Wednesday, January 27, 2016
Wednesday, January 20, 2016
Continuing with the Agitational programme as per the call given by the Confederation, the ITEF, Mumbai Circle will hold the Dharna programme on 21.1.2016 culminating in a masive rally of Central Govt. employees at Azad Maidan. We call upon all the members to join the programme so as to send a strong signal to the authorities that unless the demands on the 7th CPC are not met the CG employees are not going to withdraw from the path of agitation. The Rally will be a bugle call for the ensuing Indefenite Strike action proposed from the 1t week of March if the 7th CPC recommendations are not amended and implemented.
ITEF - Zindabad! Confederation - Zindabad! NJCA - Zindabad!
Saturday, January 16, 2016
CONSTITUTION OF AN EMPOWERED COMMITTEE OF SECRETARIES TO PROCESS THE RECOMMENDATIONS OF THE 7TH CENTRAL PAY COMMISSION
The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its approval for setting up an Empowered Committee of Secretaries under the Chairmanship of Cabinet Secretary, in order to process the recommendations of 7th Central Pay Commission (CPC) in an overall perspective.
The Empowered Committee of Secretaries will function as a Screening Committee to process the recommendations with regard to all relevant factors of the 7th CPC in an expeditious detailed and holistic fashion.
(Release ID :134425) (PIB 13.01.2016)
(Release ID :134425) (PIB 13.01.2016)
Thursday, December 31, 2015
Pr. Chief Commissioner of Income Tax,
Sub: Implementation of Aadhar Enabled Biometric Attendance –reg.
The department is in the process of implementing the Aadhar Enabled Biometric Attendance System in Mumbai. We had in the meeting of the Committee for implementation of Aadhar Enabled Biometric Attendance System on 17.12.2015 had expressed various problems being faced by the employees which need to be taken in to consideration before implementing the same. While fully supporting the efforts of the administration in ensuring punctuality in the office, the peculiar situation prevailing in the city of Mumbai needs to be factored-into while implementing the Bio-metric attendance system. In this regard we would like to place the following facts for your kind perusal and consideration.
1. Nearly 90% of the staff members of the department are staying in Eastern and Western suburbs of Mumbai and has to travel 70-80 k.m. a day to reach office and back. Some of them travel from as far as Pune and Dahanu. They are dependent on the Suburban trains and many a time the trains are late due to various problems. Consequent to implementation of the Biometric attendance system in most of the offices in the city, the trains are too overcrowded and have led to commuters falling out of the trains leading to their death. This has also been noted by the Hon’ble High Court of Mumbai and it has suggested flexi timings with the observation that human lives are more precious than punctuality.
2. In the Income Tax Department cadres like Inspectors and Notice Servers have to undertake outdoor duties which are of urgent and important nature for which they have to go directly from home to serve notices or for enquiry. Naturally, they may not be in a position to register their attendance in the morning even though they are on duty. Once the biometric attendance system is introduced they will have to register their presence after coming to office and again they will have to come back to office to register their exit even if the person is at a distant suburb on official duty of inquiry etc., which involve unnecessary travelling.
3. The Officers and Staff members who are on search operations have to report to duty in the morning as early as 6.00 a.m. and the action continues for 2-3 days or even more. Subsequently they are given a days off immediately after the search operation is concluded. This hold good for the Survey action also. This is peculiar to the Income tax department and the biometric attendance system will be an impediment.
4. Further, the staff members and officers are working beyond office hours and also on Saturdays and Sundays and holidays from July to the end of the Financial Year for completing the time barring assessment and also to meet the revenue collection targets fixed by the Govt. Many of them do not even avail of their holidays due to work pressure.
5. The ultimate result of the implementation of the bio-metric attendance system will be that the staff members will be entering the office at the specified time after going through harrowing train travel and naturally prefer to leave office at the designated time rather than put extra hours of work to clear the time-barring work or for meeting the revenue collection targets. Further they will prefer to enjoy their holidays rather than straining in attending the office on holidays to clear the work-load as is the case today. It needs no mention here that the department is working and also meeting revenue collection targets in spite of the fact that there is an acute shortage of staff in the department.
