National Anomaly Committee Meeting – Agenda Item 21 to 40

Highlights of National Anomaly Committee meeting held on 17.07.2012[click here]

For Agenda Item 1 to 20 click here
For Agenda Item 41 to 59 click here

AGENDA ITEMS FOR THE MEETING OF NATIONAL ANOMALY COMMITTEE



ITEM NO.21

50% OF REVISED PAY BAND + GRADE PAY NOT CORRECTLY DETERMINED.

A Table has been appended to Para 4 of Department of P & P W O.M.No.38/37/08 P&PW (A)Pt I dated 14.10.2008 showing 50% of the sum of the revised Pay Band and Grade Pay. It is seen that the Pay Band worked out @ 1.86 of the minimum of the pre revised Pay Scale has been adopted for all pay scales in each band which is not what the commission has recommended and Govt. had accepted.

The relevant recommendation of the VI CPC (vide para 5.1.47 page 339 of VI CPC Report) is as under:-

“The fixation as per this table will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the Pay Band and the Grade Pay thereon corresponding to the prerevised Pay Scale from which the pensioner had retired.

The phrase “minimum of the pay in the Pay Band corresponding to the prerevised pay scale from which the pensioner had retired” is different from the minimum of the Pay Band worked out on the basics of minimum of the lowest Pay scale in each Pay Band which is Pay Band Minimum adopted by the commission in their Scheme of Pay Bands. The minimum Pay in the Pay Band has been shown in the fitment tables appended with the Department of Expenditure O.M.F.No.1/1/2008-IC dated 30.8.2008. This minimum pay in the Pay Band corresponding to the pre-revised Pay Scale from which the pensioner had retired should have been adopted in the table appended with the above P&PW OM dated 14.10.2008.

The revised Table worked out on the above basis is enclosed herewith which may be adopted.



ITEM NO.22

REVISION OF PENSION OF THOSE WHO ARE RECEIVING TWO PENSIONS.

Para 5.1 of Office Memorandum No. F.No. 38/37/08/P&PW (A) dated 1.9.2008 lays down that where the consolidated Pension / Family Pension in terms of para 4 thereof works out to an amount less then Rs.3500/-,the same shall be stepped up to Rs.3500/- and that will be regarded as Pension / Family Pension with effect from 1.1.2006. In the case of pensioners who are in receipt of more than one pension, the floor ceiling of Rs.3500 will apply to the total of all pensions taken together.

This is a clear retrograde step from the existing position whereby in terms of the Department of P&PW OM No.42/2/2004 P&PW (G) dated 21.6.2004, when a pensioner receives two pensions both are treated separately for the purpose of consolidation and not taken together.

It is therefore requested that status quoante should be restored by issuing orders, in supersession of para 5.1. ibid, laying down that minimum floor ceiling should apply separately to each pension and not to the total of the pension taken together.



ITEM NO.23

SPECIAL PROVISION FOR THOSE WHO RETIRED ON OR AFTER 1.1.2006 BUT RETAIN PRE-REVISED SCALE OF PAY.

The provisions made in para 13 of O.M. dated 2.9.2008 in respect of above category of employee are against the principal of natural justice and is arbitraty in as much as they have neither been retiree nor post 1.1.2006 retiree.

To meat end of justice their pension should be computed as in clause (ii) of para 13 with reference to emoluments defined in FR-9(21)(a)(i) after inclusion of Dearness Pay and DA paid as on 1.1.2006 (on basic pay plus dearness pay) and pension computed with out notional increase of the basic pay by applying the fitment benefit of 40% on the basic pay in the pre-revised scale. Similarly Family Pension is to be calculated at 30% of basic pay after adding dearness pay as drawn fitment weightage of 40% of basic pay and DA as admissible on 1.1.2006 (on BP+DP). The provisions made in para 13 are highly discriminatory and anomalous as pension / family pension to those retired / died prior to 1.1.2006 with the same pay in pre revised scale.

