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Memorandum by Secretary JCM National Council (Staff Side)

Submitted on 8.4.2008 to Cabinet Secretary Reg. VI Pay Commission

Dear Sir,

As you are aware that the report of the VI CPC has been submitted and there are varied types of commentaries including expression of anger amongst the Central Govt. employees in various parts of the country.

We, staff side members of the National Council JCM have discussed and prepared a note which we are enclosing herewith.

We will like to request you to kindly advise Secretary DOPIT who is also the Chairman of the Standing Committee (NC-JCM) to call the meeting of the Standing Committee to discuss all these matters in presence of Secretary (Expenditure) and others concerned.

I have met the Secretary (Expenditure) who has kindly clarified certain issues. This has gone a long way in proper understanding of the issues involved.

An early action would help clear the atmosphere.

 

Thanking you,

Umraomal Purohit

Secretary.

 

 

Modification proposed by JCM (Staff Side) to be made to the report of the 6th CPC

 

1. A. The minimum wage

The computation of minimum wage of the 6th CPC is not acceptable for the following reasons in brief:

i. Prices applied for various commodities (included in the basket) is the wholesale price as increased by 20% which is not the norms prescribed by the 15 ILC 

ii. The exclusion of 25% for meeting expenditure connected with social obligation like marriage, education of children, recreational needs etc., is on the untenable grounds. iii. The exclusion of 10% for the housing requirement (on the ground that HRA is given separately) is not correct as HRA is not a full reimbursement of the expenses incurred by the employee.

If these corrections are carried out the need based minimum wage will be what is computed by the staff side,

B. Even as per the formulation adopted by the 5th CPC the minimum wage works out to R's.7400 i.e, by application of the percentage increase of the net national product which comes to 56.2%.

C. The Commission, without assigning any reason has rejected the demand of the staff side for parity in the minimum wage with what is obtaining in certain specified public sector undertakings.

D. For the above reasons, the minimum wage need to be worked out afresh and the same reflected in all the pay bands appropriately by applying the resultant multiplication factor as was done by the 5th CPC.

2. Fitment formula

Rejection of point to point fixation, (which is normally adopted by the PSUs in their wage revisions as fitment formula) is for no sound reason. There is no 40% hike as propagated by the Commission. By withdrawing the benefit of merger of DA the actual rise is between the' 15 to 28%. Our demand in this connection is as under:-

 

(a) The merged portion of the DA should be taken into account to arrive at the revised basic pay and Grade Pay in each case.

 

(b) Since quite a number of pay scales have been merged' together (especially in Gr.B and C cadres) the senior employees who were in higher scales of pay and who ~ have put in large number of years of service progressively get reduced benefits.

(c) Taking these two factors into account we suggest that the fitment formula as suggested by the Commission may be amended to incorporate the following:

"subject to the condition that the pay and grade pay so fixed is not less than 2.625_times of the pre-revised basic pay."

 

The multiplication factor of 2.625 is the same as is applied in the case of the entry I grade pay band and grade pay in the case of Gr.-A officers. This clause will make good the loss of benefit one might suffer due to the exclusion of the DP from the computation process of fitment formula.

3. Rate of increment

(a) The rate of increment suggested by the CPC is to be raised to 3.5% for the

following reasons: -

(i) The 2.5% is below the existing rate of increment in many grades.

(ii) Due to the compounding factor, over a period of ten years, this might rise to 4.5% still less than the prevailing rate of increment in the PSUs which is 5% and above.

(b) The condition prescribed i.e. to have a minimum six months for applying the uniform-date of increment must be done away with, as it is only to applied in the initial year.

4. Transport allowance

The recommendation of the Commission is to be subsume the CCA in the Transport allowance and raise the existing Transport allowance by 4 times. This has reduced the proportionate benefit to certain grades and categories of employees. We make the following suggestions:

(a) Since the CCA has been subsumed in this allowance, no condition should be imposed for the grant of this allowance.

(b) Taking into account that some of the employees might get reduced benefit from the across the board rise at the rate of 4 times, the following rates may be applied.

 

Employees drawing grade pay

A-1/A class cities

Others

Rs.5400 and above

RS.3200+ DA

RS.2400+DA

Rs.4200-4800

RS.2400+DA

Rs.1800+DA

RS.Below Rs.4200

RS.1600+DA

RS.1200+DA

5. Fixation of pay on Promotion

 

In the present scheme of things, wherein many grades have been merged under one single Pay band, promotion will not bring about any significant rise in emoluments. The benefit will be very insignificant in the case of promotion from one grade to another where the grade pay is one and the same. In that case the one increment benefit will be less than even what is obtaining today. We suggest to incorporate the following clause to take care of this situation.

