should not be used to deny compassionate appointment to the deserving candidates.

Representatives of Ministry of Railways were requested to provide any data on the instances of giving compassionate appointment so that the issue could be further examined. It was also decided that the Ministry of Defence and DoPT would examine the issue in light of the points mentioned by the Staff Side.

{Action: DoPT/M/o Defence/ M/o Railways}

S. No. 12 — Ensuring five promotions in the service career.

Establishment Division, DoPT, vide their letter dated 09.02.2017, had informed that action on this point was required to be taken by Cadre Review Division and a letter had been written to the concerned Joint Secretary. With regard to other demand i.e. grant of MACP in promotional hierarchy, they informed that if MACP was granted in the promotional hierarchy, it would give rise to uneven benefit to employees falling in the same pay scale since several organizations had adopted different hierarchical patterns. Consequently employees working in organizations having larger number of intermediate grades would suffer because financial upgradation under MACPS would place them in lower pay scale vis-a-vis similarly placed employees in another organization that had fewer intermediary grades. Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of levels in the Pay Matrix.

Staff-Side opined that the previous ACP scheme was far better because it was in promotional hierarchy while MACP scheme provides upgradation in grade pay hierarchy. Staff-Side further stated that the two financial upgradations under the previous ACP scheme after 24 years were more beneficial than what an employee would get after three decades under the MACP Scheme. On this, the Chairman observed that the Standing Committee cannot look into issues which have been settled by the 7th CPC.

It was informed that when this anomaly was earlier pointed out to the Joint Committee it was promised that this would be reconsidered and rectified. They suggested that if the MACP scheme was considered more beneficial, the employee should be given option to choose whether he wants ACP scheme or MACP scheme. The Chairman desired to know if there was any pay commission recommendation on this issue, on which he was informed that there was not.

It was decided that the Establishment Division would examine the issue further.

{Action: JS(E)DoPT}

S.No. 13 – Non-implementation of the decision taken in the 46th National Council (JCM) Meeting held on 15th May 2010 with regard to Item No. 20.

Ministry of Defence (MoD) vide their OM dated 28.04.2017 had informed that the issue regarding non-applicability of CCS (RSA) Rules, 1993 to the workers employed in Defence Establishments, was earlier discussed in the 46th Ordinary Meeting of the National Council (JCM) held on 15.05.2010,and 91st Departmental Council Meeting of Defence held on 18.11.2016. CDRA has stated that in a meeting held on 12.05.2003 in Ministry of Defence, it was observed that there had been two different recognition rules for Unions and Associations and it was unanimously accepted that the present system of membership of Workmen in the Associations as well as in the Unions should not be disturbed and the matter was treated as closed. So, he requested that this demand should not be accepted and the ‘status quo ‘may be maintained in all the Defence Establishments for functioning of the Recognized Service Associations.

Ministry of Defence further stated that it was important to note that recognized Federations of MoD kept silent from 2003 to 2009 and did not raise this issue in the light of the decision taken on 12/05/2003. It is perhaps due to the declining membership of Unions in the Defence Establishments that these unions desire to raise their membership at the cost of Associations where workmen are also their members. Moreover, it is a policy matter of MoD to allow workmen to. continue both as members of Associations as well as of Unions and the same was also unanimously approved by the then representatives of recognized Federations of MoD in the meeting held on 12/05/2003. In the light of the above facts, MoD has now sought to know the reasons from all the recognized Federations as to why the matter was again raised in the National JCM Council Meeting in 2010 while it was already unanimously resolved on 12/05/2003. After obtaining their views, the matter will be discussed to reach a conclusion.

Responding to the statement made by the Ministry of Defence, the Staff Side stated that the meeting held on 12/05/2003 with recognised Federations was nothing to do with the present issue. The discussion held on 12/05/2003 was with regard to Secret Ballot Verification of membership of the Federations and Associations to decide about the proportionate representation in the JCM Scheme. Since the MoD at that point of time was permitting workmen to be members of both Unions and Associations, it was decided that they should be allowed to participate in the Secret Ballot. The contention of the Staff-Side was that the MoD should follow the CCS(RSA) Rules, 1993 which prohibits worker to become members of the Associations and the recognition granted in violation of the rules to the associations of workers may be withdrawn, since the workers are governed under Trade Union Act, 1926 and Industrial Disputes Act,1947.

