7th CPC bunching of stages: Fixation of pay of Assistant Secretaries
No. 13020/1/2016-AIS-I (Pt.2)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 10th October, 2016
Office Memorandum
Subject: Fixation of pay of Assistant Secretaries as per recommendations of 7th CPC and bunching thereof.
This Department has been receiving numerous queries regarding application of New Pay Structure as per 7th CPC recommendation to Assistant Secretaries of the 2014 Batch of IAS, currently posted in Government of India.
2. It has already been clarified vide this Department’s OM dated 29.09.2016 that pay of the Assistant Secretaries is required to be fixed in the New Pay Structure as per IAS (Pay) Rules, 2016. It is further informed that bunching of stages in the revised pay structure will be governed as per Proviso (a) to Rule 4A of the IAS (Pay) Rules, 2016 (copy enclosed) and as clarified by Department of Expenditure’s OM dated 7th September, 2016 (copy enclosed).
3. This issues with the approval of Competent Authority.
(Kavitha V. Padmnabhan)
Deputy Secretary to the Govt. of India
7th CPC recommendation – Pay determination in the case of Pre-2016 pensioners. Option No. I. Examination of feasibility
Shiva Gopal Mishra Secretary
National Council (Staff Side) Joint Consulative Machinery for Central Government Employees
No.NC-JCM-2016/7th CPC (Pension)
October 17, 2016
The Secretary ,
Department of Pension & Pensioners Welfare, Govt. of India,
Sardar Patel Bhawan,
New Delhi.
Dear Sir,
Sub: 7th CPC recommendation. Pay determination in the case of Pre-2016 pensioners. Option No. 1. Examination of feasibility.
Ref: Minutes of the meeting of the Committee in F.No. 38/37/2016 P&PW(A)Dated 10th October, 2016
We refer to the discussions held on 6.10.2016 in the matter of feasibility of acting upon the 7th CPC recommendations (Option No. 1) in the matter of pension computation and the minutes circulated under cover of the letter cited. At the outset, we would like to state that the members of the Staff Side, who were associated with the discussions, gained an impression that the Pension Department would not like to implement the recommendation of the 7th CPC concerning Option No. 1 provided to the Pensioners in determination of the revised pension. As has been pointed out by us during the discussions on 6th October, the Government has accepted the said recommendation with a rider of its feasibility of implementation. The attempt, therefore, must be to explore the ways and means of implementing the said recommendation, which benefits a large number of retired personnel, especially those retired prior to 1996. It is, therefore, highly doubtful how any alternate proposal in replacement of the accepted recommendation would be tenable.
We have the matter considered by various Pensioners Associations as also the Federations of the Serving employees. We enumerate here under the feed- back we have received:
Even according to the exercise carried out by the Pension department, only in 18% of the cases, the service Books are reported to have been not available. Conversely it means that in 82% of the cases the records are available to operationalize option No.I . Besides, we find that on the basis of a random scrutiny that only 40% (Percentage varies from Department to Department depending upon the then prevailing career prospects) generally will opt to have pension fixation under the provisions of option No.1. It will work out to hardly 7% of the cases, where Service Books might not be available. As has been pointed out in the last meeting, Gradation/Seniority list is maintained for each Cadre by the Concerned Department, where the date of promotion to the cadre inter alia is indicated.
The said gradation list will reveal many other details viz. the date of birth, date of entry into government service, date of promotion to the present cadre, whether eligible for next promotion, date of superannuation etc. This apart there are several other documents maintained by the Department, which will come in handy for verification of the clam, viz, the pay bills, Establishment files containing promotion orders etc. In other words it is possible to verify the claim of any individual pensioner or family pensioner and take appropriate decision. In other words, there is no infeasibility question at all. It was also pointed out by many organisations that the retention period of Service Books in all major Departments of the Government of India is 5 years after the death of the Pensioner/ Family Pensioner and not 3 years after retirement as indicated by the Official side at the meeting. This apart, it may also be noted that the option has to be exercised by the concerned individual pensioner and he has to make a formal application to the concerned authorities. He is bound to substantiate his claim with documentary proof, whatever that is available with him.