The main purpose of introducing the bio-metric system is to bring about punctuality the ultimate aim of which is increased productivity. However, if we take a realistic look at the above facts it can be seen that as far as the Income Tax department is concerned this will have an adverse impact in as much as a tired and strained workforce will be reluctant to shoulder additional work burden.
It is therefore requested to kindly take up the matter with the authorities including the CBDT and FM to consider all the implications before the biometric attendance system is introduced in the Income Tax Department in Mumbai. Till then the implementation of the same may be put on hold.
Ravindran B Nair
Copy to : The Chairman
Aadhar Enabled Biometric Attendance Committee
Income Tax Department, Mumbai.
Monday, December 14, 2015
JOINT COUNCIL OF ACTION
INCOME TAX EMPLOYEES FEDERATION &
INCOME TAX GAZETTED OFFICERS’ ASSOCIATION
A-2/95, Manishinath Bhawan, Rajouri Garden, New Delhi-110 027
Joint Convenors :
Rupak Sarkar Bhaskar Bhattacharya
No. N-1/2015-16 Dated: 14th December, 2015
The Central Board of Direct Taxes,
We submit herewith our suggestions/ demands on the recommendations of the 7th CPC in two parts. Part A pertains to the issues specific to the personnel in the Income tax Department and Part B concerning the issues of all Central Government employees. It is to be mentioned here that Part B is in line with the suggestions made by the Staff Side of the JCM National Council to the Cabinet Secretary on 11.12.2015.
Part A. (i)
We detail hereunder the anomalies in assigning the pay levels to certain categories of the employees and officers by the 7th CPC. The categories are:
1. Tax Assistants
2. Income Tax Inspectors
3. Income Tax Officers
4. Administrative Officer & Private Secretary
1. Tax Assistants.
The 6th CPC had assigned the Tax Assistants in Income tax Department the Grade Pay of Rs 2400/= in PB. 2. The Auditors and /Accountants in IA& AD and other Accounting organizations, viz Defence Accounts. Civil A/c, Railway Accounts, Postal Accounts etc, were assigned the Grade Pay of Rs. 2800/- The nomenclature for the present Tax Assistants was UDC earlier and for the same grade in Indian and Audit Department and other Accounting Organisations are Accountants/Auditors. Both the cadres i.e. the UDC/Tax Assistants in Income tax Department and the Accountants/Auditors in IA & AD and other accounting organisations were in the same pay scale all along till the Government revised the pay scale of Accountants in 2003 i.e. during the period the 5th CPC pay scales were in operation. The said order a copy of which is enclosed was an executive fiat of the Government of India. It could be seen from the enclosed order that the demand of the Accounting Employees were considered and conceded by the Government to bring about parity of pay scales between the Accounting organisations and the Cadres of the Central Secretariat. However, when the orders were issued, the Auditors and Accountants were given a higher pay scale than even the UDCs in the Central Secretariat, thereby disturbing the horizontal relativity between the cadres in the Government of India Departments. We give here under a chart depicting the Pay Scales assigned by the successive Pay Commissions to the UDCs of various Government of India offices including the IA &AD. But for the upgradation of the pay scale effected in 2003, for which we have not been to make out any reasons, the pay scales of the Tax Assistants and the Accountants/Auditors would have remained identical and the same. Aggrieved by this unilateral decision of the Department of Expenditure, Ministry of Finance, the JCA took up the issue with the Government bilaterally and through the forum of the Departmental Council. However, no decision was taken on the specious plea that the Government having set up the 6th CPC would not like to go into the matter but would refer the matter to the 6th CPC. The 6th CPC did not go into the merit of the issue at all. They simply assigned the replacement scales in the form of PB2 and Grade pay of Rs. 2400 for Tax Assistant and for Accountant/Auditor, the Grade Pay assigned was Rs. 2800. The JCA has taken up the matter with the Government in the Departmental anomaly Committee where the matter was discussed twice but no conclusions could be reached. The anomaly committee did not meet thereafter and the issue was made to pond indefinitely. Had the Government recorded disagreement in the Anomaly Committee meeting, the issue could have been got settled before the Arbitrator. The doors of negotiation were shut by not convening the meeting of the Departmental Council or the Anomaly Committee for ever. The JCA took up the matter before the 7th CPC but they rejected the demand on the erroneous contention that there had been no horizontal parity or relativity between the UDCs of the Income tax Department (TAs) and Auditor/ Accountants in AG & AD and other Accounting organizations. The Tax Assistant in Income Tax Department must, therefore be assigned the Level Pay suggested by the 7th CPC in the Place of GP Rs. 2800.