It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss and settle the issue.

Staff-Side stressed that the recognition has to be in accordance with the rules. It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss the issue.

{Action: JCA (DoPT))

S.No. 14 – Reduction of one day Productivity Linked Bonus (PLB) to the employees of OFB & DGQA under Department of Defence Production against Cabinet decision and Government orders.

Department of Expenditure had through their letter dated 24.01.2017 informed that one of the recommendations of the Ch CPC had been to introduce Performance Related Incentive Scheme (PRIS) by replacing the existing PLB Scheme. As this recommendation was being examined separately, a decision was also taken in October, 2008 that the PLB to be paid should not exceed what had been disbursed during the immediately preceding year. Though the recommendation of the 6th CPC was being examined separately, no decision could be reached in the matter and it was referred to 7th CPC. The 7th CPC, while recommending for introduction of PRP for all categories of Central Government employees has also recommended that PRP should subsume the existing bonus scheme. , Noting that there could be a time lag in implementing the PRP by different Departments, the existing Bonus scheme should be reviewed and linked with the increased profitability/productivity under well-defined financial parameters. As the 7th CPC has recommended for review of the existing scheme of PLB and its being subsumed in PRP, it is not possible to make any change in the existing practice of paying PLB by concerned administrative Department where PLB scheme is applicable.

The Staff-Side stated that there was already a Cabinet decision in this matter. It was stated that for the Defence establishments, the Hon’ble Raksha Mantri ji had decided to cap PLB to 41 days even if the entitlement would have been for more days. A few years ago the output was less and the PLB was limited to 40 days. However, on that basis every year it is being capped at 40 days even if the entitlement is for 41 days. This was said to be illegal and the Cabinet decision is not being implemented.

JS (Personnel) stated that in view of this new point about there being a Cabinet decision about the PLB formula of Defence Establishments, they would re-examine the issue and take an appropriate view in the matter.

{Action: D/o Expenditure}

S.No. 15 – Grant of one time relaxation to the Central Government employees who have availed LTC-80 and travelled by air by purchasing ticket from authorities other than authorised agents.

Establishment Division had through their letter dated 03.02.2017 informed that DoPT was in receipt of complaints regarding misuse/corruption in LTC especially in cases of LTC-availed travel to Jammu & Kashmir, North East regions and Andaman & Nicobar Islands. In the wake of reported scams, DoPT has been impressing upon the need for booking the LTC tickets from authorised agents and has been circulating such instructions amongst Ministries / Departments to create awareness amongst Government employees. Granting en-masse relaxations without proper examination of the LTC claims may not serve any public interest and in fact may encourage the unscrupulous persons. The Division is of the view that the Ministries/ Departments need to examine the cases on merit. Only exceptional cases where the Ministry/ Department is satisfied that undue hardship is being caused in any particular case, it may be referred to DoPT for consideration. In cases of any fraudulent claims/ attempts to inflate the claims, appropriate disciplinary action should be taken by the respective Department.

Staff-Side stated that Group C and D employees were not aware of the rules. They were also not informed that they would have to procure tickets from the authorised agent or from the website of airlines. Later a clarification was issued that tickets were to be purchased from the authorised agents. At the same time, notices had also been issued that the amount would be recovered from salaries in case of non-compliance. They stated that if somebody had done wrong or had not travelled at all, then action may be taken. However, if the persons had submitted proper bills and boarding passes, they should not be subjected to recovery.

Staff-Side stated that DoPT had advised that each case should be sent after examination on merit and had also sought details of number of cases. JS(E) stated that the total number of employees have not been ascertained and no definite answer on the number of employees who are affected by this has been given. On this, Chairman observed that giving an exact number may be difficult as it could be in thousands. Staff Side suggested that the concerned administration which gave the LTC advance may examine if the employee had actually travelled. If there is any difference in the fare charged by Air India on the day of travel, the excess amount may be recovered from the employee. It was stated that the employees are facing hardship as it was not initially specified to them that they should purchase ticket only from an authorised agent or from the website of the airlines.

It was decided that Establishment Division of DoPT should relook into the issue in view of the difficulty faced by the employees.

