Monday, 28 August 2017

Minutes of the First Meeting of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th CPC

Minutes of the First Meeting of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th CPC.

NO. PC-VII/2016/DAC/1
New Delhi, dated : 25.8.2017
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,
News Delhi - 110055.
Room No.256-E, Rail Bhawan.
Dear Sirs,
Sub: First Meeting of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th CPC.

Ref: Draft Minutes circulated vide letter dated 21.07.2017.
The minutes of the first meeting of Departmental Anomaly Committee held on 20.06.2017, finalised in consulation withe the Federations are enclosed.
Yours sincerely,
For Secretary Railway Board

Minutes of the First Meeting of Departmental Anomaly Committee held on 20.06.2017
The first meeting of Departmental Anomaly Commitee (DAC) was held on 20.06.2017 at 11 Room No.402. The Following attended the meeting.

Official Side
i) Shri Manoi Pande, AM (Staff)
ii) Shri Tanveer Ahmed, EDF (E)
iii) Shri Dhruv Singh, EDPC-I
iv) Shri Alok Kumar, ED E(IR)
v) Shri S. Balachandra iyer, EDPC-II

The Federations:
1. Shri Rakhal Das Gupta, President1. Shri Guman Singh, President
2. Shri Shiv Gopal Mishra, General Secretary2. Dr. M.Raghavaiah, General Secretary
3. Shri J R Bhosle, Treasurer3. Dr. R.P. Bhatnagar, Working President

2. Shri Manoj Pande, AM (Staff), Chairman/DAC welcomed all the representatives to the meeting and started that the purpose of the meeting is to address the anomalies arising out of the implementation of 7th CPC as defined in DoPT'S OM dated 16th August, 2016 and circulated vide Ministry of Railways letter no.PC- VII/2016/DAC/1 dated 29-03.2017 and PC-VII/2016/DAC/1 dated 25.5.2017. As advised through these letters, anomaly will include the following 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;

(b) where the maximum of the level in the Pay Matrix corresponding to the applicable Grade pay in the Pay Band under pre-revised structure, as notified vide CCS (RP) Rules, 2016 is less than the amount an employees 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 of the opinion that the vertical and horizontal relatives have been disturbed as a result of the 7th Central Pay Commission to give rise to anomalous situation.
3. It was also stated by AM(Staff) that both the federations were requested to submit the agenda items which have been abserved as anomalies within the provisons of anomalies as defined in the aforesaid letters. As agenda was given only by NFIR, on the NFIR agenda items remarks were circulated to the participants of the meeting.

4. Dr. M. Raghaviiah, General Secretary, NFIR staied in his introduction speech that the definition of anomaly should be interpreted liberally. The official side and the staff side should jointly workout a consensus to identify the issues coming wiihin the definition of 'anomaly' to ensure that Railway employees are given justice' He said that careful examination and ground realities would reveal that anomalies arisen in Railways specific categories are needed to he addressed judiciously. He also brought out following issues/suggestions.
  • During the implementation of 6th CPC after due discussions Ministry of Railways sent a detailed proposal in respect of various anomalies especially in respect of pay structure of Technical Supervisors to Ministry of Finance and DoP&T. However, Ministry of Railways failed to place these proposals before 7th CPC.
  • Till the implementation of 6th CPC recommendations the pay structure of Technical Supervisors were placed on a higher pedestal on comparison With pay structure of the corresponding categories of Accounts Department. With the implementation of 6th CPC pay structure the relatives in the case of the Technical Supervisors category of Indian Railways got disturbed and 7th CPC also did not address this core issue which is affecting thousands of employees.
  • Various proposals/references sent to the Ministry of Finance and Department of Personnel and Training are not getting addressed and thereby the issues remain unresolved. As such Ministry of Railways may try find out an in house mechanism for addressing these issues. In support of this, past precedent of 1997 was quoted.
  • Certain factual inaccuracies have crept into the 7th CPC Report which need to be addressed. For example, though there was demand from the federations to raise the entry qualification in respect of Assistant Loco to Diploma as recommended by Dr.Anil Kakodar, Chairman, HLSRC, wheras, the 7th CPC had wrongly quoted in its report that Federations have demanded Degree qualification. He cited para 11.40.63 of the 7th CPC report and wanted DAC to take note of this for appropriate action.
5. W.r.t the points raised by Dr. Raghavaiah, the Offical Side clarified that all the factual position and historical background were brought before 7th CPC w.r.t the anomalies existing in respect of the pay structure of Technical supervisors.

6. Shri Shiv Gopal Mishra, General Secretary/AIRF took up the issue regarding upgradation of pay structure in respect of Accounts, and CMA cadre as per the recommendations of 7th Pay Commission and stated that there has been no action on implementing these recommendations.

7. As regards, AIRF's is Sue regarding upgradation of pay structure of various categories of Indian Railways, it was stated by Official Side that while approving the recommendations of 7th CPC, Ministry of Finance in its resolution dated 25.07.2016 decided to refer the recommendations of 7th CPC to upgrade the pay structure of thirteen categories in various Ministries including Accounts and CMA cadres of Indian Railways to DoP&T for taking a comprehensive view. In pursuance of the decision of Ministry of Finance the issue was referred to DoP&T enclosing all the communications made by Ministry of Railways with 7th CPC and implementation Cell in this regard. DoP&T after due consideration, in the first week of April 2017 returned these proposals stating that in terms of Transaction of Business Rule (TBR) the upgradation of pay structure is an issue coming under the domain of Department of Expenditure and accordingly advised to refer the issue to Department of Expenditure for taking a decision. The matter is under submission to Board for sending to Department of Expenditure. While acknowledging the 7th CPC recommendation and the Federation's demand in this case, the Official Side also pointed out that historical relatives across cadres have to be kept in mind.

8. The 28 point agenda given by NFIR was briefly taken up for discussion. The comments of the Nodal Directorate on these issues were shared to all the delegates in the meeting. It is observed that certain issue such as item no. 20 (Perfusionist in Railways) item no. 18 (Dietician in Railways) already stand resolved. However, point wise detailed discussion of the agenda was not taken up for study to enable the Federation to respond to these comments.

9. Before concluding, It was started by the Official Side that various anomalous issues and demands such as non-replacement of -1S Scale, ambiguity in 14.29% increase in pay fixation in the case of Running Staff category, Upgradation of pay structure of Railway Dressers, clarifications on FR (22) options and "bunching" increments, improvement in Technical Supervisors' and Group 'B'officers pay'scales have already been taken up with Ministry of Finance for redresial.

The meeting ended with a note of thanks to the Chair.
(Jaya Kumar G)
Deputy Director, pay Commission-VII
Railway Board
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