This apart, it must be mentioned that Auditor, Accountant and Tax Assistants are recruited through SSC on passing the Graduate Level Examination. It can be seen that the recruitment qualification stipulated for all these cadres are one and the same. Having been recruited through the same agency and the through the same examination, these categories of employees are to be placed in the same scale of pay or grade pay or pay level. The 5th Central Pay Commission had enunciated this dictum while upgrading certain cadres in certain department. Ever since, this has been followed by the Government. Even in the case of organised Group A Services and the All India cadres (vz. IAS. IFS. IPS etc) who are recruited through the Civil Service Examination are all assigned the same pay scale/Grade Pay/Pay level in the beginning.
2. Inspectors of Income Tax
The 5th CPC had suggested Rs 1640-2900 as the Pay scale for Inspectors of Income Tax, where as it had assigned the Pay Scale of Rs 2000-3200 for Inspectors of IB and CBI, thereby disturbing the parity that was all along in existence. There had been no valid reasoning advanced by the 5th CPC for making this recommendation. This was agitated before the Government by the JCA as also by the Inspectors of Central Excise and Customs. The Inspectors of Central Excise approached the Central Administrative Tribunal to set aside the irrational decision of the 5th CPC. The Court after hearing the case directed the Government that they must consider the plea as there was sufficient reason and force in the contention of the applicant, The Government setup a high power committee and after long deliberations, the issue was finally settled by issuance of an the order, in F.No.6/37/98-IC dated 21.04.2004, whereby the Inspectors of Income tax, Central Excise and Customs were granted the Pay Scale of Rs 2000-3200 on par with the Inspectors of CBI and IB. The present nomenclature of Inspectors of IB is ACIO Grade I. The 6th CPC again disturbed the said parity by placing the Inspector of IB and CBI on a higher pedestal by granting them Grade Pay of Rs 4600/- where as the Inspector of Income tax, Central Excise and Customs were kept in the GP 4200/-. The anomaly was set right by the Implementation Committee of the Department of Expenditure, Ministry of Finance granting parity in the pay scales by upgrading the Grade Pay to Rs. 4600 in the case of Inspectors of Income Tax, Central Excise and Customs.
The 7th CPC has again disturbed the said parity by providing higher Pay Level to the Inspectors of IB and CBI. They have been placed in the Pay Level equivalent to Grade Pay 4800, whereas the Inspectors of Income Tax and Central Excise and Customs have been assigned the normal replacement pay level of GP Rs. 4600. The 7th CPC has recommended the higher pay level to the Inspectors of IB (nomenclature as ACIO Grade I) and Inspectors of CBI to bring parity in their pay level with that of the Inspectors of CPMF. In the process the Commission did not look into the horizontal relativity and parity in pay scales that was in existence for long and corrected whenever it was disturbed. We consider this as an inadvertent aberration, which requires to be corrected as was done both after the 5th and 6th CPC. We give hereunder the table depicting the Pay Scale of Inspectors of IT, CBI and ACIO-I of IB.
3. Income Tax Officers:
The Income tax Officers are the immediate supervisory officers in the case of Income Tax Inspectors. The Inspectors are to report to the Income Tax Officers (ITO) on all matters and especially of the specific functions entrusted to them. They are assigned the status of a Group B Gazetted Officer in the Department and are entrusted with various functions including assessment.