{Action: Establishment Division (DoPT)}

S.No. 16 — Grant of House Rent Allowance to the employees who have vacated government quarters.

Department of Expenditure had through their 0. M. No. 10-2/2016- E.III(A) dated 12.04.2017 informed that as per the O.M. dated 27.11.1965 of the D/o Expenditure, HRA would be admissible to government employees eligible for government accommodation only if they had applied for it but did not get it. In places where surplus government accommodation is available, Ministry of Urban Development insists on the employees’ furnishing ‘No Accommodation Certificate’ at the place of posting. DoE further stated that they had not received the orders of the CAT, Chennai/ Madras High Court from the Ministry of Defence and hence DoE does not know whether the CAT order has been implemented or not. However, after the dismissal of the WP /SLP by the Calcutta High Court/Supreme Court, DoE had agreed to a proposal from MoD for implementing the CAT Calcutta’s order in an exactly similar matter. But the benefit was restricted to the applicants of the O.A. DoE further asserted that since the requirement of No Accommodation Certificate was in order, it did not require any review. MoD was advised to defend similar cases pending before courts.

Representative of Ministry of Urban Development informed that the HRA rules are administered by the Ministry of Finance and the Directorate of Estates (DoE) does not deal with every matter related to HRA. DoE is partly concerned with HRA Rule 4(a) (ii) to determine the entitlement of their employees for HRA where the admissibility of HRA to an employee is to be seen in the context of refusing govt. accommodation. DoE only notifies the cities in which the govt. residential accommodation is in surplus for the guidance of DDOs in various Central Government offices so that they could determine the entitlement of HRA of the individual officer under their control. Directorate of Estates (Region Section) vide 0.M no. D-11016/36/2011-Regions, dated 26.04.2012 has permitted the utilization of surplus/ vacant houses of GPRA in absence of demand from eligible persons by ineligible Central Government offices to prevent revenue loss to the exchequer. Therefore, there is no scope of revenue loss to the exchequer even if houses have to be declared ‘surplus as certain employees vacate their Government accommodation after building their own after availing HBA.

In view of this, DoE accepted ‘in principle’ the comments of Staff-Side on this item regarding grant of House Rent Allowances to the employees who had vacated Government Quarters. However, since the instructions relating to quantum, entitlement and admissibility of house rent allowance (HRA) are issued by Ministry of Finance, the issues are being taken up with them before taking a final decision on the issue. JS(Personnel) stated that if a reference is sent to them, Department of Expenditure will look into the issue.

In view of the information provided by Ministry of Urban Development, it was decided that the item may be closed.

S.No. 17 — Restoration of interest-free advances withdrawn by the Government based on 7th CPC recommendations.

JS(Personnel) informed that the issue had been considered by the Cabinet but not agreed to. It was decided that the item may be treated as closed.

S.No. 18 — Grant of entry pay recommended by 6th CPC to the promotees under the provisions of CCS(RP) Rules- 2008.

Department of Expenditure had through their letter dated 24.01.2017 informed that the recommendation of the NAC for grant of entry pay to all the promotees under 6th CPC had been considered by that Department. However, it was not agreed to considering the fact that it was in modification of the recommendations of the 6th CPC. This decision was taken with approval of Finance Minister.

However, in the light of the order of the CAT, Principal Bench, Chennai, they have requested Ministry of Defence and Department of Revenue to intimate the action taken by them since the applicants of the OAs are working in those departments. A reply is yet to be received.

Staff-Side stated that this problem is acute in organisations where there is no direct recruit or recruitment has not taken place for some time. As such there is no junior direct recruit employee. Considering the submission made by the Staff-Side that no person’s salary could be fixed at less than the minimum of the pay scale or pay band, as the case may be, the Official Side had agreed to raise the pay of promotee officials on par with directly recruited personnel, irrespective of the fact whether direct recruitment has really taken place or not. The said agreement ought to have been translated into order. It is not correct for the Finance Minister to dishonour the agreement and no tangible reason has also been advanced by the Official Side for such a decision. Noting this to be an anomalous situation which causes suffering to the employees, it was decided that the Department of Expenditure would re-examine

{Action: D/o Expenditure}

S.No. 19 – Grant of 3rd MACP in GP Rs.4600 to the Master Craftsmen (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs.4500-7000 as on 31/12/2005.