Although such cases may be very few who will be opting to continue to draw pay in the pre-revised structure, but to avoid discriminatory treatment and to protect that their pension / family pension isnot less than what an employee gets on his retirement / death on 31.12.2005, the provision made in para 13 needs further suitable amendment / amplification.



ITEM NO.24

COMMUTATION OF ADDITIONAL PENSION OR RETROSPECTIVE REVISION OF PENSION IN RESPECT OF POST 31.12.2005 RETIREES

The recommendation made by the sixth CPC in para 6.5.3 of its report as mentioned at Sl. No.5 of the resolution dated 29.8.2008 and accepted by the govt. of India, is against the provisions of rule 10 of CCS (Commutation of Pension)Rules, 1981. Neither the govt. nor the pensioners are at liberty to alter/refuse the contract of commutation of pension after it becomes “absolute”. Since Govt. servant who retired on or after 1.1.2006 and have commuted a portion their pension which has now been retrospectively revised, he has to be allowed the commutation of additional pension now becoming due to the same percentage which he has applied earlier for commutation with reference to the purchase value for age next day which was taken in to account at the time (date on which commutation become absolute) – initial commutation. The recommendation of the Sixth CPC is also against the sprit of rule 8 of CCS (Commutation of Pension) rules. Had the commutation Table consisting of purchase value with reference to age has gone up, then the govt. would have applied rule 10 ibid for commutation of additional pension and not with reference to revised upward rate. The department of P&PW cannot choose the batter provision by subverting the statutory Rule 10 of CCS (Commutation of Pension) Rules 1981. The recommendation of the Sixth CPC in this regard is friendly to govt. and not to the retiring employees. It was for the govt. not to accept the recommendation of Sixth CPC as contained in para 6.5.3 of their report and status-quo as per rule 10 of CCS (Commutation of Pension) rules, 1981 continued as was allowed while implementing 3rd 4th and 5th CPC recommendations.

We, therefore, request the Govt. to maintain status quo by applying the provisions of rule 10 of CCS (Commutation of Pension) Rules,1981 for commutation of pension becoming due as a result of revision of pay/pension and modify the acceptance of recommendation as appearing against Sl.No.5 of Resolution and provisions made in para 9.3 of O.M. dated 2.9.2008.



ITEM NO.25

APPLICATION OF NEW COMMUTATION FACTOR RECOMMENDED BY VI CPC –

CONTRARY TO RULES AND JUDICIAL DIRECTIONS

Additional commutation arising out of VI CPC Pay Revision for employees who have retired / superannuated between 1.1.2006 and 2.9.2008 shall be computed at the revised Table of Commutation value for pension in terms of para 9.3 of the Department of Pension & Pensioners Welfare O.M. F.No. 38/37/2008-P%PW (A) dated 2.9.2008 as clarified in O.M. F.No. 38/79/2008P&PW(G) dated 16.2.2009.

This is not only contrary to the existing orders and the provisions of Rules 5,6 and 10 of CCS (Commutation) Rules 1981, but is also violative of judicial pronouncements.

It is therefore demanded that the additional commutation arising as a result of revision of pay and pension in respect of employees retiring between 1.1.2006 and 2.9.2008 should be at the same factor of the existing Table of Commutation value at which his pension was initially commuted.

It has also been observed that some Pension Sanctioning authorities are deducting the additional commuted pension retrospectively from the date it was initially commuted. This is also contrary to Rule 10 of CCS (Commutation of Pension) rules 1981. it should be deducted from the date it was paid. Suitable clarificatory orders in this respect may also be issued.



ITEM NO.26

COMMUTATION OF REVISED PENSION

Instructions have been issued by the Government in the Department of Pension & Pensioners Welfare OM F.No. 38/37/08 P&PW (A) dated 2.9.2008 wherein it is stated that in respect of post 31.12.2005 pensioners who have already commuted their pension, the revised commutation Table should be used only to compute the amount of pension that has become additionally commutable on account of retrospective revision of pension.