An ITO has the largest spectrum of job profile under his belt across all Central Government Group B officers. An ITO as an assessing officer (80% of assessing officers in Income Tax Department are ITOs) acts as a quasi-judicial authority (undertaking the work of a judicial officer or a judge), an investigator as well as law enforcing officer (undertaking the work of a Police Officer), a Pleader as well as Solicitor (discharging the duty of a law officer in MOL), an Accountant as well as an Auditor(performing the duty of an officer of Audit & Accounts Service), a Service Provider to Tax Payers (parallel may be drawn to job profile of the officers of any Social Sector Service Providing Department)and last but not the least an Administrator (heading an independent office thus acting just like a Central Secretariat Officer). The submission of the JCA before the 7th Pay Commission was based on substances. In the submission of the JCA, it has been categorically tired to impress upon that as ITOs discharge most complicated and widest range of duties (including the most precious job of decision making), they deserve the best across all Group B officers.
Drawing parity with the officers of IA&AD has been only illustrative. Or it can be put in this manner that certain comparisons/ parities were mentioned only considering the parity obsession of consecutive CPCs. Unfortunately, Pay Commission did certain routine parity analysis and rejected the claim summarily. Pay Commission has clearly failed to apprise that the parity with the officers of IA&AD had been restored by either the High Power Committee or Department of Expenditure and they are no lesser/inferior authority to Pay Commission, being a recommending authority, so far as implementation of revision of pay scale is concerned.
Moreover, the Inspectors are to be classified as Group B. non gazetted and Non ministerial executive. In view of the functions and responsibilities assigned and the hierarchical status of Income Tax Officers, the question of placing both the cadre in the same pay level cannot arise. Once the pay level of Income Tax Inspectors is raised conceding the demand for parity with the Inspectors of IB and CBI, the pay level of Income Tax Officers, which is presently in the replacement of the Grade Pay of Rs. 4800 will have to be raised to the next stage i.e. the replacement level of the Grade Pay of Rs. 5400 in PB. 2. This is also required to be addressed to bring about the vertical relativity between the Inspectors and Income-tax Officers. It may be mentioned that presently the Income Tax Officers, after completion of 4 years of service is placed in the Pay level equivalent to the Grade Pay of Rs. 5400 in PB 2.
4. AO/PS CADRES
In the submission of the JCA, one demand was very much in common that is PB-2, GP-5400 for entry grade of all Group B Gazetted officers. This is for the first time that any CPC has even not bothered to mention this common cadre in its report (that means only replacement scale of PB 2 GP 4600 for our AO-PS cadres). It will be appreciated that this “Common Cadre” tag has so far been instrumental against these cadres in Income Tax Department to be deprived from the facilities of Laptop and Data Card. But such is the misfortune that when the matter of pay comes, then there is nothing common across the Departments. In our submission, we pointed out the pay scales of CSS & CSSSS and various other departments. We also pointed out that AO Grade-III cadre in Railways had successfully won the case upto the Hon’ble Supreme Court for the claim of PB 2 GP-4800, but none has taken note of the development for implementing the same in Income Tax Department.
In the report of Cadre Restructuring Committee, submitted in 2009, there were matching 4 tiers for AO-PS cadres (AO Gr III-AO Gr-II-AO Gr-I –Sr.AO or Pr. AO and PS-Sr.PS-PPS-Sr.PPS) commensurate with the proposed four tiers of CIT-Pr.CIT-CCIT-Pr. CCIT. Where the latter was clinched, the proposal for AO-PS had eventually been rejected by the DoE.
CPC has recommended to review the CRC of Income Tax Department. So it is the appropriate opportunity to revive the original proposal regarding AO-PS cadres as well as bring them the PB-2 GP-5400 replacement pay scale at their entry grade for maintaining pay parity among so called common cadre across the departments in particular and across the Group B officers in general.
i) There was no specific mention of whether the automatic upgradation after 4 years in case of ITOs would continue or not. Though we demand for the PB 2 GP 5400 replacement scale for the ITOs, but in the present situation, that should specifically be mentioned.
ii) It was demanded to decrease the huge jump from JAG to SAG. Though it was artificially tried to decrease by the CPC, still the jump between the JAG and SAG remain the highest for any promotion. We demand the higher increase in the promotion from STS to JAG and not in the upgradation from JAG to SAG.
iii) The demand of the JCA regarding direct entry to STS was rejected by CPC showing normal entry in IRS, feeder cadre for Gr. A direct entry etc. we also mentioned the other departments where this practices being followed. But it didn’t explain why it couldn’t be applied to us.