 

"the pay plus grade pay so fixed on promotion shall not be less than 10% of pay plus grade pay the individual was drawing in the feeder cadre."

 

6. Allowance and benefits withdrawn

Certain allowances and benefits have been withdrawn to be replaced with a new scheme. The New scheme will have to be formulated on the basis of discussion/ agreement in the National/Departmental Council as the case may. Till such agreement is reached the old scheme of allowances and benefits will continue to be operated relating to the revised basic pay and grade pay.

 

7. Special duty allowance of North Eastern Region:

We hope that the SDA will now become available for all employees working in the North Eastern 'Region. However, we feel that it is likely that the phraseology employed in detailing the scheme is capable of misinterpretation giving room for further discrimination amongst the employees posted in N.E. Region. This may therefore, be appropriately clarified to mean that the employees and officers working in North Eastern Region is entitled to draw this allowance.

The rates of daily allowance which include the following elements, viz. food, conveyance and accommodation suggested by the Commission to the officers other than Gr.-A is extremely meager and would not go to meet the expenditure involved. We suggest the following amendment.

The rates prescribed for grade pay of Rs.4200 to 4800 and below Rs.4200 may be replaced with the following.

Rs.4200 to 4800- Reimbursement of hotel accommodation of upto RS.1 000 per day reimbursement of travel charges upto RS.150 per diem for travel within the city and reimbursement of food not exceeding RS.200 per day.

Below Rs.4200- Reimbursement of hotel accommodation of upto RS.700 per day reim­bursement of travel charges upto Rs.150 per diem for travel within the city and reimbursement of food not exceeding RS.200 per day.

9. Promotion ACP Scheme

The scheme should be improved to provide three promotion at the intervals of ten, twenty and twenty five years of service.

10. Inappropriate rationalization

There is a great deal of resentment over the rationalization of the scales of pay of S9 to S12. The grievances in this regard must be addressed by appropriate decisions.

11.Pension

The Staff Side appreciates the acceptance of some of its suggestions for improving the pension of the old pensioners by the Commission. However, we feel the following amendment is needed in the case of pensioners.

(a) The minimum. pension must be the minimum of the PB.1 with grade pay

(b) The 5th CPC suggestion to refix the pension on the basis of the notional pay as on 1.1.96 is to be implemented. The pension entitlement has to be worked out on that basis. The new commutation table to be applied only prospectively

(c) The restoration of commuted value of pension should be on completion of 12 years.

 

12.  Fast Track Committee

There are cases like the Master Craftsmen, where the existing pay scales have been reduced to a lower scale. To consider these types of cases, a fast track committee may be set up.

 

13.  Anomalies

There are certain anomalies arising from the disturbance of vertical and horizontal relativities etc. For quick and time bound disposal of these anomalies a Joint Committee of the National Council JCM with the participation of the Secretaries of all concerned Ministries should be constituted.

 

14.  Grameen Dak Sewaks

Grameen'Dak Sewaks are employed by the Postal Department. They constitute the largest segment of the workforce of the Postal organization. We suggest that the pay, allowance, pension and other benefits in their case should be proportionately that is suggested to the regular civilian employees. Since the-Group' D. Cadres have been abolished, they may be promoted/absorbed/regularized in Group C cadres in the same manner provided. for matriculate/non matriculate regular Group D employees.


 

Meeting with Department of Pension and Pensioners Welfare

 

JCM Note for Improvements/Modifications of Pensionary Benefits

 

Shri Umraomal Purohit, Secretary, Staff Side, National Council, JCM for Central Government Employees, accompanied by Shri S.K. Vyas, Coordinating Secretary, NCCP and other important leaders of Pensioners' Organizations held a meeting with the Secretary, Department of Pension & Pensioners Welfare, Government of India, New Delhi on 15.4.2008 and apprised him of their views about recommendations of Sixth Central Pay Commission on Pension & Pensioners.

 

Later on, Shri Umraomal Purohit, Secretary, Staff Side submitted a note to the Secretary, Department of Pension & Pensioners Welfare seeking improvements/modifications in Pay Commission's recommendations on Pension & Pensioners, as under:

 

Note seeking improvements/modifications in recommendations of VI CPC on Pension & Pensioners

 

A. Quantum of Pension

I. Employees organisations & Pensioners Organisations had demanded 60% of the average emoluments/emolument last drawn whichever is higher/more beneficial as pension on superannuation/retirement.

