Allowances Committee Meeting Draft Minutes
No.6/8/2016-CPC
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(CPC Section)
North Block, New Delhi
Dated the 7th November 2016
To
Shri Shiv Gopal Mishra
Secretary, Staff Side
National Council Staff Side (JCM),
13-C, Ferozeshah Road
New Delhi - 110001
Subject: Draft minutes of the
meeting held on Tuesday the 25th October 2016, under the Chairmanship of
Secretary (P) with the representatives of Staff Side, National Council
(JCM) on issues relating to the DoPT- Specific Allowances.
Sir,
Please find enclosed a copy of the Draft Minutes of the meeting held
under the Chairmanship of Secretary (P) on Tuesday the 25th October 2016
with the representatives of Staff Side on issues relating to the DoPT-
Specific Allowances. You are requested to send your comments on the
draft minutes by 15/11/2016 positively.
Yours faithfully,
(D.K. Sengupta)
Deputy Secretary (CPC)
RECORD NOTE OF THE DISCUSSION ON
DOPT-SPECIFIC ALLOWANCES, HELD WITH THE STAFF-SIDE, NATIONAL COUNCIL
(JCM) AT 3.00 P.M. ON 25.10.2016 UNDER THE CHAIRMANSHIP OF SECRETARY(P).
A discussion on the DoPT-specific
allowances with the Staff-Side National Council (JCM) was held at 3.00
p.m. on 25.10.2016 under the Chairmanship of Secretary(Personnel) in
Room No. 119, North Block, New Delhi in compliance with the direction
contained in the minutes of the 2nd meeting of the Committee on
Allowances held on 01.09.2016 that every Ministry/Department should firm
up its views/comments on allowances relating to the Ministry/Department
after holding discussion with their Staff Associations.
List of participants is at Annexure.
At the outset JS(JCA) welcomed all the
members of the Staff side of the National Council of JCM to the
discussion on department specific allowances. JS(JCA) informed that in
the second meeting of the Committee on Allowances it was decided that
all the department specific allowances will be discussed with the JCM.
After a brief introduction it was decided to discuss the following
department specific allowances on which DOPT has received the comments
for Staff-Side.
Children Education Allowance (CEA)
The Staff-Side has stated that the
benefit of Children’s Education Allowance should be extended to the
Graduate and Post Graduate levels also. They have informed that the
private institutions are charging exorbitantly. So, subject to a ceiling
on tuition fees and hostel fees, the CEA should be extended to the
Graduates and Post Graduates level. Staff-Side has informed that they
had also represented to the Pay Commission for simplifying the procedure
wherein they had suggested that reimbursement should be based on the
bonafide certificates from the schools where the children are studying.
This suggestion has been accepted by the Pay Commission and the
Staff-Side has requested that it should be implemented.
On the issue of DOPT’s circular on
e-receipt, Secretary, DoPT clarified that this circular had been issued
before the government accepted the 7th Pay Commission recommendation.
(Action: JS(Estt.)
Night Duty Allowance (NDA)
Staff-Side has pointed out that the
Night Duty Allowance (NDA) is still being paid at the 4th CPC rate. Even
though there is a Board of Arbitration award in favour of employees
that from 01.01.1996 it should be given in the 5th CPC pay scale, the
government did not accept the arbitration award and even today employees
are getting it at the same rate as it was prevalent during the 4th CPC
period.
In the Ministry of Defence a lot of
litigation had taken place and the matter went up to the Supreme Court.
Hon’ble Supreme Court directed that it should be paid on the basis of
the actual pay drawn and that NDA should be revised w.e.f. 01.04.2007 at
the 6th CPC pay scale which has been implemented by the government.
However, the audit authorities came up with an objection that there is a
ceiling for it which has been objected to by the Staff-Side.
