Anomalies in Seventh Pay Commission: DoPT’s Instructions for setting up of Departmental & National Anomaly Committee
No.11/2/2016-JCA
Government of India
Ministry of Personnel, Public Grievances and pensions
Department of Personnel & Training
JCA Section
North Block, New Delhi
Dated the 16th August, 2016
OFFICE MEMORANDUM
Subject: Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission’s recommendations.
The undersigned is directed to say that it has been decided that Anomaly Committees should be set up, consisting of representatives of the Officials Side and the Staff Side to settle the anomalies arising out of the implementation of the 7th Pay Commission’s recommendations, subject to the following conditions, namely:
(1) Definition of Anomaly
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; and
(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”.
(2) Composition:
There will be two levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council
(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry / Department shall be one of the Member of the Departmental Anomaly Committee.
(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees.The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Adviser.
(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitutionand it will finally dispose of all the anomalies within a period of one year from the date of its constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.
(6) Cases where there is a dispute about the definition of “anomaly” and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and “Arbitrator” to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.
(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Department level.
(8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately.
All Ministries / Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 7th Pay Commission’s recommendations, as stipulated above.
(G.Srinivasan)
Deputy Secretary (JCA)
Source: www.persmin.nic.in
[http://documents.doptcirculars.nic.in/D2/D02est/11_2_2016-JCA-16082016A.pdf]
COMMENTS
Pay Commission, National Anomaly Committee, JCM , Welfare Associations/ Organizations, Federations, Bharat Pensioners Samaj, are all silent/mum on the major issue regarding anomaly created by Sixth Pay Commission in which justice has been denied to those employees who have completed more than 33 years of regular service before 01.1.2006
But retired/died between the period of 01.01.2006 to 31.08.2008.
They could not get MACP only due to the wrong implementation of the date of effect of the MACP.
DATE OF EFFECT OF MACP (GOVERNMENT CONCLUSION)
…………"Besides it was also observed that while changing the date of effect from 01.09.2008 to 01.01.2006 may be beneficial for certain employees, such a change could also place certain other employees at disadvantage thereby entailing huge recoveries from them. It was therefore decided that it may not be appropriate to change the date of effect of the MACP."
In my opinion, the above mentioned conclusion/decision taken by any authority is clearly violation of Article 14 and 16 of the Constitution of India.
i. " A pertinent Question since it greatly effected those Commissioned Officers retired / discharged / invalided / died between 1. 1. 2006 and 1. 9..2008 since their pension would be proportionately reduced in accordance with their length of service on the retirement. Thankfully the MOD has released this pension order much in favour of PBOR and thereby protecting at least PBOR from this anomaly keeping in view the recommendations of 6th CPC". (12.11.2008).
ii. " Retired Government employees who missed out on their promotions due to late meeting of the Committees deciding on such departmental elevations will now be able to avail its Post- retirement benefits.”
USKO DEDO —– USKO MAT DO, WHY—— ?
MACP granted to the employees is a part of the pay structure which not only effects the pay but also his pension. The MACP is not an allowance or alms being given by the government as when and where they desire. Let me bring to your notice that MACP is the benefit which an employee has the right to after putting in n number of years of hard work and diligence.
I fail to understand that why the authorities have closed their eyes to the facts and have adopted the role of mute spectator to the plight of section of employees who are facing this wrath due to wrong implementation of the date of effect.
Thanks
J. S Bhullar.