 

This demand was based on the fact that in neighbouring countries like Bangladesh etc. the rate of pension is higher as under:-

 

Bangladesh- 60% without any contribution from the employees

Myanmar- 60% without any contribution from the employees

Pakistan- 70% without any contribution from the employees

 (Vide Para 132.4 of V CRC Report page 1773)

 

The VI CPC has not recommended any change in the present rate of pension which is payable at 50% of emoluments on completion of minimum prescribed years of qualifying service.

 

We submit that raising this rate to 60% of emoluments may kindly be considered. II. The VI CPC has taken into account the fact that older pensioners require a better deal because their needs, especially those relating to health, increase with age. The Commission has recommended additional quantum of pension on attaining age of

80 years @ 20% of basic pension

85 years @ 30% of basic pension

90 years @ 40% of basic pension

95 years @ 50% of basic pension

100 years @ 100% of basic pension

We submitted that additional quantum of pension should be granted on

attaining 75 years of age & onwards as under:-

75 years @ 20% of basic pension

80 years @ 30% ()f basic pension

85 years @ 40% of basic pension

90 years @ 50% of basic pension

95 years @ 75% of basic pension

100 years @ 100% of basic pension

B.Qualifying service for full pension

The VI CPC has recommended that full pension (i.e. 50% of emoluments) should be paid once the employee renders minimum of 20 years of pensionable/qualifying service.

 

Advantage of the above recommendation will not doubt be taken by such employees who have more lucrative jobs awaiting them like in spheres of power, shipping, construction, telecom etc. Since for most of the employees such alternate and more lucrative career opportunities are seldom available, they will stay on to complete their tenure till they reach the age of superannuation. It is also necessary that a large scale wholesale exodus does not take place. For this reason as well the service after minimum 20 years of service should continue to be pensionable disregarding the fact their pay will increase alongwith their tenure making them entitled to little higher pension.

 

We therefore suggest that for each year of additional service after minimum of 20 years of pensionable service, an additional pension @ 2% of emoluments per annum may be provided over and above present full pension of 50% of emoluments.

 

Commutation of part pension

The VI CPC has recommended a revised Commutation Table to be used for purpose of commuting pension. It has also observed that till such time the above revised table is revised there may not be any justification for decreasing the period of restoration which is 15 years.

 

We submit that the period of 15 years may be revised to 12 years even in respect of employees who have been granted commutation as per the existing commutation table. This is insisted upon because the amount of commutation paid is fully recovered in a period of 12 years. This can be illustrated by the following example:-

 

Age next birth day=61 years

 

Details  
Commutation factor 9.81
Amount commuted Rs. 100
Commuted value paid Rs.11,772/­
Amount recovered in 12 years Rs.14,400/­
Amount recovered in 15 years Rs.18,000/-
Excess Amt. Recovered in 12 years-representing interest on decreasing principal Rs. 2,628/-
Excess recovered in 15 years Rs. 6,228/-

Since the revised commutation table has a commutation factor of 8.971 at age 46 (i.e. after 20 years of service) &8.194 at age of 61, the amount payable will still be less.  

Taking these factors into account, we propose that commuted portion of pension may be restored after 12 years.

C. Family Pension

The Sixth Pay Commission has recommended that only in case of Govt. employees dying in harness, family pension may be paid at enhanced rates (i.e. the pension which the employee would have got) for a period of 10 years. In case the employee dies after his retirement, enhanced family pension shall continue to be granted for 7 years only.

 

This is discriminatory recommendation. In the case of Govt. employee dying after his retirement, the enhanced family pension may be granted for 10 years.

 

Additional quantum of family pension may also be provided at the rates indicated in respect of pensioners on attaining 75 years of age and thereafter for the few who manage to live on.

Ex-gratia over & above pension

VI CPC has recommended exgratia of 10 lakhs in case of death occurring due to accidents in course of performance of duty and to RS.15 lakhs in case of death occurring due to army action in International Wars etc.

 

We suggest that exgratia of 15 lakhs may also be granted in case of death due to accident as well since death under tragic circumstances is attendant with agony anguish pain and uncertainties. We should avoid unintended discrimination.