In this connection it may be stated that

1.         The date of effect of the revised table of commutation in respect of the pensioners, who had retired on or after 1.1.2006 and before 2.9.2006 is vague.

2.         The said pensioners are governed by the commutation rules as these existed on the date of retirement. The table of value has been prescribed on the date on which the commutation becomes absolute.

3.         The revised instructions conveyed vide para 9.3 of the OM dated 2.9.2008 are contrary to rule 5, 6 & 12.

4.         Rules 5 & 6 do not envisage a second option as defined by the courts of law.

5.         As per rule 12 an employee is eligible to commute a fraction not exceeding 40% of his pension. Such eligibility is partially denied by the revised instructions for which the following options are prescribed

Option 1    “I hereby do not opt for commutation of additional pension becoming due owing to retrospective revision of pension.

By this option, the automatic benefit of Rule 10 is completely denied.

Option 2. “I hereby do not opt for commutation of same percentage (as already commuted ) of the revised pension becoming due owing to revision of pension”.

By this option, the entitlement of 40% on revised pension as per rule 5(1) & 5 (2) is denied.

6.         On the basis of the option and by using the revised table of commutation, the pension and the commuted fraction are divided as two as indicated in the illustration below.

Illustration

a.         Pre – revised pension Rs.3000/-

b.         Revised Pension Rs.6780/-

A Government servant is entitled to get 40% of the commuted value on the revised pension of Rs.6780. But according to para 9.3, a Government servant will receive only 17.3% of the commuted value on the revised pension under the pre revise table and 22.7% of the commuted value on the revised pension under the revised table. Applying two factors for a single event of commutation is not fair.

It is, therefore, demanded that 40% of the revised pension may be commuted as per the extant Table which was in force when the employee had retired i.e. prior to 2.9.2008.

The instructions issued may be suitably revised.



ITEM NO.27

CONSTANT ATTENDANCE ALLOWANCE

The Sixth CPC in its reports in para 5.1.44 (not 5.1.42 as mentioned against Sl. No. 10 of Resolution dated 2.9.2008) recommended Constant Attendance Allowance to civilians who are granted disability pension under CCS (Extra Ordinary Pension) Rules, 1939 for the first time as a new element on the lines existing to the Defence Forces. Here neither the rate of Constant Attendance Allowances payable nor conditions attached to its payment has been detailed. However, while recommending constant Attendance Allowance to Defence Forces in para 5.1.68, the commission recommended Rs.3000/-p.m. as increased by 25% every time the dearness allowance payable on revised pay band goes up by 50%.

It is regretted that Deptt. Of P&PW while notifying acceptance of the recommendations of the Sixth CPC by the Govt. in its Resolution dated 29.8.2008 at Sl. No. 10 did not link the recommendations of the commission as available in para 6.1.68 in regard to allowing increase by 25% of constant Attendance Allowance when Dearness Allowance goes up by 50% it is a deliberate concealment of fact by the Deptt. Of P&PW, which is bad.        Even if the Govt. was not inclined to increase the Constant Attendance Allowance as and when DA increases by 50% it would have been proper not to accept that portion of recommendation in the Resolution.         As the Ministry of Defence does not issue any Resolution on Pensionary matters and they follow the Governments‟ acceptance the Ministry, the omitted part of recommendation of Sixth CPC (para 6.1.68) regarding increase in Constant Attendance Allowance as and when DA increases by 50% will not find place in Ministry of Defence letter notifying revised Pensionary provisions in respect of Armed Forces as the same has neither been accepted not denied by the Government. This requires necessary correction / amendment.



ITEM NO. 28

GRANT OF GRADE PAY OF RS.5400 IN PB-2 FOR ASSTT.ACCOUNTS/AUDIT OFFICERS.

