7 CPC Anomaly : 29 points Items for the National Council JCM Standing Committee to be held on 3rd May 2017 – Confederation


ITEMS FOR THE NATIONAL COUNCIL JCM STANDING COMMITTEE TO BE HELD ON 3 rd MAY 2017 – CONFEDERATION ITEMS. 
 

Coms. K. K. N. Kutty, M. Krishnan and M. S. Raja will represent
Confederation in the Standing Committee meeting. 
 

1. Removing the anomalous situation in the representation in the JCM. 
 
The JCM was set up as a machinery to enable the employees to hold
discussions with the Government and avoid confrontation and strike. At the
beginning all the non-gazette employees had representatives at the JCM,
National, Departmental and regional level Councils. However, in the case of
CSS and CSSS the Government had permitted even the Group B. Gazetted
officers at the level of the Section officers to have representations both
at the National and Departmental levels as a special case taking into
account the characteristics of their job content. The classification of
posts in Central Civil services underwent change thereafter.

The Class I,
II, III and IV were assigned the nomenclature of Group A B C and D. Later,
the Department of Personnel introduced Group B Non Gazetted as another
category. They specifically prohibited the Group B Non-gazetted category of
officials from the purview of the JCM. Most of them became Group B Non
Gazetted due to the assigning of higher scale of pay by the Successive Pay
Commissions or by the Government in appreciation of their representations.
It could be seen that there had been no change either in the level of
responsibilities or in the duties assigned to these categories. They
continue to do the job as was the case earlier i.e. at the time of setting
up of the JCM. Precluding them from the JCM scheme was therefore not only
untenable but also resulted in their grievances not being able to be
presented at the highest negotiating forum. After the 6th CPC
recommendations were accepted and implemented most of the grades and cadres
with the Grade Pay of Rs. 4200 and 4600 were classified as Group
B.Non-Gazetted. The entire Group D cadres were abolished and the functions
in most of the Departments were either outsourced or contractorised. The
reclassification of the erstwhile Group C Cadres as Group B. Non Gazetted
resulted in their having no representation in the council. We, therefore,
request that the matter must be reviewed to ensure that the cadres and
grades which had representation when the JCM was initially set up is not
taken out of the scheme. In other words, all non-gazetted cadres must have
representation in the JCM with the special exceptions in the case of CSS
and CSSS.


2. Recognition under CCS(RSA) Rules, 1993. Inordinate delay in the
grant of recognition Streamlining procedure and fixing time frame for
taking decision. 
 
The revamping of the recognition rules in 1993 resulted in the promulgation
of the new rules. After procrastinated discussions in the JCM, certain
difficulties and problems emanating from the new rules were sorted out. It
was decided that all Federations/Unions/Associations must seek fresh
recognition under the new rules. Procedure to ascertain whether an
organsiation seeking recognition does have at least the support of 35% of
the members was also evolved in the form of obtaining declaration from the
members by the respective organisation. The Department of Personnel was to
approve the constitution of one organisation in each department, and the
respective Ministries were to scrutinize the bye-laws and constitution of
the other organizations to ensure that the provisions of the constitution
so drafted is in consonance with the conditions and rules laid down . It
has been reported to us by many organizations that the concerned
Ministry/Department is taking enormous time to complete the formalities and
afford recognition. Specifically in the case of the National Library
Employees Association, Chief Controller of communication, Department of
Telecommunication and Directorate General of Mine Safety Associations the
recognition issue is pending for a long time. We, therefore, request that
the Department of Personnel may fix a time frame for the grant of
recognition. If the concerned Association/Union is not entitled for the
grant of recognition, the same may be communicated to them in writing with
the reasons for the rejection. 

3. Central Government health Scheme. Empanelling of hospitals –
streamlining the procedure to provide in-patient treatment to the
beneficiaries. 
 