We have all along demanded that consecutive CPCs have been biased against twin wings of DOR, i.e. CBDT or CBEC (the oblique derogatory reference of 5th CPC towards Customs Preventive Officer or illogical rejection of all demands summarily, to mention a few). But the CPC has recommended to review the CRC, 2013 and the JCA demands that the JTS/STS level has to be enlarged according to the functional requirement of the Department. An enlarged cadres of ACIT/DCIT was originally been proposed in the CRC, but was reduced to 1/3rd of it during the process of sanctioning by different authorities in between. The posts in ACIT/DCIT cadres originally proposed by the Department in the CRC proposal have to be revived and sanctioned, for all functional requirements and also to maintain the DoPT approved proportion of higher level Gr. A posts.
(a) Modified Assured Career progression.
The VII CPC has recommended granting the MACP on the basis of the department specific hierarchy. While we welcome this decision, their suggestions to treat the MACP as normal and regular promotion based upon the concerned recruitment rules and to raise the bench mark to very good etc. are not acceptable. The purpose of the introduction of ACP by the 5th CPC and MACP by the 6th CPC was to provide the benefit of financial up-gradation for those employees who could not get regular promotion even after working in the feeder cadre for ten years and more. The recommendations of the 7th CPC in the matter would defeat the very purpose with which it was introduced. We suggest that the MACP must be provided to the employees every ten year of the service of an individual employee, provided he was not able to get his regular promotion either for want of vacancies or for any other reason. In Income tax Department, promotion from one cadre to another is governed by the stipulation of passing the Departmental Examination. The Examination is meant for (i) accelerated promotion for truly qualified personnel and (ii) to ensure that the promotion so promoted to the higher grade does have the technical knowledge to man that position. In the case of MACP, the individual employee is not promoted to another cadre. He remains in the cadre in which he was working or found to be fit for functioning in that position. Therefore, no condition of passing the Examination, or bench mark (of-course personnel in whose case adverse entries are made and for which right to appeal is provided may be an exception) must be insisted upon in the grant of MACP/.
(b) Fill up vacancies. The National JCA which has submitted its suggestions. Views and demands on the recommendations of the 7th CPC has appealed to the Government to resort to a special recruitment drive to fill up the large number of vacancies in various Government Department. The Commission has given the details of the vacancy position in different department. The Department of Revenue under which the Income tax Department functions has the highest percentage of vacancies. Unless the special recruitment drive as suggested by the National Joint Council of Action is introduced, the vacancies will remain for several years to tome. In our Department, the number of vacancies in MTS, TA, and Senior Tax Assistants are above 45%. We, therefore, endorse this suggestion made by the Staff Side of the National Council JCM.
(c) LDCs are to be upgraded as Ta Assistant
There are very few posts of LDCs in the Department. They number about 311. In fact the first cadre restructuring proposals which were implemented in 2001 had initially suggested for the abolition of this cadre altogether. However, taking into account the need for providing for some promotional opportunities to the Group D employees, 311 posts were retained. On the introduction of MTS., the Group D cadres stand abolished. Moreover, in the present work scenario of the Department, there is little work for the LDCs. The computerized functioning at the lower level has made the cadre obsolete. The Staff Side National Council JCM in their letter to the Cabinet Secretary has suggested for up gradation of the existing posts of LDCs as UDCs. In our departments, the incumbents of the 311 posts of LDCs may be promoted as Tax Assistants, by up-grading the LDC posts as Tax Assistants.
(d) Regularisation of Casual/Contingent/Daily rated and contract workers.