Whereas the VI CPC had recommended that the post of Asstt. Accounts/Audit Officers and Accounts/Audit Officers should, therefore, (because as a result of upgradation of the post of section officers (Accounts / Audit) in pay scale of Rs.7500-12000, the posts of section officers and Asstt. Accounts / Audit Officers had been placed them in an identical Pay Scale) be merged in the pay band PB-2 to Rs.8700 (9300) – 34800 along with grade pay of Rs.4800, the Govt. have placed Audit/Accounts officers in the pay band PB-2 with upgraded Grade Pay of Rs. 5400 (Corresponding to the prerevised Pay scale of Rs.8000-13500).

This has given rise to the following anomaly:-

i) Asstt. Accounts/Audit Officers are Group B Gazetted whereas Section Officers are Group B Non Gazetted. As such a Group B Gazetted post has been merged with a Group B Non Gazetted post.

ii) Since Asstt. Accounts officer is a promotional post for section Officer, the merger of these posts has resulted in no fixation of pay on promotion in view of Rule 13 (i) of CCS (RP) Rules, 2008. The Ministry of Railway vide their Notification No. PC VI/19 dated 23.9.2008. (RBE No.128/2008) has however extended the Pay Band of PB-2 with grade pay of rs.5400 to Asstt. Accounts Officers (group „B‟ Gazetted).

It is therefore proposed that the post of assistant accounts /audit Officers in all organized accounts & Indian audit & accounts department may also be granted the upgraded grade Pay of rs.5400 in PB-2.

As a corollary to this the Accounts & Audit Officers may be placed in the Pay Band PB-3 with upgraded Grade Pay of rs.5400 considering the fact that this is a promotional post with higher functional responsibilities and Sr. Audit/Accounts Officers may be given pay band PB-3 with Grade Pay of Rs.6600 for the same reason.

It may also be pointed out that the observation VI CPC (vide para 7.56 of their report) that “upgrading the Sr. Audit/Accounts Officers pay scales any further will place them in a higher level than the entry grade of IA&AS which is a promotion post” is not correct.  The senior Accounts/Audit Officers are not promoted to the entry grade of IA&AS. They have been promoted to S-19 post which has now been granted Grade Pay of Rs.6600. That is why the post of Sr. Audit/Accounts Officer may be given Pay Band PB-3 with grade pay of Rs.6600.



ITEM NO.29

REVISION OF BASE INDEX FOR D.A.

12 monthly average index of 536 (AICPI-IW) 1982 series corresponds to 74.97% increase over the base index of 306.33 prescribed by V CPC. Since 74% increase in D.A. has only been merged in emoluments (Pay Band), this increase corresponds to 12 monthly average index of 533.02 of cost of living Index (1982=100) series.

The base index for the VI CPC. Pay Scale should therefore be 533.02 of 1992 index i.e. 115.12 in (2001=100) series.

It is, therefore, proposed that the base index in (2001=100) series for the computation of D.A. in pay scale of VI CPC may be taken as 115.12 and not 115.76.



ITEM NO.30

BENCH MARK IN AICPI SCHEME FOR GRANT OF DA / DR WEF 1.1.2006 ON CPC VI LEVEL PAY / PENSION RESTRUCTURING.

The Government of India have been following the AICPI Index (IW) ever since the time of CPC I, chaired then by Justice Varadachariar. In CPC I, it was 1939=100 base. CPC II Justice Jagannath Das Commission also based their recommendations on 1960=100 base. CPC V ordered DA / DR to be on 1982 =100 Base. CPC VI have preferred 2001=100 base.

Successive Pay Commissions have been suggesting a separate AICPI for white collar workers as different from the skilled / unskilled factory / industrial workers. They had pleaded for a different basket of inputs since the basic needs of a wage earner in a factory or an industrial worker are different from clerks / supervisors / operatives / management level employees (white collar workers). But the Government of India have not taken a decision although some sort of an index has been evolved by the Statistical Department of the Central Government Hence on date this AICPI (IW) is the base for fixing the bench mark for Government salaries as well.