As was pointed out by some of us in the last meeting, the non-implementation of an accepted recommendation on the specious plea of infeasibility will pave way for plethora of litigation. Apart from the administrative difficulties, the Pension Department would be saddled with if such litigations arise, it would be sad and cruel on the part of the Government to compel the pensioners to bear huge financial burden to pursue their case before the courts of law.
In view of this the Staff side is of the firm view that the Government issue orders for implementation of Option No. 1 as there is no room for stating that the recommendation is impossible to be implemented for those who are benefited by the said option.
We are aware that certain anomalies are bound to arise on implementation of option No.1 Anomalies have arisen in the past too. What is needed is to examine those anomalies and ensure that those are genuinely addressed.
It may be noted that even under the present dispensation, no two Government servants are entitled for the same pension despite they being retired on superannuation from the same grade on the same day. The promotion in lower cadres especially Group B, C and D had been few and far between a decade back in many departments and continues to be the same situation in certain organisations of the Government of India. The vacancy based promotion system, one must admit , operates in a fortuitous manner. For no fault of the individual employee, he/she may retire without getting a promotion whereas his colleague due to sheer luck might get the promotion at the fag end of the career. The case of those employees who retired prior to the advent of ACP or MACP is really pathetic. They had to remain in certain departments in the same cadres for years together. They are in receipt of a paltry amount of pension though there is nothing distinguishable in their service careers for such deprivation. To deny them the benefit provided by the 7th CPC on the specious plea that the relevant records are not available with the Government may not only be unreasonable but also will not stand the test of judicial scrutiny .
As we have stated in the meeting, the alternative suggestion put forth by the official side is a welcome feature , for it might be a step in the right direction to remove the anomaly pointed out by the Official side when Option No.1 is implemented and will benefit those pensioners who got their promotion at the fag end of their career.. It is also likely to bring about certain extent of parity, if not full, between the old and the present pensioners. However it cannot be in replacement of the recommendation in respect of Option No.1. made by the 7th CPC. The alternate suggestion of the Pension Department may be offered as another option to the pensioners who are not benefited either by Option No. 1 or 2 recommended by the 7th CPC. Such an option will eliminate to a great extent the anomalies that might arise from the implementation of option No. 1.
In fine, we request that:
The Pensioners / family pensioners may be allowed to choose any one of the following three options;
(a) 2.57 time of the present pension if that is beneficial.
(b) Option No. 1. Recommended by the 7th CPC, if that is beneficial for them.
(c). to determine the Pension on the basis of the suggestion placed by the Pension Department on 6.10.2016
i.e. extension of the benefit of pension determination recommended by the 5th CPC (viz. arriving at notional pay in the 7th CPC by applying formula for pay revision for serving employees in each Pay Commission and consequent pension fixation) to all pre-2016 Pensioners/family pensioners, if that becomes beneficial to them.
No.Misc-14017/14/2016-Estt.(RR)
Government of India
Ministry of Personnel P.G & pensions
Department of Personnel and Training
***
North Block, New Delhi
Dated: 17th Oct, 2016
OFFICE MEMORANDUM
Sub: Recommendations of Seventh CPC with regard to EDP Cadre.
The undersigned is directed to refer to para.7.7.22 of the report of 7th CPC in which it has been suggested to revisit the instructions issued by DoPT in the matter of cadre structure of EDP cadre.
2. In view of the above all Ministries/Departments are requested to furnish information on the following points:
I. Whether EDP cadre is existing, if yes, the hierarchy and the strength in each grade/level thereof;
II. Copy of the existing Recruitment Rules for all the levels.
III. Suggestions, if any, regarding the cadre re-structuring in the cadre.
IV. Comments on the recommendations of 7th CPC.
Railway setting up the Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission’s recommendation
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.PC-VII/2016/DAC/1
New Delhi, dated: 05.10.2016
The General Secretary,
All India Railwaymen’s Federation
4, State Entry Road,
New Delhi — 110055.
The General Secretary
National Federation of Indian Railwaymen,
3.Chemsford Road,
New Delhi – 110055
Dear Sirs,
Sub: – Setting up of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission’s recommendations.
