BPEF & GENC ( Affiliated to BMS) delegation led by S.K. Mishra Secretary General BPEF & Shri K.N. Sharma President GENC met Hon'ble MOS Ministry of Personnal & P.G. Shri Dr. Jitender Singh & submitted a memorandum for correcting the negative and unwanted recommendations of 7th CPC . The Minister assured for positive action
left to right : Sh. Pawan Kumar, Regional Org. Secretary BMS, Sh Dr. Jitener Singh MOS, Minister Personnel & P.G. , Sh. Ramanand Tripathi G.S. BRMS, Sh. Sadhu Singh , S.G. G.ENC ,Sh. Mukesh Singh , AGS BPMS, Sh. Yogendra Singh G.S. Autonomous bodies , Sh. S.K Mishra , Secy. General Bhaatiya Postal Employees Federation, Sh. K.N. Sharma , President , G.E.N.C. & Sh. B. Surenderan .Asstt. Org. Secretary , BMS
MEMORANDUM
GENC/7th
lC.P.C./Examination/ Recommendation /2015 Dated:
10-12-2015
To
Shri Jitender Singh Ji
Hon’ble Minister of MOS
Ministry of Personnel Public
Grievances & Pension
Govt. of India
New Delhi – 110 001
Sub: Suggestion over
various negative recommendations of 7th C.P.C. to Govt of India for correction
of the same to the advantage of Employees and for the sake of constitutional
provisions. –regarding..
Respected Sir,
The Government Employees National
Confederation studied the report containing the recommendations of Seventh
Central Pay Commission and observed that although there are some positive
recommendation in it but also there are several instances came to notice the sprit and
promises made by Chairman Shri A.K. Mathur as mentioned in para 1.29 that Govt. services are not
merely only contract but is a status and employees expect fair treatment from the Govt. are not reflected in the recommendations properly. Some recommendations
are negative to extent that they went against the constitutional rights of the
employees. Few of them are :
(1)
It
tried to rationalize the Pay structure by devising “Index of Rationalization “but
ended with several unwanted discrepancies.
(2)
It is the fact that the Allowances were
allowed by Departments as per their operational & administrative needs, but
7th C.P.C. on its own initiative has declared them “outlived their
utility “and recommended for their discontinuance. .
(3)
Vide
para 1.17 it expresses its views that status in society due to becoming a Govt.
employee cannot be monetized. The commission has erred in considering the fact
that the status requires money to maintain it. It wrongly computed consumption
units of a normative family as per present policies towards women, Children and
senior parents and, therefore, could not arrive at correct minimum salary
demanded.
(4)
It
says that the concept of Grade Pay and pay Band has been done away and all
grade pay at all levels has been subsumed into the pay matrix but has also done
away with the promotional benefit of difference of Grade pay
provided earlier on promotion and
restricted itself to recommend only 3% increment on promotion.
(5)
Vide
para 9.1.1 it remarked that with increased salary packages these advances have
lost their relevance and recommended that
all 12 interest free advances
like Medical, LTC, Cycle etc. should be
abolished without considering its
validly to the employees, its
family and the Govt. policies towards
extension of these advances.
(6)
By
recommending increase in bench mark to “very good” for grant of MACPS
benefits and recommending stoppage of further
increment for not attaining it depicts criminal action over the
employees for his no fault .
G.E.N.C. suggestions
1.
Deficiency in PAY MATRIX
Although the intentions and promises made in Para 5.1.1 of 7th CP.C. are “simplification and rationalization”
,the 7th C.P.C. has wrongly
taken up the entry pay for each grade pay devised by 6th CPC as the basis of
rationalization and a “ index of
renationalization” have been formed which is , for PB-I it is 2.57, for PB-2 it is s
2.62 , for PB-3 it is 2.67. It is amazing that at one hand 7th
CPC says that the entry pay designed by 6th C.P.C. was
disproportionate and on other hand chooses same for future rationalization in
the form of recommended pay matrix.
Therefore, the G.E.N.C makes question that
how a disproportionate entry pay, after
going through process of rationalization
through Index of rationalization .
1.
Will produce equidistant levels as promised ?
2.
Will
produce a judicious and caring horizontal matrix of entry pay of each level
containing the exact compensation to Qualification, skill set required as well as increasing roles and responsibilities at each step of
level?
3.
Will
produce Proportionate increase in quantum of pay as promised in para 5.1.19?
4.
Will
produce Levels, as status determiner as mentioned in para 5.1.18?
5.
Will
Satisfy holistic approach of 7th
pay commission towards salaries allowances and other perquisites of compensation structure at each level as
promised in para 1.18.