There are presently huge numbers of workers engaged by the Department on daily rated/casual or contingent basis. Besides, Contract workers are also engaged to attend to the day to day functioning. In the light of the large number of vacancies in various cadres, the need for such recruitment is understandable though not desirable. The engagement of contract/casual/daily rated workers for permanent and perennial jobs are prohibited by the law of the land. Most of these employees/workers spend their young age in the Department and if fired will be left with no job and not capable of seeking job also due to the increased age. It is, therefore, necessary that the Department must draw up a scheme for regularization of these employees in the cadre of MTS and Tax Assistants depending upon their educational qualification. Over the years such recruitment should be avoided so that the qualified and educated youth who wait indefinitely for employment would not suffer. The decision of the Supreme Court not to allow the back door entry in Government service must be adhered to by not engaging workers on casual and contingent basis.
1. Re-compute the minimum wage on the basis of the actual commodity prices as on 1.7.2015 and factor the Dr. Aykroyd formula stipulated percentages for housing and social obligations, children education etc. revise the fitment formula and pay levels on the basis of the so determined minimum wage;
We are not in agreement with the methodology adopted by the 7th CPC in computing the minimum wage. We give hereunder briefly the reasons thereof:
1. The retail prices of the commodities quoted by the Labour bureau is irrational, imaginary and even absurd in respect of certain articles at certain places. The Staff Side had objected to the adoption of those rates in its meeting with the Commission on 9th June, 2015.
2. The adoption of 12 monthly averages of the retail prices is contrary to Dr. Aykroyd formula. Same is the case with the reduction effected by the Commission on housing and social obligation factors. The house rent allowance is not a full compensation of the expenditure incurred by an employee for obtaining an accommodation. Therefore, no reduction on that count in arriving at the minimum wage is permissible. We may cite the minimum wage computation made by the 3rd CPC in this regard, The employees were in receipt of HRA even at that time. But still the 3rd CPC, and rightly so, adopted the 7.5% as the factor for housing CHARTER OF DEMANDS. In respect of the addition to be made for children education and social obligation as per the Supreme Court judgement, (25%) the Commission has reduced the percentage to 15% on the specious plea that the employees are separately given children education allowance. The Children education allowance is not a full reimbursement of the expenses one has to incur. After the liberalization of the Education Sector where private parties were allowed to set up universities and colleges, the expenses for education had increased heavily. No concession or allowance is granted to the employees for educating the children beyond the higher secondary levels. The earlier Pay Commission has only tried to compensate a little in the increasing cost of education and that too at the primary level, since even the Governmental institutions had started charging abnormal tuition and other fees.
3. The website maintained for the Agriculture Ministry depicts the retail prices of commodities which go into the basket of minimum wage computation. Even though the rates quoted by them vary from the real retail prices in the market, it provides a different picture. If one is to take the rates quoted by them for different cities and make an all India average of the prices as on 1.7.2015, it will work out to Rs. 10810. It will result in the computation of the minimum wage of Rs. 19880. Adding 25% for arriving at the MTS scale, it will rise to Rs. 24850. To convert the same as on 1.1.2016, 3% will be added as suggested by the 7th CPC. The final computation will be Rs. 25,596, when rounded off shall be Rs. 26000.
4. The Andhra Pradesh State Pay Commission in its report has taken the commodity prices at Rs. 9830.- as on 1.7.2013 which works out to a minimum wage of Rs. 18080. The wage of MTS will then be Rs. 22600 as on 1.7.2013, The Corresponding figure for 1.1.2016 shall be Rs. 26758 , rounded off to Rs. 27000.
5. The Staff side had computed the minimum wage as on 01.01.2014 at Rs. 26,000/-, taking the commodity price at Rs. 11344/-. The rates were taken on the basis of the actual retail prices in the market as on 01.01.2014 (average prices of 8 Cities in the country) substantiated by the documentary evidence of Cash bill obtained from the concerned vendors. As on 01.012016, the minimum wage work out to Rs. 29339/-, rounded off to Rs. 30,000/-.