All along, based on AICPI (IW) 1982= 100 base the Government had sanctioned DA / DR at 74% of the 1.1.1996 level wages. (1.1.96 wages were on 306.33, average point). In the Government of India arrangement of DA / DR grant decimal increases in percentage are not considered. At 536 point the actual percentage is not 74% but more, namely 74.844 say 74.84. And we reach 74% when the AICPI (IW) reaches (306.33 X 0.74 = 533.01. Hence when 74% is included as salary on 31.12.2005, the start for the 1.1.2006 salary structure should be only 533.01 and not 536. This when converted to 2001 = 100 base by the factor 4.63 we get 533.01 / 4.63=115 .1209 say 115.12. It is therefore proposed that D.A. increases be computed on the basis of AICPI (IW) 115.12 and not 115.76.



ITEM NO.31

CHILD CARE LEAVES IN RESPECT OF CENTRAL GOVERNMENT WOMEN EMPLOYEES AS A RESULT OF SIXTH PAY COMMISSION REPORT.

On the basis of the recommendation of the Sixth CPC, Child Care Leave (CCL) was introduced by the Govt. This facility for the women employees in facta landmark recommendation by the Pay Commission in the area of reform under modern work culture.  The decision by the Govt. to accept this recommendation is also equally historical which has been wide publicity by all sections of the print and electronic media. Child Care Leave is one of the right steps towards the welfare of women employees which will bring diversified results in the area of small family norms. It would definitely be a great relief to women employees having girl children, particularly having a single girl child. No.doubt a single girl child requires more attention and presence of her mother.

However ignoring all the above social issues, DoPT has issued the latest clarification which has taken away the spirit and enthusiasm of the women employees. As per the clarification issued by the DoPT vide its OM No.13018/2/2008-Estt(L) dated 18 Nov. 2008 this landmark facility has become as good as withdrawn as one of the conditions in the clarificatory orders clearly stipulates the CCL can be availed only if the employee concerned has no Earned Leave at her credit.

It is proposed that the above clarification order may kindly be withdrawn as the VI CPC had not indicated that the leave will be available only in the event of there being no leave at the credit.



ITEM NO. 32

CUMULATIVE LOSS IN WAGES AS A RESULT OF NEW FIXATION FORMULA ON PROMOTION TO THE NEXT HIGHER GRADE.

As per extant rules and procedure the pay of a person on promotion is fixed taking into account the number of increments drawn plus one additional increment and in any case the minimum pay in the next higher scale was assured and granted. As on example, staff in scale Rs.3050-4590/-, when promoted to scale Rs.4000-6000/- / 4500-7000/- his pay is fixed taking into the account the number of increments drawn plus one additional increment under Rule FR-22/C and in any case not less than the minimum of the pay in the promoted scale i.e. rs.4000/4500. As per clarification No.2, of the order under reference the same provision is absent.

Para 12 (ii) of the Ministry of finance (Department of Expenditure) Notification .GSR 622 (E) dated 29.8.2008 is specific about this. Railway Board should amend their order (PC VI/2008/1/RSRP/1 dated 25.9.2008.

As per provision of the first scheduled, Part „A‟ section II, the entry pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 has been prescribed as follows:-

It is however seen that an existing employee in the ore revised Pay scale (S-6) rs.3200-4900 drawing pay of Rs.3455 (i.e. 4th Stage) will be fixed at Rs.8430/-p.m. whereas a fresh recruit in the same scale if appointed on or after 1.1.2006 shall be given Rs.8460.

Similarly an employee drawing Rs.4000 in the pre-revised pay scale (4000-6000) (S-7) will be fixed at Rs.9840 whereas a fresh recruit appointed on or after 1.1.2006 would be given Rs.9910.

An existing employee in pre-revised Pay Scale Rs.4500-7000 (S-8) will be fixed at 11,170 whereas a fresh recruit appointed on or after 1.1.2006 will be give Rs.11360.

It is proposed that it may be provided in the rules that pay of the existing employee shall not be fixed at a stage lower than the pay at which a fresh recruit appointed on or after 1.1.2006 is fixed.