The demand placed by the Staff Side earlier to set up CGHS hospitals at all
CGHS centres could not be acceded to by the Government due to the
prohibitive cost involved. The alternate method of empanelling and
recognizing private hospitals for the benefit of CGHS subscribers, who
require in-patient treatment, received the appreciation from all concerned.
However, the tendering procedure evolved and due to many other reasons, the
number of such hospitals in almost all centers except Delhi came down very
heavily and in certain places it was reduced to one or two at the maximum.
This apart, some of the recognized and empanelled hospitals do not have
even basic facilities to treat the patients. In certain other cases, the
hospitals which were recognized and were functioning well and catering to
the requirement of the CGHS beneficiaries refused to entertain the patients
as there had been huge pending bills, the payment of which had not been
received by them. To illustrate the point further, we send along with this
a Note we have received from the Central Government Pensioners Association
, Kerala. We, therefore, request you to
(a) Ensure that each CGHS Centre five private reputed hospitals are
recognized for the purpose of general treatment; The Government may hold
bilateral negotiations on the basis of a pre-determined norms.
(b) Recognize at least three super specialty hospitals in each centre so
that the patients who suffer from chronic diseases, Cardiac problems and
cancer related illness could get immediate treatment without hassles.
(c) Some mechanism is evolved that the bills are not allowed to pile up and
the recognized hospitals are made the payment within a fixed time frame. 

4. Payment of equal pay to equal work to the workers/employees engaged
in all Government officers either through contractors or directly as
daily rated/contingent/casual workers as per the direction of the
Supreme Court. 
 
Please refer to the judgement delivered by their Lordship in the Supreme
court in Civil Appeal No. 213 of 2013 in the case of State of Punjab Vs.
Jagjit Singh and others. The Honourable Supreme Court have cited the
obligation of the Government of India to abide by the International
covenant on Economic , social and Cultural rights 1966 to which the Central
Government is a signatory. We reproduce the provisions of Article 7 of the
Covenant.
Article 7.
The States Parties to the present covenant recognize the right of every one
to the enjoyment of just and favourable conditions of work which ensures in
particular :
(a) Remuneration which provides all workers as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed conditions of
work not inferior to those enjoyed by men, with equal pay for equal work;
Read also :  अनुवादकों को अब अनुवाद कार्य हेतु रु.300/- (रुपये तीन सौ) प्रति पृष्ठ की अधिकतम दर से पारिश्रमिक/मानदेय मिलेगा - राजभाषा विभाग
(ii) A decent living for themselves and their families in accordance with
the provisions of the present covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunities for everyone to be promoted in his employment to an
appropriate higher level, subject to no consideration other than those of
seniority and competence;
(d) Rest, leisure and reasonable limitation of working hours and periodical
holidays with pay as well as remuneration for public holidays.
The Honourable Supreme Court has also cited various Previous rulings and
judgments of the Court under Article 141 of the Constitution and directed
the State of Punjab to provide equal pay for equal work to all daily wage
employees, adhoc appointees, employees appointed on casual basis,
contractual employees and the like. In conclusion the Court has decided
that all such employees are entitled for wages at the minimum of the pay
scale.
We, therefore, request that the Government may issue explicit instructions
that the employees/workers engaged on casual/contingent/temporary/daily
rated basis including those through contractors are given the wages at the
rate of the minimum of the lowest pay scale and a scheme for regularization
of such appointees is drawn so that these employees would be absorbed as
permanent workers over a period of time. 

5. Extending the benefit of pension revision to the employees and
officials who are absorbed in the Central Public Sector undertakings. 
 
In the case of Civil Servants who are initially on deputation to Central
Public sector undertaking but later absorbed in those organsiations and who
had drawn lump sum payment by commutation of their central pension, orders
are yet to be issued by the Government extending the benefit of pension
revision of 7 th CPC recommendation to them. We request that the requisite
orders may please be issued without further loss of time. 
6. Revision of Ex-gratia to CPF/SRPF (C)retirees.
 
In acceptance of the demand of the Staff side at the National Council, JCM,
ex-gratia payments were made to the CPF/SRPF© retirees. These rates fixed
in 1088 was revised on 1.11. 1997 and again in 2006. Presently the rates
are as under:
Group A. Rs. 3000
Group B. Rs. 1000
Group C. Rs. 750
Group D. Rs. 650.
Taking into account the fact that pay and pension were revised on the basis
of the 7th Central Pay Commission’s recommendation a revision of
rates of the ex gratia to the CPF/SRPF© retirees whose number is dwindling
every day is warranted. We, therefore, request that the rates may be
appropriately revised applying the very same rationale adopted in the case
of civil pensioners. 

