7th Pay Commission Minutes of National Anomaly Committee Meeting held on 11.01.2018

F.No.11/2/2016-JCA-I(Pt.) 

Government of India 

Ministry of Personnel, Public Grievances & Pensions 

Department of Personnel Training

North Block, New Delhi 

Dated: 16 February, 2018

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 per usual.

Yours faithfully, 

S/d, 

(D.K. Sengupta) 

Deputy Secretary to the Government of India 

Tel. 23040255

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

A meeting was held under the chairmanship of Shri G.D. Tripathi, Joint
Secretary (Establishment), Department of Personnel & Training with the
representatives of Staff Side of the National Anomaly Committee and senior
officers from the other Ministries/Departments concerned at 3.00 p.m. on
11.01.2018 in Room No. 190, North Block, DoPT, New Delhi to consider the
admissibility of the 18 items 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 performed 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 interest
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:

LIST OF PARTICIPANTS IN THE PRE-NATIONAL 

ANOMALY COMMITTEE OF THE NATIONAL COUNCIL (JCM) HELD ON 11/01/2018