Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Central Pay Commission's recommendations

 NFIR

No.IV/DAC/7CPC/2016

Dated: 241/11/2017

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Central Pay Commission's recommendations-reg.

Ref: (i) Railway Board's letter No. PC- VII/2016/DAC/I dated 05/10/2016, 29/03/2017, 18/04/2017, 03/05/2017, 25/05/2017, 06/06/2017 & 20/11/2017.
(ii) NFIR's letter No. IV/DAC/7 CPC/2016 dated,09/06/2017 & 16/08/2017.

In continuation of above cited references, the Federation furnishes additional material on
Item No. 17 pertaining to Pharmacist category to facilitate the DAC to discuss in the ensuing
meeting. Attention is also invited to NFIR's letter of even number dated 09/06/2017 on this issue of which Item No. 17 of the enclosure is relevant (Annexure-I).

Federation also encloses an Item under heading "grant of Additional Allowance to the
remaining categories of Running Staff viz., ALP, Sr. ALP, LP (Shunting), Goods (Guard) "  together with copy of Board's letter No. PC-VII/2017/R-U/38 dated 20/11/2017 to NFIR for discussion in the second meeting of the DAC (Annexure-II).

So far as the subject "Technical Supervisors of Railways", is concerned, the DoP&T vide F.No. 11/2/2016-JCA-I(Pt.) dated 30th October 2017 has since advised the Secretary (Staff Side) that this being Railway specific item, the Staff Side may take up at the Department Anomaly Committee of Ministry of Railways. A copy of Note pertaining to Technical Supervisors of Railways is also enclosed which may be clubbed with Item No. (xviii) sent to Railway Board on 08/11/2017 (Annexure-III).

DA/As above

Yours faithfully,

(Dr. M. Raghavaiah)

General Secretary

Annexure I

The Commission has failed to appreciate that the category of pharmacist possessing the upgraded qualification of 4 year Degree (Technical) has not been considered on par with the other categories of staff holding Degree qualification. The study report submitted by the IIM Ahmedabad which forms the basis.of recommended pay scales to all the employees of the Central Government, does not contain the category of  Pharmacist, apparently, the Pharmacist category has not been studied for the purpose of granting appropriate Pay Scale.

In view of the prevailing situation the case of Pharmacist deserves to be review by the Anomaly Committee for grant of atleast GP 4600/- at the time of appointment.

Annexure-II

Grant of Additional Allowance to the remaining categories of Running Staff viz.,
ALP, Sr. SLP, LP Shunting, Goods (Guard)

Railway Board vide letter No. PC-VII/2017/1/7/5/5 dated 10/08/2017 issued instruction for grant of revised rates of Additional Allowance to the Running Staff viz., Loco Pilot (Goods)/Passenger/Mail-Express/Motorman, Sr. Passenger (Guard) and Guard (Mail/Express) w.e.f. 01st July 2017 without covering the remaining Running Staff belonging to the categories of ALP, Sr. ALP, LP (Shunting), Guard (Goods) etc. In this connection, Federation contends that the remaining Running Staff have been discriminated against wrongly ignoring the fact that there working conditions and responsibilities are akin to those Running Staff who have been granted revised rates of Additional Allowance.

Federation further contends that the ALP, Sr. ALP, LP (Shunting) and Guard (Goods) are also part of Running Staff for all purpose, therefore they also need to be covered for grant of Additional Allowance like other Running Staff to avoid the feeling of de-motivation among them.
NFIR, therefore, requests the Railway Board to review the case afresh and issue instructions for granting Additional Allowance to the ALP, Sr. ALP, LP (Shunting) and Guard (Goods).

Annexure-III

Sub: Seventh CPC pay structure - grave injustice done to Graduate Engineers and Diploma Engineers in Railways - Review urged.

NFIR invites kind attention of the Railway Board to Para 11.40.104 to 11.40.115 of the 7th CPC report (Page No. 747 to 749).

Vide Para 11.40.109 of the 7th CPC report, it has been stated that "the next post in the
hierarchical structure for Technical Supervisors is the post of Assistant Engineer. There is a 1:1 ratio between the posts of Assistant Engineer filled by Direct Recruitment and those filled through promotion".

In this connection, Federation points out that no promotions are presently available for SSEs on the basis of 1:1 ratio. The ground reality is that directly recruited Graduate Engineers to the post of SSE (6th CPC GP 4600/-) continued to remain in the same Grade Pay/Pay Level for not less than 15 to 20 years. Federation also conveys that it would be incorrect to call them "Technical Supervisors" while their official designations are Sr. Section Engineers or Jr. Engineers.

It is further learnt that the 7e Central Pay Commission had relied upon the study report given by Indian Institute of Management, Ahmedabad for denying the improved pay matrices for Graduate Engineers as well Diploma Engineers. Para 6.16.2 of the study report of IIM, Ahmedabad submitted to the 7th CPC is reproduced below:

"6.16.2 Sector-Wise Career Progression and Promotion Rules:

NFIR hopes that the Railway Board admits the truth that never promotions have been granted to the Graduate Engineers on completion of 4-years period to the post of Assistant Engineer and to the post of Divisional Engineer on completion of 4-years in the previous pay level. The IIM's distorted study report has done grave damage to the career growth of directly recruited Graduate Engineers in Railways. The wrong information given to the 7th CPC with regard to career progression and salary details of Graduate Engineers recruited though RRB in Railways through IIM's study report has caused severe damage to their career resulting around resentment among them.