Apart from that, the 7th Pay Commission
has recommended that it should be worked out with the actual pay of the
employee being the criterion. However, in spite of that, except for the
Ministries of Defence and Railways, employees working in other
Ministries/Departments are getting it at 4th CPC rate. Thus, the absence
of uniformity on this allowance across Ministries/Departments is very
glaring which, according to the Staff-Side, is a principal source of
litigation and will continue to remain so. Therefore, the Staff-Side has
suggested that an early revision of the NDA without ceiling, and on the
basis of the actual basic pay, and extending it to whoever is asked to
do night duty will go a long way in reducing litigations in the future.
(Action: JS(Estt.)
Over Time Allowance (OTA)
Staff-Side has pointed out that there
are two types of over time duty. One is covered under the Factories Act,
1948, and the other is for the office staff. In the first case, since
it is a statutory obligation, the Pay Commission has not recommended
anything on it. But for those Central Government employees who are not
covered under the statutory provisions of the Factories Act, OTA is paid
at a single rate of Rs.15.85/- only and, that too, for the first hour
immediately after the scheduled office closing time, it is Nil. In case
of OTA there is also an arbitration aw-ld from 01.01.1996 that it should
be at par with the 5th CPC pay scale. However, neither it has been
implemented nor have the rates been revised.
The Staff-Side has stated that if an
employee is asked to work after hours the rate of OTA should be as per
7th CPC pay scale. Staff-Side is of the opinion that overtime means
working after office hours, and asking an employee to work beyond office
hours automatically entitles him/her to this allowance. The over time
rates should also be above the normal level. It was pointed out by them
that as per 7th CPC, an MTS is paid @ Rs.75/ hour; whereas overtime
allowance is @ Rs. 15.85/- only. Even an outsider employed on casual
basis is being paid hourly wages which are more than OTA. The Staff-Side
is strongly of the view that if government is deploying a person on
overtime work then he has to be paid at least according to the rate of
salary which he is getting
(Action: JS (Estt.)
Cash Handling Allowance (CHA)
Staff-Side has informed that the 7th CPC
recommendation on its abolition is based on the fact that in most of
the offices today salary disbursement is not made in cash. It is
credited to the individual bank accounts. But cash transactions do take
place in certain offices like the Post Offices where cash handouts are
made under the Mahatma Gandhi National Rural Employment Guarantee Act.
PLI is also another example. Therefore, if it is stopped all of a
sudden, no person will show interest in working as cashiers and take the
additional responsibility of handling huge amounts of cash. Therefore,
the Staff-Side has contended that till all cash transactions are
eliminated, CHA should continue.
It was also pointed out by them that
this allowance depends on the amount of cash transaction; when the
volume of cash transaction comes down, the allowance will also
proportionately come down.
(Action: JS(Estt.)
Uniform related allowances subsumed in a single Dress allowance (including shoes)
Staff-Side has informed that the 7th Pay
Commission has recommended that Persons Below Officers Rank (PBOR)
should be given Dress Allowance @ Rs.10,000/- per month. There are 5
Ordnance Factories under Ministry of Defence where persons are
exclusively deployed to produce special high altitude dresses for the
combat forces of the army. 12000 employees are working in these 5
factories. Therefore, if a uniform rate like this is maintained, it will
have an adverse impact on the quality of these high altitude uniforms
and will thus jeopardise the safety of the armymen and the nation as a
whole. Staff-Side is stated to have already made a request to M /o
Defence not to implement this recommendation. Army has also taken a
stand that this will result in substandard or sub quality material. So
this recommendation on the Dress allowance for PBOR should not be
implemented.
As far as Civilian employees are
concerned, it has been stated that the 7th CPC has recommended four
slabs of Dress Allowances for various categories. One of the categories
is called ‘others’. Whereas, in the Department of Posts there are about
75,000 postmen and Multi Tasking Staff wearing uniform. There is no
mention about these postmen and multi tasking staff in any of the
categories shown by the Pay Commission. If it is presumed that they come
under ‘Others’, then they will be getting Rs. 5,000 whereas at present
they are getting around Rs. 7,000 plus washing allowance. As such a
separate category should be there for postmen and MTS also and the
allowance should be Rs.10,000/-
It has also been pointed out that there
are many categories like canteen employees, security staff, chowkidars
which have not been mentioned and who are eligible for uniform or
uniform allowances. It has to be clarified whether these categories will
be covered under ‘others’. Staff-Side has stated that whosoever is
getting Dress Allowance as on today should continue to get that.