7. Dispense with the practice of ignoring the fraction while computing
the Dearness allowance. 
 
For the sake of easy computation of DA the practice of ignoring the
fraction was initiated. The quantum loss to the beneficiaries in the
beginning was meagre. Now that the administrative difficulties which
promoted for ignoring the fraction has been greatly eased due to
computerization and taking into account the loss for six months is no more
meagre, it is necessary that the practice is dispensed with. For example,
the next installment of DA is likely to be 2.95%whereas the orders would be
issued for grant of only 2% in the case of an employee, whose basic pay is
Rs. 50,000, the loss per month in that case would be Rs. 475/-. It is
pertinent to mention in this connection that in the case of Bank employees,
the practice of ignoring the fraction is not followed. We, therefore,
request that the DA hereafter be computed without ignoring the fraction. 

8. Include unmarried sister in the definition of family for family
pension. 
 
The scope of Family pension under Rule 52 of the CCS(Pension) Rules, 1972
was extended to the dependent disabled siblings (brother and sister) of
Central Government servants/pensioners vide DOP & pW O.M. No.
1/15/2008-P&PW (E) dated 17 th August, 2009. There are cases wherein an
employee/pensioner remains unmarried and leaves behind dependent unmarried
sister/sisters. Though cases of such types may be few and far between,
nonetheless, such hapless ladies need to be taken care by the Government
lest they should be left to fend for themselves, after the death of
Government Servant/pensioner on whom they were fully dependent before
his/her death. We request to include dependent unmarried sister/sisters in
the definition of family for the purpose of family pension. 

9. Removal of conditions of being at the CHQ for a few days in a month
to claim the Transport allowance. 
 
Transport allowance was introduced as a compensation for those working in
the classified towns to meet the ever increasing conveyance expenses in
connection with the travel between office and residence. Employees had to
per force take accommodation in suburban areas as the cost of renting
houses had become prohibitive. However, it was not appreciated that burden
of the expenses had been more in the case of low paid employees as the
senior officers could afford houses within the city or were provided with
quarters nearer to their offices. Logically the higher rates ought to have
been recommended for the lower paid employees. Initially there was a
condition that those who were residing within one KM from the office should
not be entitled for transport allowance. This condition was later removed.
In many organizations, employees are required to be in field formations on
duty for months together. Viz. Central Ground Water Board, survey of India,
Geological Survey of India, Indian Bureau of Mines, Postal workers and
certain segment of the employees of Indian Audit and Accounts Department
etc. Because of the condition stipulated that the employees must be at the
Head Quarters for certain number of days in a month, many of them are
denied transport allowance as the exigencies of work entrusted to them make
them to be away from H.Qrs for months together. The denial is, therefore, a
double punishment in as much they are to be away from their family and also
are asked to bear the financial loss due to the denial of transport
allowance. This apart, once the Transport allowance is denied they
automatically do not become entitled for City Compensatory allowance also.
We, therefore, request that this condition may be removed for the grant of
Transport allowance. 

10. Fill up vacant posts. Restore the Regional level recruitment for
lower level categories of employees say Up to Level. 6. 
 
We refer to the 7 th CPC report, Chapter 3, Annexure 1.Page No. 40 and 41
Where the vacancies in different cadres in various departments of the
Government of India is indicated. This gives an alarming picture in respect
of certain departments. The situation has worsened thereafter and the
vacancies have piled up consequent upon which enormous workload has been
imposed on the existing employees and also increased the outsourcing of
various functions and contractor employment and engaging daily rated
workers. The Staff selection Commission, which is the recurring agency for
all Civil departments of the Government except the Railways and Postal
organizations, ( to some extent) had not been able to cope with the task.
This apart, the earlier practice of recruiting personnel through regional
level examination has now been dispensed with. Because of all India
recruitment especially for the lower level posts, certain difficulties both
administrative as also to the recruited personnel have arisen. Those who
are so recruited are often posted to places outside their home states. They
are to suffer financially and socially. They find it difficult to cope with
the strange situation in an alien place. Since most of them are posted to
lower level grades, the remuneration is not good enough to meet the
expenses in the place of posting and help their parents financially. They
seek transfer immediately after joining creating administrative
difficulties. They turn out to be de-motivated workers, disturbed and
become incapable of giving their best to the task assigned to them. We,
therefore, request that steps may be taken to fill up all existing
vacancies in the Government service and resort to regional recruitment to
the posts at least up-to the level 6 so as to improve the well functioning
of the Governmental Departments. 