ITEM NO.33

NEW RECRUITS GETTING MORE PAY THAN PROMOTEES IN THE SAME PAY BAND AND GRADE PAY

In many cases, an individual promoted to Grade Pay of Rs. 4600 or Rs. 4800 (Pre Revised 7450-225- 1150 and 7500-250-13000) after 01 January 2006 is drawing less pay than direct recruits who joined the service on or after 1 January 2006. The reason for this anomaly is that the CCS (Revised Pay) Rule 2008 do not protect the promotee to get the minimum entry pay determined for the direct recruits joining service on or after 1 January 2008. This is a serious anomaly and needs immediate rectification by suitable amendment in the CCS (Revised Pay) Rule 2008.

ILLUSTRATION:-

Mr. X joined as an Auditor at the pre revised pay scale of 4500-125-7000/- PM before 1 January 2006. On clearing Section Officer Grade Examination, he is promoted to Section Officer after 1 January 2006. On promotion his pay will be fixed as per rule 13 in PB 2 as follows:-

Pay in the PB 2 = Rs.9300/-

(if after granting one increment on previous Band Pay + Grade Pay in the PB 1 is less than Rs.9300/- Grade Pay = Rs.4800/-

Total Basic Pay = 14100/- on promotion

Whereas the entry level pay for direct recruit who joins the service after 1 January 2006 as Section Officer has been fixed at Rs. 18150. there is a difference of Rs.4050/-

SUGGESTION:-

The CCS (Revised Pay) Rule 2008 should be amended immediately by inserting the sentence „ subject to minimum entry pay in the revised pay structure for direct recruits joining service on or after 1 January 2006‟



ITEM NO 34

RE–OPENING OF OPTION FOR FIXATION OF PAY ON PROMOTION.

As per the recommendation of the 6th CPC the revised pay scales have been introduced from 1.1.2006. Persons promoted in the later part of the year 2005/2006/2007 had already exercised option for fixation of pay from the date of their next increment in existing scale. As example;

i.          an employee in pay scale Rs.3050-4590 was promoted to the pay scale of Rs.4000-7000/- in the month of October, November or December 2005/2006/2007.

ii.         his next increment in the existing scale falls on say Feb./March/April /May/June 2006/2007/2008, and he had exercised option for fixing his pay in the promotional scale from his next date of increment in the existing scale.

In this case his increment in the revised pay scale will be from 1.7.2007 or 1.7.2008.

If, the orders for grant of increment on 1st July each year was (as per VI CPC) known to him, earlier he would have exercised option for fixing his pay from the date of his promotion and in that case he could draw his next increment from 1.7.2006, 2007 or 1.7.2008.

It is therefore requested that existing employees who have been promoted to the higher post during 2005, 2006 or 2007 or prior to 2.9.2008 may be allowed fresh option for fixation of their pay.



ITEM NO.35

REOPTION TO THOSE PROMOTED PRIOR 2.9.2008

Some employees who were promoted either prior to 1.1.2006 or even after 1.1.2006 had given option for fixation under old FR 22-C from either their date of promotion or from the date they earned their next increment in the lower post failing on or after 1.1.2006. As a result of promulgation of CCS (Revised Pay) Rules 2008, it is seen that the option exercised by them is less advantageous. It is proposed that in such cases re-option may be allowed.



ITEM NO. 36

INCOME CRITERIA IN RESPECT OF PARENTS AND WIDOWED/ DIVORCED/ UNMARRIED DAUGHTERS.

It has been stipulated in Department of Pension & Pensioners Welfare O.M. No.45/51/97-P&PW (E) dated 5.3.98 (para 2), that the income Criteria in respect of (dependent) parents and widow / divorced daughters will be that their earning is not more than Rs.2550/- p.m.

Later on unmarried daughters have also been included in the list of those who are eligible for family pension on the death of the Pensioners / family pensioners. (vide Department of Pension & Pensioners Welfare O.M. No.1/19/03/ P&PW-E dated 6.9.2007)

The above amount of Rs.2550/- is double the minimum pension that was the minimum pay of serving employees in V CPC.