Parity in Pension

The main demand of the past pensioners was for full parity in pension to those who have retired during the period from 1.1.1986 onwards. The V CPC in Para 137.13 (PP 1830) has observed as under:-

 

"While it is desirable to grant complete parity in pension to all past pensioners irrespective of the date of their retirement, this may not be feasible straightaway as the financial implications would be considerable. The pr9cess of bridging the gap in pension of past pensioners (Pre 1986 pensioners) has already been set in motion by the Fourth CPC when past pensioners were granted additional relief in addition to consolidation of their pension. This process of attainment of- reasonable parity needs to be commuted so as to achieve complete parity over a period of time."

In Paras 137.13 and .14 of their Report the V CPC stated that as follow-up of our basic objective of parity, we would recommend that pension of all the Pre 1986 retirees may be updated by notional fixation of their pay as on 1.1.86 by adopting the same formula as for the serving employees. This step would bring all the past pensioners to a common platform or on the IV CPC pay scales as on 1.1.86. Thereafter, all these pre 1986 pensioners can be treated alike in regard to consolidation of their pension as on 1.1.96 by allowing the same fitment weightage as may be allowed to the serving employees.

It was, therefore, expected that VI CPC will adopt the similar procedure at least in respect of all pre-1996 retirees, if not pre 2006 retirees but this has not been done. The result is that therefore: the pre 1996 retirees i.e. one below Pay Commission would get less pension than post 1996 retirees.

We request that this disparity in pension may be removed by adopting same procedure which was implemented in respect of pre 1986 retirees for pre 1996 retirees.

Fitment Benefit to the past pensioners

The VI CPC has allowed fitment benefit equal to 40% of pension excluding the effect of merger of 50% Dearness Relief. The result is that net increase in the Pension+DR is merely 28% of basic pension which is quite inadequate.

 

We therefore propose that revised pension should be determined by multiplying the pre revised basic pension with 2.625 which is the minimum multiplying factor in respect of Group 'A' PB-3 pay band. This fitment benefit has been demanded by the Serving Employees Organisations in respect of serving employees as well. Hence this multiplying factor may be extended to pensioners also.

Medicare for Pensioners

I. We demand that C.G.H.S. may be expanded to cover other cities as well or alternatively CS(MA) Rules, 1944 may be suitably modified to cover pensioners who have settled in stations not covered by the CGHS. The Health Insurance should be an optional' alternative and not made compulsory as and when introduced. The AMAs under CS(MA) Rules can act on CGHS OPD advisor at that place i.e. where no dispensary exists. Thus the present left out pensioners will be, brought under CGHS.

 

II. Fixed Medical Allowance of RS.100 in lieu of OPD treatment was sanctioned on the basis of recommendations of V CPC. The VI CPC has, however, not revised this allowance and left it to Govt. to revise it. We demand that F.M.A. @Rs.5001- p.m. may be sanctioned to all pensioners until such time that they are covered under CA(MA) Rules, 1944 on out side the jurisdiction of CGHS dispensary. All Postal pensioners may also be made eligible for CGHS/FMA etc. The fact that the offending letter has been quashed and set aside has been ignored by the VI CPC.

Ex-gratia to CPF/SRPF retirees

The VI CPC has not revised the scheme of payment of ex-gratia. This has also not been granted to those CPF/SRPF retirees who after having rendered 20 years of service had voluntarily retired or were retired on invalidation. These retirees may also be granted ex-gratia.

 

Whereas SRPF retirees have been granted option to come over to pension scheme 12 times during the period from 1957 to 1986, no such option excepting the one given in 1987 has been granted to CPF retirees of Organisations like Atomic Energy Commission etc. - on the ground that it took these employees time to understand that pension scheme was more favourable than CPF scheme. As a matter of fact all these employees should have been given a default option for pension.

Minimum Pension

VI CPC has fixed 50% of Rs.6,660/- (Pre revised pay scale of Rs.2750-4000) i.e. Rs.3,330/- as minimum pension.

No one retires at the minimum wage. As full pension is now admissible after rendering 20 years of service, we demand that the minimum pension should be 50% of pay in pre-revised pay scale of RS.2750-4000 (revised pay scale of 4860­20200+Rs.1800) after rendering 20 years of service.

In the 20th year, pay of the employee in the revised pay scale of RS.4860­20200+Rs.1800/- at the variable rate of 2.5% p.a. as increment works out to RS.1 0,647/ -. As such the minimum pension should be 50% of Rs.10,647/- i.e. RS.5324/- p.m. instead of Rs.3,330 as adopted by VI CPC in their tables.

S.S. Ramachandran/ Chairman

Shyam Sunder Convenor

S.K. Vyas Coordinating Secretary

NCCP Bharat Central Pensioners Confederation

 
 

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