I am directed to say that it has been decided to set up the Departmental Anomalies Committee for Railways consisting of the representative of the Official Side and the Staff Side to settle the anomalies arising out of the 7th Central Pay Commission’s recommendations, subject to the following conditions, namely
1. Definition of Anomaly:-
Anomaly will include following types of cases:-
(a) where the official Side and 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 maximumim of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under pre-revised structure, as notified vide RS(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:-
The Departmental Anomaly Committee for Railways will consist of the representatives of the Official Side and three members each form AIRF and NFIR who are members of the Departmental Council. The composition of the Committee shall be as under:-
Official Side
1. AM(Staff)
(Chairman of the Comrnittee)
2. EDF(E) (Finance Menrber)
3. EDPC-I
4. EDPC-II
5. ED/IR
Staff Side
AIRF
l. Shri Shiva Gopal Mishra
2. Shri Rakhal Das Gupta
3. Shri J. R. Bhosle
NFIR
1. ShriGuman Singh
2. Dr. M. Raghavaiah
3. Dr. R. P. Bhatnagar
3. The National Anomalies Committee appointed under the Department of Personnel & Training’s O.M. No. 11/2/2016-JCA dated 16.08.2016 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 Advisor.
4. The Anomaly Committee shall receive anomalies from Staff Side of the respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its constitution. Any recommendations on the Anomaly Committee to resolve the anomaly shall be subject to approval of Government. 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. The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committee at the National as well as Departmental level.
Extension of 7th Pay Commission benefits to employees and pensioners of Autonomous bodies
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi- 110001
Ref: Confdn/Genl/7th CPC/2016-17
Dated – 14.10.2016
To,
Shri Arun Jaitley
Hon’ble Finance Minister
Government of India
North Block, Central Secretariat
New Delhi – 110001
Respected Sir,
Sub:- Request for Extension of benefits of 7th Central Pay Commission to employees and pensioners of Autonomous bodies.
This letter is written with the most fervent hope that your good self be condescend to intercede on behalf of the employees and pensioners of Central Government Autonomous bodies.
Every time when the wages of the Central Government employees are revised, the same benefits was extended to the employees and pensioners of Autonomous bodies also. During last wage revision in 2008, the orders extending the benefits was issued within one month from the date of notification of Government implementing 6th CPC recommendations. This time, the orders are yet to be issued. This has caused much anxiety and uncertainty among the employees and pensioners of Autonomous bodies and they are eagerly waiting for the last two months.
I request your kind intervention in this case so that orders will be issued at an early date. Yours faithfully,
High Power Committee decisions for running staff duty hours
Railway Order : Recommendations of the High Power Committee to review the duty hours of running staff – Decisions thereof
RBE No. 120/2016
Government of lndia
Ministry of Railways
(Railway Board)
*******
No.E(LL)/2016/HPC/7
New Delhi Dt. 13-10-2016
The General Manager(P),
All Zonal Railways,
Metro Railway, Kolkata.
Sub : Recommendations of the High Power Committee to review the duty hours of running staff – Decisions thereof.
The High Power Committee, constituted to review the duty hours of running staff and other safety related categories, had made its recommendations on various aspects related to working hours of these categories. The recommendations have been duly considered by the Board and in modification of previous instructions on the subject, the following decisions have been taken:-
i) In respect of Loco Pilots (Shunting) who are presently working on fixed roster basis, the existing provisions will continue.
ii) In severe operational exigencies like acts of God, earthquakes, accident, floods, agitations, and equipment failure etc., the Controller should suitably advise the staff that they may be required to work beyond the limits prescribed.
iii) Present classification of running staff under Railway Servants ( Hours of Work & Period of Rest) Rules, 2005, should be maintained.
iv) Subject to exigencies of service, a maximum limit of 125 duty hours per fortnight should be laid down for all Running Staff.
v) The limit of stay away from Head quarters for Running Staff should be fixed at 72 hours.
vi) Continuous night duty for Rucming Staff should be limited to 4 nights with Fourth night towards headquarters.
vii) As regards the duration of outstation rest, there will be no change in the existing provisions.
viii) Call notice period should CC?ntinue to be a part of the headquarter/outstation rest.
ix) There will be no change in the existing provisions for Periodical Rest. However, preference should be given to Periodical Rest for 4 periods of 30 consecutive hours.
x) The principle and period of averaging reckoned for the purpose of payment of Overtime Allowance will continue as per existing guidelines.