It is, therefore, requested that the earning criteria for the parents, widowed / divorced / unmarried daughters may kindly be fixed at Rs.7000/- which is double the minimum pension of Rs.3500/- or minimum pay of serving employees in VI CPC.



ITEM NO. 37

WAIVER OF RECOVERY OF HIGHER DA /DR DRAWN DURING THE PERIOD FROM

1.1.2006 TO 31.8.2006

It is seen the DA / DR payable for the period from 1.1.2006 to 31.8.2006 in terms of old rates is higher than what has become payable with reference to VI CPC. Accordingly the difference between the old DA drawn and new DA payable has been deducted in Due and Drawn statement while computing the arrears of salary for the period from 1.1.2006 to 31.8.2006.

Since the DA drawn and paid during the above period was at the duly sanctioned rates it has to be treated as bonafide payment which should not be recovered / adjusted retrospectively. The new rates of DA / D.R. may therefore be enforced only prospectively from 1.9.2008 or the date from which the new D.A. rates have been sanctioned and infact implemented, whichever is the later date (month).



ITEM NO. 38

ANOMALY IN FIXING GRADE PAY

VI CPC in para 2.2.21 (ii) has observed that the grade pay has been computed in fixation of pay in the revised pay bands at the rate of 40% of the maximum of the basic pay in each of the prerevised pay scales. Where two or more prerevised pay scales have been merged the maximum of the highest prerevised pay scale has been taken and 40% thereof is given as grade pay. The above formula has however been selectively modified by the Govt. while accepting the recommendations in the Department of Expenditure OM F.No. 1/1/08 – IC dated 29.8.2008 in its para (iii)

A comparative statement of the Grade Pay as recommended by VI CPC and the Grade Pay fixed by the Govt. is given below:–

It is apparent that whereas Grade Pay has been recommended by VI CPC @ 40% of the maximum of the prerevised Pay Scales from S-1 to S21, S-24 and 25-27, S-28, S-29 subject to rounding off to the next multiple of 100, the VI Pay Commission has fixed Grade pay of the following Pay Scales at a higher percentage of the maximum of the prerevised Pay Scales:-

The Government by further hiking the Grade Pay has provided Grade Pay at the following percentages of the maximum of pre-revised pay scale as under:-

The Grade pay which is virtually the fitment benefit has not been kept uniformly @ 40% of maximum of the prerevised Pay Scale both by the Commission as also by the Government which by providing varying degree of fitment benefit is anomalous and should be rectified.

It is therefore demanded that the grade pay may be fixed @ 50% of maximum of the prerevised Pay Scales.



ITEM NO. 39

ANOMALY DUE TO NOT APPLYING INFORMLY THE MULTIPLICATION FACTOR OF

1.86 IN FIXING THE MINIMUM PAY IN ALL THE REVISED PAY BANDS APPLYING DIFFERENT.

Adoption of the common multiplication factor of 3.00 for all Pay Scales proposed in order to maintain the established vertical relativities in minimum and maximum Pay Scales.

The VI CPC has recommended that fixation of pay in the revised running Pay Bands should be done by totaling the basic pay drawn as on 1.1.2006 in the exiting V CPC pay scales and dearness allowance at the rate of 74% (ignoring the merger of 50% dearness allowance) and then rounding it off to the next multiple of 10. In other words revised pay in the pay band will is arrived at by multiplying the existing prerevised basic pay drawn as on 1.1.2006 by a factor of 1.74 rounded off to the next multiple of 10 (vide para 2.2.21 of VI CPC Report). The Government of India modified the above recommendation by revising the multiplication factor from 1.74 to 1.84 rounded off to the next multiple of 10. In other words the minimum pay in the revised pay band is to be fixed by multiplying the minimum of the prerevised pay scale by a factor of 1.84 rounded off to next multiple of 10.