11. Delegation of authority to the State Welfare Co-ordination
Committee to determine at least 5 holidays. 
 
Of the 17 holidays, the State welfare co-ordination Committee have
presently authority to determine only three holidays from the given list.
There are quite a number of holidays, which are State specific and are
nevertheless important to the residents of that State. While the entire
people of the State celebrate and observe those occasions or festivals, the
Central Government offices would remain open with no customers visiting.
Conversely, some of the all India holidays will have no relevance to a
particular State and the Central Government offices on that occasion remain
closed. To address this issue, we feel it would be better if the Government
of India increases the Number of holidays, which could be determined from
among the list by the concerned State Welfare Co-ordination Committees. We,
therefore, request that the number of holidays to be chosen by the State
Welfare Co-ordination Committee may be increased from the present three to
five. 

12. Grant of revised option under the CCS (Revised Pay) Rules, 2016. 
 
Under the CCS(Revised Pay) Rules, 2016, officials are given option to come
to the new pay scale either on 1 st January, 2016 or any other date which
would be beneficial to them. The said option was to be exercised within
three month of the promulgation of the notification. Many of the employees
have exercised option without fully understanding the entire gamut of
benefit or loss. On fixation of pay as per the option, they have faced
objected from the concerned Zonal Accounts officers stating that the
fixation of pay has been erroneous. In a similar situation and at the
instance of the Staff Side, the government allowed the revision of that
option vide F/No. /14/2010/EIII(A) dated 5 th July, 2010. We, therefore,
request that necessary orders may kindly be issued as was done in 2010
allowing the officials to revise the option if such revision is beneficial
to them. 

13. Transport allowance in the case of Physically handicapped person at
the double rate and deduction of the same if one is on short leave. To
be dispensed with. 
 
Transport allowance is admissible for physically handicapped persons at the
double the rates as per the extant instructions on the
subject. This is provided for the reason that the physically handicapped person has to take the help of another person
to travel and reach the office. However, if the physically
handicapped person is on leave (EL, HPL etc) proportionate amount of transport allowance pertaining to the helper is
deducted. Normally transport allowance is denied only when
a person is on Earned leave for a period exceeding one month. There appears to be no rationale to deduct the proportionate amount of
transport allowance pertaining to the helper in the case
of physically handicapped person. Either a clarification may be issued to dispense with the practice if the same has been initiated
by the Zonal Accounts officers on an interpretation of the
rules. If the pertinent rule itself has to be amended, the same may be done as no helper can be asked that he must suffer and
sacrifice the allowance because the physically handicapped
persons for some domestic reason could not go to office on a particular day
in a month. 

14. DISCREPANCIES IN THE AMOUNT IN VARIOUS STAGES IN THE PAY LEVELS OF
PAY MATRIX INTRODUCED AS PER CCS (Revised Pay) RULES 2016, CONSEQUENT
ON IMPLEMENTATION OF 7th CPC RECOMMENDATIONS. 
 
7th CPC has recommended that the rate of increment will be 3% of the
Revised Pay and Govt. has accepted the recommendation. But, contrary to
this, in many pay levels in the pay matrix, annual increment is less than
3%. Rounding of the increment to the nearest 100 rupees instead of next 100
rupees resulted in working out of the increment to less than 3%. This also
results in the employees drawing less pay for their entire service and also
drawing less pension after retirement for life. As 7th CPC itself
recommended that increment rate will be 3%, in any case, increment should
not be less than 3% at any stage. Hence to set right the discrepancy,
increment should be rounded off to the next 100 rupees instead of to the
nearest 100 rupees. 