2. The existing provisions of the Railways Act, 1989 and Railway Servants (Hours of Work & Period of Rest) Rules, 2005, other than those mentioned above, will continue to,be in vogue .
3.This issues with the concurrence of Finance Directorate of the Ministry of Railways.
Revision of pension of Pre-2006 pensioners (JCOs/ ORs and Commissioned Officers)- delinking of qualifying service of 33 years for revised pension
Office of the Principal CDA(Pensions)
Draupadi Ghat, Allahabad- 211014
Circular No.568
Dated:13.10.2016
To,
1. The Chief Accountant, RBI, Deptt. Of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
2. All CMDs, Public Sector Banks including IDBI Bank
3. Nodal Officers, ICICI/ HDFC/ AXIS/ IDBI Banks
4. Managers, All CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal 6. The PCDA (WC), Chandigarh
7. The CDA (PD), Meerut
8. The CDA, Chennai
9. The Director of Treasuries, All States…
10. The Pay and Accounts Officer, Delhi Administration, RK puram and Tis Hazari, New Delhi 11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12. The Post Master Kathua (J&K)
13. The Pr. Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair
Subject: Revision of pension of Pre-2006 pensioners (JCOs/ ORs and Commissioned Officers)- delinking of qualifying service of 33 years for revised pension.
A copy of GOI, MOD letter No. 1(2)/2016-D(Pen/Pol) dated 30th September 2016 on the above subject is forwarded herewith for information and necessary action which is self explanatory.
2. Prior to issue of the above letter dated 30th September, 2016, the minimum guaranteed pension was revised w.e.f. 01.01.2006 as per GOI, MOD letter No. 17(4)/2008(1)/D(Pen/ Policy) dated 11.11.2008 circulated vide this office Circular No. 397 dated 18.11.2008. Further, it was revised vide this office Circular Nos. 547 dated 11.09.2015 and 548 dated 11.09.2015. Similarly, the minimum guaranteed pension of Ordinary Family Pension was revised vide this office circular Nos. 397 dated 18.11.2008, 494 dated 19.03.2013 and 567 dated 16.09.2016. Now, consequent upon the issue of the above Govt. letter dated 30th September 2016 , the consolidated revised pension/ ordinary family pension of all Pre-2006 Armed Forces pensioners/ Family pensioners w.e.f. 1.1.2006 shall not be less than 50% and 30% respectively of the minimum of the pay in the Pay band plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged/ invalided out/ died including Military Service Pay and ‘X’ group pay, if any, without pro-rata reduction of pension even if they had rendered qualifying service of less than 33 years at the time of retirement.
3. The revised consolidated enhanced rate of Ordinary Family Pension w.e.f. 01.01.2006 (consolidated as per Para-4 of GOI, MOD letter No.17(4)/2008(1)/D(Pen/Policy) dated 11.11.2008) in respect of Pre-2006 Armed Forces Family Pensioners shall not be less than 50% of the minimum of the fitment tables for the rank in the revised pay band.
4. Revised tables indicating minimum guaranteed retiring/ service pension and ordinary family pension have been annexed to this letter as follows:-
Annexure- A for Commissioned officers (Army, Navy, Air Force)
Annexure- B for JCOs/ ORs Pensioners (Army)
Annexure- C for JCOs/ ORs Pensioners (Air Force)
Annexure- D for JCOs/ORs Pensioners (Navy)
5. Pension Disbursing Agencies (PDAs) are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners where the existing pension being paid to the pensioners, is less than the rate of pension indicated in above said annexure.
6. The provisions of above Govt. letter shall take effect form 01.01.2006 and arrears, if any, shall be payable from 01.01.2006. Further, the Pension/ Family pension of the Armed Force Personnel has been revised a number of times in past vide various letters issued by Ministry of Defence, therefore, if pension already revised w.e.f. 01.01.2006, 01.07.2009, 24.09.2012 & 01.07.2014 (OROP) under respective Govt. orders happens to be more than this amount, then Retiring/ Service and Family Pension as per above orders will continue to be paid as basic pension during that period.