Staff-Side has also informed that the recommendations on Dress Allowance
have created a lot of discrimination among staff working in similar
circumstances.
Staff-Side has also drawn attention to
the Dress Allowance with respect to the Nursing Staff. It has been
stated that earlier also Nursing Staff were not given normal washing
allowance or dress allowance considering the importance or the peculiar
conditions prevailing in hospitals. Now they have also been bracketed in
the general category. They were getting Rs.750 as Uniform Allowance and
Rs. 450 as Washing Allowance per month. Now there is no separate
category that has been given to them. For them a different dispensation
was made taking into account their special requirements because they
work in such an environment where their uniforms require regular washing
entailing a substantial expenditure. As these have not been accounted
for in the 7th CPC, the nursing staff should have a special
dispensation, as is strongly felt by the Staff-Side.
JS (JCA) has requested Staff-Side to
submit a note on the justification or break-up of the amount of
Rs.32,400(maximum) as suggested by them and the Staff-Side has agreed to
provide the same.
Secretary, DOPT summed up the demands of
the Staff-Side by observing that those who were getting Dress
Allowances, their allowances should not come down. And the categories of
the employees which had special dispensation in the past and have not
been mentioned this time or have been clubbed together with other
categories need clarification.
(Action: JS(JCA)/Staff-Side)
Risk Allowance
The Staff-Side has informed that
Ministry of Defence is engaged in arms and ammunitions manufacturing
etc. In the process of manufacturing them, the staff engaged for this
purpose, have to handle hazardous chemicals, acids and so many other
poisonous combinations. Cabinet has approved 45 risk operations
pertaining to Defence civilian employees. Apart from that, because of
the technological developments taking place fast and as the requirement
of the armed forces is increasing for getting modern equipments,
ammunitions and explosives, new risk operations have also come into
existence of which Ministry of Defence is aware and have recommended
also accordingly. In spite of this, the existing Risk Allowance has been
abolished by the Pay Commission. It has been pointed out by the Staff-
Side that it has not been subsumed under the risk and hardship matrix.
Rather it comes in the abolition list. In no matrix are the risk
operations of Defence civilians are covered. Staff-Side has informed
that they have discussed this with Defence Secretary and Defence
Ministry is going to recommend in favour of its inclusion in one of the
matrix.
In response to the query of Secretary,
DOPT as to whether the activities which have been considered to be risky
have all been identified, Staff-Side has clarified that it has been
identified by a high level committee and approved by the Cabinet. 45
risk operations have been identified and approved. But within a period
of 2 decades, lot of new ammunitions and new explosives have come in the
arsenal, along with a lot of hazardous chemicals and acids. So, M/o
Defence has again appointed a committee and they have identified that
all these are additional risk operations over and above the 45
identified, where Defence Civilian employees are actively involved. But
the Pay Commission has abolished Risk Allowance. So this has to be
incorporated in one of the risk matrix.
(Action: JS(Estt.)
Other Items
Staff-Side has pointed out that in the
7th CPC report it has been stated that any allowance not mentioned and
hence not reported to the Commission shall cease to exist immediately.
They have requested that this recommendation should be rejected. On the
contrary, the administrative Ministries should come forward and
recommend for their abolition or retention.
Staff-Side has also stated that 7th CPC
has abolished all advances completely. Noting that we regularly
celebrate a number of festivals like Diwali, Holi, Eid and keeping the
general sentiment in mind, they are of the view that advances are very
necessary. Moreover, these advances are required to be paid back to the
government.
On Family Planning Allowance, the
Staff-Side has stated that since the Government has not changed its
Family Planning policy, the allowance should be continued. At least in
the case of those people who were getting it they should continue to get
as they have fulfilled all conditions when the allowance was granted.
Otherwise there will be drop in their emoluments.