6. The 5th CPC adopted the rate of growh in the economy ( as reflected in the increase in the per capita net national produce at factor cost) over a period of ten years to arrive at the increase required to be made to arrive at the minimum wage. The per capita NNP at factor cost registered an increase of 65.28% over a period of ten years in 2013-14. If we apply the same percentage to the emoluments (Pay +DA) as on 1.1.2016 (assuming that DA will be 125% as on that date), the minimum wage as on 1.1.2016 for an MTS will have to be Rs. 26030, rounded off to Rs. 27000.
7. In para 4.2.9 of the report, the Commission has given a table depicting the percentage increase provided by the successive Pay Commissions, according to which the 2nd CPC had made a paltry increase of 14.2%. The 3rd CPC gave a rise of 20.6, 4th 27.6, 5th 31.0 and 6th CPC 54%. While the percentage increase had been in ascending order all along, the 7th CPC has sought to reverse that trend ostensibly for reasons unknown. It is was the meagre increase of 14% provided for by the 2nd CPC that triggered the volatile situation in the civil service and led to all India strike encompassing all employees which lasted for 5 days in 1960. We do not know whether the 7th CPC really intend to create such a scenario once again.
8. In the case of Bank, Insurance and many other Public Sector Undertakings wage revision takes place once in 5 years. In the recently concluded agreement, Bank employees were provided more than 15% increase.
9. After the implementation of the Pay Commissions Report the AP State Employees have been given a wage structure based on a minimum wage far above the level of Central Government employees. In their case also wage revision does take place once in 5 years.
It could be seen from the above that the computation of minimum wage by the 7 CPC is prima facie wrong and computed on untenable premises and incorrect data. The minimum wage therefore requires re-computation and revision. Once the minimum wage gets revised, the fitment formula, the multiplication factor applied for determining the pay levels and the pay matrix itself will have to consequently revised
Determination of Pay Level Minimum
It is seen that the 7th CPC has applied varying multiplication factors for different pay levels. The 6th CPC has taken the emoluments in the private sector to hike the salary of officers by applying different yardstick to compute the pay bands disturbing the vertical relativity while the 7th CPC has further accentuated the gap of differences in wages between officers and employees. This being unacceptable we urge upon adoption of uniform multiplication factor for determining pay levels.
2. Revise the pay matrix basing upon the revised minimum wage and rounding off the stages to the next hundred. Accept the suggestion made by the Staff Side in its memorandum to 7 CPC for de-layering viz. to abolish the pay levels pertaining to GP 1900, 2400 and 4600.
In our memorandum to 7th CPC the staff side had requested for de-layering by abolition of Grade Pay of Rs 1900, 2400 & 4600. The pay levels pertaining to GP 1900, 2400 and 4600 may be abolished and merged with the next higher levels.
3. Revise the rate of increment to 5 % and Grant two increments in the feeder cadre levels as promotion benefit.
The rate of increment has been pegged down to 3% by the 7th CPC. At this rate an employee will not be able to double his pay even after 30 years. The demand of the staff side to increase the rate of increment to 5% is to be accepted.
Promotion from one cadre to another is a rare phenomenon in government services especially in lower grades. If one to be awarded only an increment amounting to 3% of pay, it might not become a sought after affair and will in fact act as a de-motivating factor. This apart, in most of the Govt. Departments, promotion is followed by posting to a different location. Those who are posted to unclassified cities or from Metro cities to towns will financially suffer due to such mandatory transfer on promotion. This is because of the fact that the rate HRA, Transport Allowance etc vary from one station to another. The financial benefit on promotion must be, therefore, at least two increments i.e. 10% of the pay.
4. Fill up all vacant posts by holding special recruitment drive
5. MACP to be treated as financial up-gradation, without any grading stipulation; to be provided on the basis of the promotional cadre hierarchy of the concerned department; increase the number of MACP to five on completion of 8, 15,21,26 and 30th years of service. Reject the Efficiency Bar stipulation made by 7th CPC. Personnel promoted on the basis of Examination should be treated as fresh entrants to the cadre.
6. Upgrade the LDCs in all departments as UDCs for it is stated by the Commission that the Government has stopped recruiting personnel to this cadre.