Establishment Division had through their letter dated 09.02.2017 informed that a formal proposal of M/0 Defence had been received. The matter was discussed with the representatives of Mb° Defence twice i.e. on 19.01.2016, and 26.01.2016. The issue will be referred to D/o Expenditure for reconsideration of their earlier advice.

The Staff-Side expressed satisfaction with the action taken. It was decided that the item may be closed.

{Action: Establishment Division (DoPT)}

S.No. 20 – Carrying forward of Earned Leave by Defence Industrial Employees on transfer / appointment from non Industrial to Industrial Establishment.

Ministry of Defence (MoD) had vide OM dated 28.04.2017 sent the following comments

(i)  D(Civ-II) – The proposal was examined in MoD and it was decided that the same cannot be recommended for making amendment in Rule 6 of the CCS (Leave) Rules, 1972 unless there is strong justification. The position was explained to AIDEF vide letter dated 08.04.2016. Recently, on 12.04.2017 MoD has sought comments from concerned Directorates/ Organisations/ Service Headquarters in this regard. The proposal has been circulated to various Divisions for consideration in MoD and then to refer to DOP&T.

DGAQA has conveyed that the comments were called for from various Associations/Unions working in field establishments of DGAQA and most of the Associations/Unions are in agreement with the stand taken by Staff Side on transfer of leave in excess of 120 days to the leave account and not encashing it when a non-industrial employee is transferred to industrial establishment.

Air HQ has conveyed that after November, 2006, as per the amended Leave Rules, industrial employees can accumulate and encash Earned Leave up to 300 days. A proposal is also under consideration with MoD to bring the industrial employees under CCS (Leave) Rules, 1972. DRDO has clarified that all the industrial and non-industrial employees of DRDO are allowed to en-cash Earned Leave up to 300 days.

JS(E) mentioned that Establishment Division is examining the matter in light of the comments received and will take a decision.

{Action: M/o Defence/Establishment Division (DoPT)}

S.No. 21 – Reimbursement of actual medical expenditure incurred by the employees in recognized hospitals.

Ministry of Health & Family Welfare had vide their O.M. No. B­12014/01/2016-JCM dated 05.04.2017 informed that private hospitals empanelled with CGHS had signed Memorandum of Agreement (MoA) with Government to charge at CGHS rates. In case of any excess charging, the same is recovered from the hospital bills by CGHS and paid to the beneficiaries and the hospitals are penalised as per the provisions under the MoA. The representatives requested that specific instances may be brought to their notice so that they can take action.

Staff-Side stated that the problem has also been that the rates fixed by CGHS were so low that the hospitals were refusing to admit the CGHS beneficiaries. Another problem is about unpaid bills. They requested that the Ministry of Health & Family Welfare should revise their rates at regular intervals so that the CGHS beneficiaries do not have to suffer more on account of delay.

{Action: M/o H&FW}

S.No. 22 – Dental Treatment in private hospitals recognized under CGHS / CS(MA) Rules, 1944 for CS(MA) beneficiaries.

Ministry of Health & Family Welfare had vide their O.M. No. B-12014 / 01 / 2016-JCM dated 05.04.2017 informed that the requirement of No Objection Certificate had been dispensed with vide O.M. No. S.14025/41/2015-MS dated 07.12.2016.

It was decided that the item may be closed.

S.No. 23 – Review of the income criteria for the dependent parents of government employees in the wake of the recent legislation of “Maintenance and Welfare of Parents and Senior Citizens Act 2007”.

Department of Expenditure had through their letter dated 10.01.2017 informed that a proposal for revision of income limit to Rs. 9000/- for dependency for the purpose of providing CGHS coverage to family members, received from MoH&FW, had been examined and the comments /approval of that Department was conveyed to the MoH&FW vide D/o Expenditure ID No. 204/EV/2016 dated 19.10.2016. With regard to the demand for further review of the limit of Rs. 9000/-, it has been stated that no such proposal has been received in D/o Expenditure from MoH&FW.

