Tuesday, 20 March 2018

IDENTIFICATION OF SENSITIVE AND NON-SENSITIVE POSTS IN DEPARTMENT OF POSTS.



Monday, 19 March 2018

Com. Debabrata Mohanty was given a warm reception in Cuttack Rly stn by Comrades of Cuttack RMS and others of Cuttack North Dn and by the Dvl Secy of P4 Cuttack city Dn after being the General Secretary of P-4 Union   of NFPE at 03.00hrs on 19.3.2018 when he came back from the AIC P-4 held at Jaipur (Rajasthan) and joining in CHQs and after attending the AIC of AIPEU - GDS at Allahabad and got down at Cuttack Rly stn today early morning, led by Com. R N Dhal, H. K Mohanty, former Circle Secys and Com. Sapan Ku Mohanty, Asst.C/S of R-3 and C. S, R - 4 Com. A K Mohanty.






DEFINITION OF ANOMALY - DOPT
Setting up of Anomaly Committee to settle the anomalies arising out of the implementation of the Seventh Pay Commissions recommendations - extending the scope of definition regarding.
No.11/ 2/ 2016-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (JCA) Section
North Block New Delhi
Dated the 19 March, 2018
OFFICE MEMORANDUM
Subject: Setting up of Anomaly Committee to settle the anomalies arising out of the implementation of the Seventh Pay Commission's recommendations — extending the scope of definition regarding.
The undersigned is directed to refer to DoPT's Office Memorandum of even number dated 20/02/2017 on the subject as cited above, and to incorporate the following further modification in the definition of what would constitute an anomaly:
"where the amount of revised allowance is less than the existing rate or any other anomaly observed while implementing the revised allowance"
2. With the incorporation of the above para in the OM, the definition of anomaly will read as follows:-
(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;
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.
d) Where the amount of revised allowance is less than the existing rate or any other anomaly observed while implementing the revised allowance
3. The rest of the contents of the OM issued by DoPT under reference no. No.11/2/2016-JCA dated 16.08.2016 shall remain unchanged.

sd/-
(D.K.Sengupta)
Deputy Secretary (JCA)

Saturday, 17 March 2018

PHOTOS OF OPEN SESSION OF ALL INDIA CONFERENCE OF ALL INDIA POSTAL EMPLOYEES UNION GDS AT ALLAHABAD (UP) ON 16 MARCH 2018








7th CPC Minimum Pay and Fitment Factor: Confederation writes to NJCA

CONFEDERATION WRITES TO NJCA LEADERS

Ref: Confdn/Genl/2016-19
Dated – 14.03.2018
To
1. Shri M. Raghavaiyya
Chairman,
National Joint Council of Action of JCM (NC) Staff Side organisations (NJCA) & General Secretary
National Federation of Indian Railwaymen
Leader Staff side NC (JCM)
3, Chelmsford Road, New Delhi – 110055

2. Shri Shiv Gopal Misra
Convenor, NJCA & General Secretary
All India Railwaymen’s Federation (AIRF) & Secretary, Staff side,
National Council (Staff Side) JCM
13- C, Ferozeshah Road, New Delhi – 110001

Dear Comrade,
As you may be aware the Govt. of India, Ministry of Finance, has given the following written reply in Parliament for a question asked to Minister of Finance, regarding our demand – “Increase in Minimum Pay and Fitment Formula”.

Reply given by Minister of state for Finance:

“The minimum pay of Rs.18000/- p.m. and fitment factor of 2.57 are based on the specific recommendations of the 7th Central Pay Commission in the light of the relevant factors taken into account by it. Therefore, no change therein is at present under consideration”.

From the above it is crystal clear that Govt. has gone back from the assurance given on 30.06.2016 by Group of Ministers including Sri Rajnath Singh, Home Minister, Shri Arun Jaitley, Finance Minister and Shri Suresh Prabhan, then Railway Minister, that Minimum Pay and Fitment formula will be increased and for that purpose a High Level Committee will be appointed to submit report within four months.

Now that Govt. has gone back from its assurance, I on behalf of Confederation of Central Govt. Employees & Workers, which is a constituent organisation of NJCA, request you revive our deferred agitational programmes immediately and for that purpose, if necessary, an urgent meeting of the NJCA may be convened.

Awaiting response,

Yours fraternally,

(M. Krishnan)
Secretary General
Mob: 0944768125
Email: mkrishnan6854@gmail.com

Source: Confederation
PERMISSION TO OPT FOR PAY FIXATION IN THE REVISED PAY STRUCTURE ON A DATE AFTER THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016 NOTIFICATION DATED 25.07.2016 DEMAND OF THE JCM NATIONAL COUNCIL STAFF SIDE REJECTED BY GOVERNMENT.


JCM national council, Staff Side, has demanded that under the existing orders the option to come over to revised pay structure from the date of promotion is available only for those employees who are promoted before 25.07.2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on a date after 25.07.2016 (say on 26.07.2016) will be discriminatory. Government has considered the demand and rejected. The following is the reply of the Finance Ministry, Department of Expenditure.


(M. Krishnan)
Secretary General
Confederation
Mob: 09447068125
Email:  mkrishnan6854@gmail.com

DEPARTMENT OF EXPENDITURE VIDE OM DATED 30.08.2017

The position on action taken in respect of item regarding permission to opt for pay fixation in the revised pay structure on a date after the issue of CCS (RP) Rules 2016 (notification on 25.07.2016) in the case of employees whose promotion becomes due after 25.07.2016 is given below:

In the said item the staff side has demanded that under the existing orders the option to come over to revised pay scale from the date of promotion is available only for those employees who are promoted before 25.07.2016, the date of notification of CCS (RP) Rules 2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on 26.07.2016 (one day after the date of notification) and afterwards will be discriminatory.

The revised Pay rules contained in CCS (RP) Rules 2016 are effective from 01.01.2016. A person holding a particular post as on 01.01.2016 has an option to come over to revised pay scale applicable to that post either straight away on 01.01.2016 or from a date later than that such an option is clearly mentioned in provisio 1 and provisio 2 of Rule 5. A combined reading of provisio 1 and provisio 2 to Rule 5 provided that a Government  Servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.

But, in cases where a Government servant has been placed in a higher grade pay or scale between 01.01.2016 and the date of notification of CCS (RP) Rules 2016 on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation.

Therefore the rules provide while in respect of post held by a Government Servant as on 01.01.2016, the concerned Government Servant may elect to come over to revised pay scaleapplicable to that post either from 01.01.2016 or from a date later than 01.01.2016, in case he is promoted to a post not held by him on 01.01.2016 on a date later than that, then he can opt to come over to revised pay scale from the date of promotion provided such promotion takes place between 01.01.2016 and the date of notification. Thus the date of notification of the Rules on 25.07.2016 which are effective from 01.01.2016 is the outer limit for option in cases the option is from date of promotion. The similar was the provisions in the Rules pertaining to the 6th CPC in terms of CCs (RP) Rules 2008. This is the fair and time tested rule, as it seeks to allow option in case of promotion during the retrospective effect of the Rules. There has to be outer date and that date is the date of notification of CCS (RP) Rules 2016, which is objective and of fair application. No such objective date beyond 25.07.2016 could be of fair application.

Accordingly it is not possible to agree to the demand of the staff-side.