The cadre of LDC, after the introduction of MTS has presently overlapping functions. Most of the specific functions have also become obsolete on introduction of computerized diarizing and maintenance register. There is no specific need for this cadre in any of the offices. While future recruitment can be stopped, which the government has conveyed to the Commission, what has to be done to the existing cadre is not mentioned. It is therefore necessary that the existing incumbents be promoted as UDCs by upgrading all posts of LDC as UDCs.
7. a) Parity to be ensured for all Stenographers, Assistants, Ministerial Staff in subordinate offices and in all the organized Accounts cadres with Central Sectt. By upgrading their pay scales ( and not by downgrading the pay scales of the CSS)
b) Drivers in all Government offices to be granted pay scale on par with the drivers of the Lok Sabha
The question of Parity, as has been rightly mentioned by 7th CPC, is a settled matter. It is the Department of Personnel which the cadre controlling Department for CSS cadre that unsettles the parity every time. The recommendation to downgrade the CSS is however not acceptable. What is required is to grant higher pay levels at par with CSS ministerial and stenographer cadres and other similarly placed cadres in the field/subordinate offices and IA&AD & Organized Accounts cadres.
8. To remove existing anomaly, the annual increment date may be 1st January for those recruited prior to 30th June and 1st July in respect of those recruited prior to 31st December.
9. Wage of Central Government Employees be revised in every 5 years
10. Treat the GDS as Civil Servant and grant them all pay, allowances and benefits granted to regular employees on Pro -rata basis
11. Contract/casual and daily rated workers to be regularized against the huge vacancies existing in various Government offices.
12. Introduce PLB in all departments. All existing bilateral agreement on PLB must continue to be in operation
13. Revise the pension and other retirement benefits as under:-
(b). Pension to be 60% of the last pay drawn in the case of all eligible persons who have completed the requisite number of years of service.
(c). The family pension to be 50% of the last pay drawn.
(d). Enhance the pension and family pension by 5% after every five years and 10% on attaining the age of 85 and 20% on attaining the age of 90.
(e). Commuted value of pension to be restored after 10 years or attaining the age of 70, whichever is earlier. Gratuity calculation to be on the basis of 25 days in the month as against 30 days as per the Gratuity Act.
(f). Fixed medical allowance for those pensioners not covered by CGHS and REHS to be increased to Rs. 2000 p.m.
(g). Provide one increment on the last day in service if the concerned employee has completed six months or more from the date of grant of last increment.
14. Exclude the Central Government employees from the ambit of the National Pension Scheme (NPS) and extend the defined benefit pension scheme to all those recruited after 1.1.2004
15. In the absence of any recommendation made by 7 CPC, the Government must withdraw the stipulated ceiling on compassionate appointments
16. Revise the following allowances/advances as under in place of the recommendations made by the 7th CPC :
The 7th CPC has recommended to abolish large number of allowances and interest free advances without going into the exact relevance in certain departments where the allowances are provided for. The allowances which are stated to be subsumed and which are clubbed with other s also require consideration. If these allowances are withdrawn, it might affect adversely the very functioning of the Department itself in certain emergent situation. Of the allowances mentioned in the report for abolition, we have mentioned hereunder those pertaining to civilian employees which require to be retained.
In respect of advances the Commission appears to have taken a shylock view of the matter. Most of the under mentioned advances are required to meet out contingencies which the employees cannot manage to organize. These advances are, therefore, to be retained.
(a). Retain the rate of house rent allowance in place of the recommendation of the Commission to reduce it.
(b). Restructure the transport allowance into two slabs at Rs. 7500 and 3750 with DA thereof removing all the stipulated conditions.
(c). Fixed conveyance allowance: This allowance had no DA component at any stage.. This allowance must be enhanced to 2.25 times with 25% DA thereon as and when the DA crosses 50%
(d). Restore the island Special duty allowance and the Tripura Special compensatory remote locality allowance.
(e). The special duty allowance in NE Region should be uniform for all at 30%
(Bhaskar Bhattacharya) (Rupak Sarkar)