15. REMOVAL OF THE 3% CONDITION FOR GRANT OF BUNCHING INCREMENT IN THE
PAY LEVELS OF 7th CPC PAY MATRIX. 
 
Under the existing orders of the Finance Ministry the grant of bunching
increment to an official is subject to the condition that the difference of
higher pay and lower pay should not be less than 3% of the revised basic
pay. There is no logic in imposing such a condition for bunching by the
Finance Ministry. If the difference between the higher pay and lower pay is
less than 3%, it is not due to the fault on the part of the employees. It
is due to the faulty increment rate at each stage of the pay level in the
pay matrix , as the amount of increment is rounded off to the nearest 100
rupees instead of the next 100 rupees. Hence it is requested that the
condition of 3% difference between the higher pay and lower pay may be
removed for grant of bunching increment. 

16. IMPLEMENTATION OF THE SUPREME COURT JUDGEMENT ON “EQUAL PAY FOR
EQUAL WORK” IN ALL CENTRAL GOVERNMENT DEPARTMENTS. 
 
The two judge bench of the Supreme Court in its landmark judgement
delivered on 20th October 2016 has held that the temporarily engaged
employees such as daily wage employees, adhoc appointees, employees
appointed on casual basis, contractual employees and the like are entitled
to minimum of the regular pay scale on account of performing the same
duties, which are discharged by those engaged on regular basis against
sanctioned posts. Action may be taken to implement the above judgement in
all central Government departments by extending the benefit of “equal pay
for equal work” to all similarly placed casual and contract workers. 

17. EXTENSION OF BENEFITS OF REVISED PENSION RULES -2016 IN RESPECT OF
PENSIONERS OF CENTRAL GOVERNMENT AUTONOMOUS BODIES. 
 
Orders revising the pension of Central Government pensioners was issued by
the Government in August 2016. But extending the same benefit to autonomous
body pensioners is yet to be issued, even though seven months are over. It
is requested that action may be taken for implementation of the revised
pension structure in respect of autonomous body pensioners also. It may
also be noted that one installment of Dearness Relief payable from
01.01.2016 is also not yet paid to autonomous body pensioners, even though
the DA from 01.01.2016 is already paid to autonomous body employees long
back. 

18. ENSURE PARITY IN PAY SCALE OF ALL STENOGRAPHERS , ASSISTANTS AND
MINISTERIAL STAFF IN SUBORDINATE OFFICES AND IN ALL ORGANISED ACCOUNTS
CADRES WITH CENTRAL SECRETARIAT STAFF BY UPGRADING THEIR PAY SCALES. 
 
The question of parity, as has been rightly pointed out by 7th CPC , is a
settled matter .It is the Department of Personnel which is the Cadre
Controlling department of Central Secretariat Cadre that unsettle the
parity every time. What is required is to grant higher pay scale at par
with Ministerial and Stenographer cadres of Central Secretariat and the
similarly placed cadres in the field and subordinate offices and IA&AD
and Organised Accounts cadre. 

19. GRANT OF ONE ADDITIONAL INCREMENT TO THOSE OFFICIALS WHO RETIRE
FROM SERVICE ON 30th JUNE AND 31st DECEMBER AFTER COMPLETING ONE FULL
YEAR SERVICE IN THEIR PAY SCALE. 
 
As per the existing orders , an official retiring from service on 30th June
or 31st December after completing one full year service are not eligible to
draw their next increment. on the technical grounds that on 1st July or 1st
January which is the normal increment date, the official is not in service
or cease to be a Govt. servant. It is requested that, in such cases, as the
official has completed one year service, one additional increment may be
granted to the last pay drawn by the official. 

20. Counting OF PRE-APPOINTMENT INDUCTION TRAINING PERIOD AS QUALIFYING
SERVICE FOR GRANT OF FINANCIAL UPGRADATION UNDER MACP SCHEME. 
 