7. Prior to issue of above Govt. letter dated 30th September, 2016, this office has issued corrigendum PPOs on the basis of annexures mentioned in previous circulars for revision of minimum guaranteed pension for less than 15 years and 20 years of qualification service for JCOs/ ORs and Officers respectively. Now, consequent upon issue of the above Govt. letter dated 30th September, 2016, the revision of service element for less than 15 years and 20 years of qualification service for PBORs and Officers respectively will also be revised as per this circular only. Therefore, the Annexure for revision of service element as required by previous circulars is not necessary.
8. It is also mentioned that all cases of service element/ service pension in respect of War Injury Pensioners will be revised by the Pension Disbursing Agencies (PDAs). Therefore, the revision claims in respect of War Injury pensioners called for vide this office Circular No. 562 dated 13.06.2016 has been dispensed with henceforth.
9. Further, no table for Hony. Naik, Hony. Havildar and Havildar granted Hony. rank of Nb Subedar has been indicated. It is hereby clarified that since Hony. Rank of Naik, Havildar and Havildar holding Hony rank of Nb Sub are drawing pay in the pay scale of Sepoy, Naik and Havildar respectively, therefore, they are entitled for modified parity with reference to substantive rank held at the time of retirement/ discharge/ invalidment except Naik (TS) who draws the pay of Naik. Naik (TS) should be entitled for modified parity with respect to Naik rank.
10. Provisions of this circular will also be applicable to pensioners of TA and DSC (irrespective of single or dual pension).
11. LTA and Additional Pension will be regulated as per extant orders. 12. All other terms and conditions shall remain unchanged.
The 7th Central Pay Commission (CPC) recommended a slab based system for determining the disability pension for Defence Forces Personnel, which was accepted by the Government. Percentage based system was followed in the 6th CPC regime for calculating disability pension for Defence Forces Personnel as well as Civilians.
Service Headquarters have represented that the percentage based system should be continued under the 7th CPC for calculating disability pension for Defence Services at par with their Civilian counterparts.
The Ministry has referred the representation of the Service Headquarters to the Anomaly Committee of 7th CPC for consideration.
Re-engagement of retired staff on daily remuneration basis
RBE No. 119/2016
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
***
No. E(NG)II/2010/RC-4/6
New Delhi, dated 07.10.2016
The General Manager (P)
All Indian Railways/PUs
Sub: Re-engagement of retired staff on daily remuneration basis in exigencies of services.
****
Attention is invited to this Ministry’s letter of even number dated 31.08.2015 (RBE No. 97 /2015) on the above subject. Keeping in view the acute shortage of staff in various categories of posts and consequent hampering of the Railway’s services, Ministry of Railways (Railway Board) have decided to extend the said scheme, in exigencies of services, for a further period of one year, i.e. up to 14.09.2017, in the same terms & conditions as mentioned in the Board’s letter of even number dated 27.09.2012. While implementing the scheme, General Managers may keep in view the fresh recruitment made in the vacant posts.
This issues with the concurrence of the Finance Directorate of Ministry of Railways (Railway Board).
Receipt of monetary benefits in the form of sitting fees, bonus, share in profits, stock options etc by the employees of CPSEs
F.No. 44011/9(s)/2016-Estt.(B)
GOVT. OF INDIA
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
(Estt. (B) Section)
****
North Block, New Delhi
Dated the 7th October, 2016.
Office Memorandum
Subject: Receipt of monetary benefits in the form of sitting fees, bonus, share in profits, stock options etc by the employees of CPSEs (Including Chief Executive and Functional directors) and Government officers nominated as part-time Directors on the Boards of CPSEs, subsidiary/joint Venture of CPSEs and any other companies”.
The undersigned is directed to say that vide OM No. 2(15)/06- DPE (WC)-GL-XV/08 dated 17.11.2008 (copy enclosed), D/o Public Enterprises has issued clarification regarding “receipt of monetary benefits in the form of sitting fees, bonus, share in profits, stock options etc by the employees of CPSEs (including Chief Executive and Functional directors) and Government officers nominated as part-time Directors on the Boards of CPSEs, subsidiary/Joint Venture of CPSEs and any other companies”.
2. All Ministries/Departments are requested to circulate the said OM of Department of Public Enterprises for wide awareness amongst its officers and also ensure compliance of the instructions.
Encl: As above
(P K Jaiswal)
Under Secretary to the Govt. of India