It is sad to state that the Pay Commission has deviated its own principle as enumerated
vide Para 4.1.19 of its report, which is reproduced below:-

"Historically the qualification and skill set required as well as roles and responsibilities discharged at various levels in the overall hierarchy have been central to the basis for pay grading. The rationalization index has been applied keeping this principle in mind".

It is surprising to note that the Railway Ministry (as recorded vide Para 11.40.1 12 of the 7th CPC report) had strongly defended the continuation of existing arrangements on functional grounds, ignoring the reality that the Railway Ministry in the year 2010 had proposed replacement
of GP 46001- with GP 4800/- for improving the career growth of SSEs etc. The Railway Board
also failed to mention before 7th CPC of its decision to upgrade Apex Level (GP 4600/-) posts to
Group 'B' Gazetted (which is yet to be finalized). A.serious anomaly has arisen as a result of
misleading facts placed by Railway Ministry before 7th CPC and also the totally incorrect study
report of IIM, Ahmedabad presented to the 7th CPC as sought by the Commission.

NFIR, therefore, urges upon the Railway Ministry to review de-novo the entire issue and
rectify all aberrations and anomalies arisen consequent upon the denial of improved pay structure and status to the Graduate Engineers as well as Diploma Engineers in Railways and also accord approval for time bound promotions to them.

Source: NFIR

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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.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

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 A.M.in 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:

AIRF	NFIR
1. Shri Rakhal Das Gupta, President	1. Shri Guman Singh, President
2. Shri Shiv Gopal Mishra, General Secretary	2. Dr. M.Raghavaiah, General Secretary
3. Shri J R Bhosle, Treasurer	3. 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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First meeting of Departmental Anomaly Committee (DAC) to settle the anomalies arising out of the implementation of 7th CPC - Change in date of meeting

First meeting of Departmental Anomaly Committee (DAC) to settle the anomalies arising out of the implementation of 7th CPC - Change in date of meeting

7th CPC Pay Anomaly: First Meeting of Railways Departmental Anomaly Committee to held on 20.06.2017

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.PC-VII/2016/DAC/1

New Delhi, dated: 12/06/2017

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,
New Delhi-110055

Dear Sir,
Sub : First meeting of Departmental Anomaly Committee (DAC) to settle the anomalies arising out of the implementation of 7th CPC - Change in date of meeting.

I am directed to bring to your kind consideration to Board's letter No.PC/VII/2016/DAC/I dated 06.06.2016 wherein it was decided to hold first meeting of DAC on 23.06.2017. However, the date and time of holding the first meeting of DAC has now been revised to 20.06.2017, 11.00 AM in consultation with federation. Venue of the Meeting will remain same.

Yours Sincerely,
sd/-
For Secretary Railway Board

Source: NFIR/AIRF

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

7th CPC Anomalies - Meeting of Departmental Anomaly Committee

Sub:- Meeting of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th CPC

I am directed to bring to your kind attention that Departmental Anomaly Committee for Railways consisting of representatives of official side and the staff side to settle the anomalies arising out Of the 7th Central Pay Commission's recommendations was constituted vide Railway Board’s letter dated 5.10.2016.
Subsequently, the definition of anomaly has also been modified vide Board's letter dated 29.03.2016.

2. Now, it is proposed hold the first meeting of the Departmental Anomaly Committee to discuss the various anomalies arising out of the implementation of 7th CPC's recommendations, It is requested to advice a convenient date of time for holding the meeting along with the tentative agenda/anomalies coming within the definition of anomaly already circulated vide Railway Board's letter dated 29.032016 to be discussed in the said meeting.

On receipt of the suggestions the final agenda and the schedule of the meeting will be advised.

Source: AIRF

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Setting up of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission's recommendations

Departmental Anomaly Committee : Incorporate additional definition of anomaly

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAYS BOARD)

No. PC-VII/2016/DAC/I

New Delhi, dated 29.03.2017

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
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.

The undersigned is directed to refer Board's letter of even number dated 05.10.2016 and to incorporate the following modification in the definition of anomaly:

"Where the Official Side and the Staff Side are of the opinion that the vertical and horizontal relativities have been disturbed as a result of the 7th Central Pay Commission to give rise to anomalous situation."

2.With the incorporation of the above para, the definition of anomaly will read as follows:

(1) Definition of Anomaly

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 Fay 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;

(c) Where the Official Side and the Staff Side are of the opinion that the vertical and horizontal relativities have been disturbed as a result of the 7th Central Pay Commission to give rise to anomalous situation.
3. The rest of the content of the letter dated 05.10.2016 shall remain unchanged.

Yours faithfully,
For Secretary, Railway Board

Railway Order Copy

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Setting up of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission’s recommendations

Setting up of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission’s recommendations

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

New Delhi, dated: 05.10.2016

No. PC-VII/2016/DAC/1

The General Secretary,
All India Railway men’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. Definitions 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 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 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 from 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 Committee)
2. EDF (E ) (Finance Member)
3. EDPC-I
4. EDPC – II
ED/IR

Staff Side

AIRF
1. Shri Shiva Gopal Mishra
2. Shri Rakhal Das Gupta
3. Shri J.R. Bhosle

NFIR
1. Shri Guman Singh
2. Dr. M. Ragahavaiah
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 constitutions. Any recommendations of 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.

Yours faithfully

Sd/-
For Secretary Railway Board.

Source : NFIR

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