However this has not been strictly followed in devising a detailed fixation chart appended with the Department of Expenditure O.M. F.No.1/1/2008-IC dated 30.8.2008 which will be seen from the following table given below:-

The multiplying factor of 1.89 has been applied by the Government in fixing the minimum revised pay band in S-4 as against 1.86 because Rs.5120 computed by multiplying Rs.2750 by 1.86 has been rounded off to the next multiple of 100 and not to the next multiple of 10. The reason for this may be to fixthe minimum pay of Rs.7000 in whole thousand rupees. In PB-2 the minimum pay in the Revised pay band has been fixed strictly by applying the multiplying factor of 1.86 rounded off to next multiple of 10. In PB-2 multiplying factor for the New Group „A‟ entry has been hiked to 1.95 as against 1.86 thus disturbing the vertical relativity between S-15 and this New Group A entry Pay Band. Rest of the minimum of S-16 to S-23 pay scale have been fixed by applying the multiplying factor of 1.86. Here after ends the consistency and in PB-4 the multiplying factor is linked to 2.62 (in S-24), 2.62 (in S-25), 2.42 (in S-26), 2.42 (in S-26 and 27) 2.62 (in S-28) 2.43 (in S-29) dipping to 2.43 (in S-30) and to 2.32 (in S-31).

From S-31 onwards, the multiplying factor suddenly jumps to 3.37 (in S-31) dipping to 3.32 (in PB-32)

and 3.08 (in S-33) and concludes to 3.00 (in PB-34)

No explanation has been given in these high fluctuations in the multiplying factors in PB-4 ranging from

2.42 to 3.37.This has certainly widened the vertical relativities between PB-4 per se and as between the pay scales of PB-4 and the Pay Scales in other pay bands. This also has produced a very anomalous Pay

Structure by not observing the multiplying factor of 1.86.The V CPC had fixed the minimum wage and

the maximum wage by multiplying the prerevised minimum and maximum by a factor of 3.25.Therefore, to remove this anomaly in the pay structure, it is proposed that the minimum of the prerevised pay scales may be fixed by multiplying it by a factor of 3.00 rounded off to the next multiple of 10.



ITEM NO. 40

GRANT OF NOTIONAL INCREMENT AS MAY BE DUE ON THE FIRST DAY OF JULY FOLLOWING THE SUPERANNUATION / DEATH IN SERVICE FOR COMPUTATION OF EMOLUMENTS / AVERAGE EMOLUMENTS FOR PENSIONERY BENEFITS.

Under the provisions of CCS (Revised Pay) Rules, 2008 increment of employees is admitted from the first of the July each year and under the provisions of FR-56 (a) every Govt. servant retires from service on the afternoon of the last day of the month in which he attains the age of 60 years. A few Government employees increment falls due on the 1st day of July succeeding the month of June in which he superannuates (afternoon of last working day of the month). In such cases even though the employee has served for 12 months for which he has drawn full pay and allowances and thereby became entitled to earn increment, but for his superannuation on the last working day he could not get increment of pay which it is due on the next working day. Consequently the increment due on 1st of July is not reckoned either for computation of emoluments / average emoluments for pension family pension, death gratuity / retirement gratuity, and encashment of leave etc. These provisions evidently are quite harsh and unjustified as the individual retired by the close of the office on the last working day of the June but could not earn next increment due on 1st of the July but for his retirement / death even though he / she served for 12 months with pay and allowances and draws less pension equal to 50% of his last increment of pay.

It is requested that in relaxation of rule 33 and 34 of CCS (Pension), Rules, in the case of the Government servant who retires on the last working day of June or who dies in harness after the close of the office on the last working day of June, should be sanctioned notional increment of pay as due on 1st of July next and considered notionally qualifying for computation of emoluments / average emoluments for superannuation pension, family pension, retirement / death gratuity end encashment of leave under Rule 39 and 39-A of CCS (Leave) Rules.

Accordingly it is requested for grant of notional increment due on 1st of July to the retiree or the Govt. servant dying in harness on the last working day of June for calculation of average emoluments / emoluments for all purposes including pension / family pension and encashment of leave etc.



For Agenda Item 41 to 59 click here

Source: AIRF