Ministry of Health & Family Welfare had vide their O.M. No. B-12014 / 01 / 2016-JCM dated 05th April, 2017 informed that the income limit from all sources for dependency for the purpose of availing CGHS had been revised to Rs. 9,000/-plus the Dearness Relief on Pension. It has further added that revision of income limit has been done recently and there is no proposal with reference to review of income limit of Rs. 9,000/,

Staff-Side requested that the revisions have to be in accordance with the “Maintenance and Welfare of Parents and Senior Citizens Act 2007”. It was stated that in one such case the court had directed full reimbursement. They requested that the issue may be re-examined.

{Action: M/o H&FW}

S.No. 24 – Amendment to the definition of anomaly as notified by Government in the orders of constitution of anomaly committees at various levels

JS (Admn and JCA) informed that the definition has been modified and will be further looked into on receipt of the recommendations on allowances. It was decided that the item may be closed.

S.No. 25 – Withdraw the stringent conditions unilaterally imposed by Government on grant of Modified Assured Career Progression (MACP) in promotion and grant of MACP on promotional hierarchy.

Staff-Side stated that new condition would make it difficult for employees to avail MACP which, as such, is disadvantageous as it is not in the promotional hierarchy. It was stated that the new benchmark was more stringent then the benchmark prescribed for promotion in some cases and the employees will suffer more as they may find it difficult to meet this requirement. The Staff Side further pleaded that the change of benchmark from ‘Good’ to ‘Very Good’ can only have prospective effect and the grant of MACP on the basis of the reports of earlier years when the said stipulation of ‘Very Good’ was not in existence must be calibrated on the basis of the earlier stipulation of the benchmark being `Good’. They stated that DoPT should come out with some guidelines so that the employees could be assessed in an objective manner as many employees may find it impossible to meet the benchmark since the Reporting Officers are themselves not adequately trained in writing APARs. They stated that this provision needs to be reviewed.

JS(Admn. and JCA) informed that ever since the introduction of disclosure of APARs, the number of employees getting higher level of gradings may rise. Proposal needed to be evidence based. It was decided that the Ministry of Railways may provide data on the trend of recorded gradings of APARs.

{Action: M/o Railways}

S. No. 26 – Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers to personnel below officers rank also.

Establishment Division in their comments dated 28.03.2017 had stated that:

(i)    The first issue relates to pay fixation on re-employment in Civil Services and Public Sector Banks, etc. D/o Financial Services (DoFS) is stated to have clarified that pay fixation of ex-servicemen would be through protection of pay plus D.A. drawn by them at the time of release from the Armed forces. DoFS orders provide that in addition to the pay fixed on re-employment, pension and other retirement benefits would also be allowed.

(ii) Establishment Division has clarified to D/o Posts that initial pay on re-employment in case of ex-servicemen who had held posts below Commissioned Officers and civilians, below Group-A, shall be fixed as per the entry pay in the revised pay structure of the re-employed posts applicable in the case of direct recruits appointed on or after 01.01.2006.

(iii) Staff-Side says there is a contradiction in the two clarifications and, as a result of the ambiguity, one section has benefited (Personnel who are covered under the instructions of DoFS) while others are not (Personnel who are covered under the instructions of DoPT).

JS(E) stated that they had received a number of grievances and the Department of Welfare of Ex-Serviceman had also raised this issue. Presently there are two formulations for pay fixation of ex-servicemen — one for Group A posts and another for others — which is not an ideal situation. It was stated that the issue is under active consideration and a decision is likely shortly.

{Action: Establishment Division (DoPT)}

S.No. 27 – Permission to opt for pay fixation in the revised pay structure on a date after the date of issue of CCS(RP) rules 2016 notification (25.7.2016) in case of employees whose promotion becomes due after 25.7.2006.

Department of Expenditure (DoE) had through their letter dated 09.01.2017 informed that references have been received from various Ministries/ Departments for switching over to revised pay scale after 25.07.2016 and the matter is being examined. Decision in the matter will be communicated in due course.

{Action: D/o Expenditure}

S.No. 28 – Extension of the benefit of bonus calculation ceiling enhancement of Rs. 7000/- to Gramin Dak Sevaks (GDS) of the postal department also.