As per MACP orders “service rendered on adhoc/contract basis before regular
appointment on pre appointment training shall not be taken into reckoning
as qualifying service for financial upgradation under MACPS”. It is
requested that pre-appointment induction training period followed by
regular appointment may be reckoned as qualifying service for grant of
MACPS, as it is already counted as qualifying service for the purpose of
increment. 

21. ENSURE CASHLESS MEDICAL TREATMENT FACILITIES TO ALL CENTRAL
GOVERNMENT EMPLOYEES AND PENSIONERS IN ALL RECOGNISED GOVERNMENT AND
PRIVATE HOSPITALS. 
 

22.REVISION OF OVERTIME ALLOWANCE AND NIGHT DUTY ALLOWANCE WITH EFFECT
FROM 01.01.2016 BASED ON 7th CPC PAY SCALES. 
 

23.REJECT STIPULATION OF 7th CPC TO REDUCE THE SALARY TO 80% FOR THE
SECONDLY YEAR OF CHILD CARE LEAVE (CCL) AND RETAIN THE EXISTING
PROVISION 
 

24. COUNTING OF LOSS OF PAY PERIOD (WITH OUT MEDICAL CERTIFICATE) AS
QUALIFYING SERVICE FOR GRANT OF FINANCIAL UPGRADING UNDER MACPS. 
 

25. ENHANCEMENT OF BONUS CEILING LIMIT OF CASUAL LABOURERS CONSEQUENT
ON ENHANCEMENT OF BONUS CALCULATION CEILING OF CENTRAL GOVT EMPLOYEES. 
 
At present , casual labourers are paid Rs. 1200 as maximum bonus. This
amount was fixed when the bonus calculation ceiling of Central Govt.
employees were enhanced to 3500. As the bonus calculation ceiling of
Central Government employees is enhanced to 7000, it is requested that the
ceiling of casual labourers may also be enhanced. 

26. NON-GRANT OF ELIGIBLE PAID WEEKLY OFF AND COMPENSATION FOR NATIONAL
HOLIDAYS TO CASUAL LABOURERS – c/o SALAR JUNG MUSEUM HYDERABAD. 
 
In spite of clear orders from DOP&T , the full time casual labourers
who are working in the Salar Jung Museum Hyderabad under Ministry of
Culture , are not being granted eligible paid weekly off and compensation
for National holidays. Necessary instructions may be issued to the
authorities concerned to implement DOP&T orders in letter and spirit. 

27. GRANT OF CORRESPONDING 7th CPC PAY SCALE TO THOSE OFFICIALS WHO ARE
APPOINTED ON COMPASSIONATE GROUNDS AND DRAWING PRE-REVISED PAY (WITH
OUT GRADE PAY) FOR WANT OF MATRICULATION QUALIFICATION. 
 
As per DOP&T orders , those compassionate appointment candidates who do
not posses 10th standard qualification are to be appointed in
the minimum pay scale (without grade pay) till they acquire 10th standard
qualification. The minimum pay of such candidates fixed as per 6th CPC pay
scale is yet to be revised. Action may be taken to revise the minimum pay
as per 7th CPC recommendations. 

28. GRANT OF PAY SCALE OF DRIVERS OF LOK SABHA SECRETARIAT TO DRIVERS
WORKING IN OTHER CENTRAL GOVT DEPARTMENTS. 
 

29. REVISION OF THE RESTORED ONE – THIRD PENSION AND NOTIONAL FULL
PENSION OF CENTRAL GOVT EMPLOYEES WHO HAVE BEEN PERMANENTLY ABSORBED IN
AUTONOMOUS BODIES AND HAVE DRAWN ONE TIME LUMPSUM TERMINAL BENEFITS
EQUAL TO 100% OF THEIR PENSION AND HAVE GRANTED RESTORATION OF ONE –
THIRD COMMUTTED PORTION OF PENSION. 
 
In the Pension revision orders issued by Department of Pension &
Pensioner’s Welfare on 4th August 2016, it is stated that the
cases of the above mentioned category of Pensioner’s is not covered by the
4th August orders and that orders for regulating pension of such pensioners
will be issued separately. Even though seven months are over, the orders
revising the pension of above category of pensioners is yet to be issued.
Action may be taken to expedite orders. 

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