Department of Expenditure had through their letter dated 24.01.2017 informed that it had conveyed its approval for enhancement of calculation ceiling to Rs.7000/- for the purpose of payment of PLB in respect of GDS w.e.f. the accounting year 2014-15 vide ID no. 7/31/12006-E.111(A) dated 27/10/2016.

The Staff-Side expressed their satisfaction over the decision. It was decided that the item may be closed.

S.No. 29 – Regularise the services of casual labourers by absorbing them against vacant posts of MTS as one time measure.

Establishment Division had through their letter dated 10.01.2016 clarified that no such proposal from Ministry of Defence was pending with DoPT and no scheme on the lines of the scheme of 1993 was under consideration. It has been further stated that the judgment of the Constitution Bench in the Uma Devi case bars any regularisation of individuals not selected through a prescribed selection procedure. Therefore, only those casual labours may be regularised who are covered under the 1993 scheme.

Staff-Side stated that while the Uma Devi judgment is clear and the instructions, there where the casual labourers have not completed 10 years on the date of judgement. The Staff-Side said that the recruitment procedure adopted while engaging the daily rated workers was one and the same for regular employment especially those kept for erstwhile Group-D functions. Therefore, they cannot be said to be backdoor entrants. This apart, they added that such recruitment on purely temporary basis was necessitated and initiated due to the all pervading ban imposed by DoPT in 2001 and continued for almost nine years. Therefore, they said that it is necessary that the DoPT should prepare a scheme by which the quality of employment is maintained as also regularization of persons who have served the government for such long period of time does take place.

They also added that these appointments were against regular and permanent vacancies and the Supreme Court judgment in the case of Uma Devi does not debar the government from considering regularization of such cases. As they were working in Government establishments, their condition needs to be appreciated.

JS(E) stated that Establishment Division would look into this matter in view of the position explained by the Staff-Side.

{Action: Establishment Division (DoPT)}

S.No. 30 – Fill up all vacant posts including promotional posts in a time bound manner.

Establishment Division of DoPT had through their note dated 19.02.2017 informed that vide OM No. 22011/1/2011/Estt. D dated 27.10.2016 instructions had been issued to Ministries/Departments to ensure strict compliance of guidelines by following model calendar for DPC so as to grant timely promotions. It has been further informed that DoPT (Establishment Division) is in the process of further fine-tuning the model calendar.

Staff-Side stated that the situation has arisen because of DoPT OM dated 30.09.2016 following a hearing in the Supreme Court. As such no promotions in any level are taking place and UPSC has also not accepted any DPC proposals for want of further clarification from DoPT. JS(Admn. and JCA) informed that the department is seized of the concerns of the Staff Side and the matter is under active consideration and a decision is awaited.

S.No. 31 – Abolish and upgrade all posts of Lower Division Clerks (LDCs) to Upper Division Clerks(UDCs)

Staff-Side stated that as the LDC cadre is losing its relevance, the posts may be upgraded to UDC.

JS(E) stated that this may not be possible without fully understanding the implications in each department. It was stated that it would be appropriate that the posts may be allowed to continue till such time their requirement is felt.

Reacting to the comment made by the Official-Side, the Staff-Side pointed out that prima facie, on introduction of computerized functioning in almost all departments, the functions assigned to LDCs have become redundant. What is required is to get the report from each department and take a conscious decision, as LDC is a common category.

JS(Admn. and JCA) stated that as the meeting had already gone on for more than three hours, the new agenda items may be taken up for discussion in the next meetings. It was stated that the comments received on the agenda items would be circulated to the Staff Side. Comments on the remaining items which were not included in the agenda would also be called for from the administrative departments and will be circulated to the Staff Side on receipt.

The meeting concluded with a vote of thanks to the Chair.


S. No.NameDesignation
1.Shri Shiv Gopal Misra,Secretary, Staff Side
2.Shri M. Raghavaiah,Leader, Staff Side
3.Shri Rakhal Das GuptaMember
4.Shri J.R. BhosleMember
5.Shri Guman SinghMember
6.Shri C. SrikumarMember
7.Shri K.K.N.KuttyMember
8.Ch. Sankara RaoMember
9.Shri R.P. BhatnagarMember
10Shri. K. S. MurtyMember
11.Shri R. SrinivasanMember
12.Shri M. KrishnanMember
13.Shri M. S. RajaMember