In
view of all above questions, the
G.E.N.C. is proposing following
modification while devising New pay matrix
(a)
The
Index of rationalization may be 15% enhancement in each 18 levels starting
from G.P. 1800 and moving up to PB-3 onward instead of proposed
disproportionate Index of rationalization of 7th C.P.C.
(b)
After
devising Pay matrix as above, the Post existing is G.P. 1900 may be merged with
G.P. 2000 and similarly G.P. of 2400 may be merged with G.P. of 2800 as a
provision of rationalization of Grade Pay in General. This method has been
recommended by 7th C.P.C. to general commercial cadre existing in Ministry of Railways.
By 7th
CPC By G.E.N.C
|
G.P.
|
Group
of posts
|
Quantum
of Entry .Pay . Proposed by 7th CPC
|
Percentage
increase in pay with respect of previous
level
|
Quantum
of Entry .Pay. Proposed by GENC
|
Percentage
increase in pay with respect of previous level
|
|
1800
|
C
|
18000
|
|
18000
|
-
|
|
1900
|
C
|
19900
|
10.5%
|
21000
|
15%-
|
|
2000
|
C
|
21700
|
9%
|
24150
|
15%
|
|
2400
|
C
|
25500
|
17%
|
27772
|
15%
|
|
2800
|
C
|
29200
|
12%
|
31937
|
15%
|
|
4200
|
B
|
35400
|
21%
|
36727
|
15%
|
|
4600
|
B
|
44900
|
26%
|
42236
|
15%
|
|
4800
|
B
|
47600
|
6%
|
48671
|
15%
|
|
5400
PB-II
|
B
|
53100
|
11.55%
|
55911
|
15%
|
|
5400
PB-III
|
A
|
56100
|
5.6%
|
64366
|
15%
|
For others level the same method
can be adopted , if deemed fit. The GENC has taken up this rationalization up
to cadre in which direct recruitment takes place.
2.
MINIMUM PAY :
The minimum pay computed by 7th
CPC vide Table Annexed to Chapter 4.2 needs careful modification
as below.
1.
The
rates mentioned as par 4.2.8 are taken as per product prices. Here, it is
to say that any consumer has to buy the products at retail prizes which are
always ahead of these product prizes because of middle man profit , sales tax , VAT etc. which when combined are at
least ahead by 12% of product prize.
Therefore, adding 12%
of 18000 i.e. 2160 to 18000 makes minimum wage of three consumption unit Rs. 20160.
On this basis, the share of one consumption unit comes out to be Rs. 6720
2.
Several
initiatives from side of Govt. has come forward these years with respect to
women, Children & senior parents which are necessary to be included in the consumption unit as
given by Doctor aykroyd . They are
(a)
Senior
Citizen and parents maintenance Act 2010 which provides liability of Mother and
Father over employed Sons/Daughters.
(b)
Gender
bias reflected in ackroyed formula in respect of women employees as well as
house wife, mother is not acceptable as per Govt. policy. The provisions of
full unit for these dependents are to
be included in consumption unit.
(c)
Full consumption unit to Children below age 14
has to be made compulsory as the present day Govt. is health sensitive, therefore,
we have to consider that the quantity and prizes of commodities used by
children is much higher than commodities used by adults.
(d)
Dating
back to First CPC the lowest entering Govt. employee was mere 5th
pass but as per the recommendations of 6th CPC, accepted by Govt.,
the lowest employee being inducted into Govt. service is 10th pass.
Therefore mental labour of this skilled employee has also to be considered and
monetized.
By
computing all factors mentioned in 1 and 2 above following computation from
minimum wage comes out
(i)
20160
minimum wage arrived at 1 above divided
by 3 makes Rs. 6720 as full unit consumption.
(ii)
Employee,
wife, two Children below 14, Mother, & Father makes 6 consumption unit of
newly recruited MTS in the Govt. sector.
(iii)
Therefore,
as per (i) & (II), Rs. 6720 X6 equals to Rs. 40320
(iv)
25%
of 6720 i.e. 1680 being mental labour
for 10th pass MTS, has to be added
to Rs. 40320 above .
(v)
Therefore
, Rs. 40320 + Rs.1680 equal to Rs. 42000 as minimum wage.
The Govt.
may also consider and arrive at the minimum wage on the basis of NET
NATIONALPER CAPITA INCOME (neutralized
inflation ) data of CSO ( Central statistical organization ) which is
Rs. 6175 per consumption unit.
However,
keeping in view the paying capacity of employees and economic situation of
newly developing country of India, the GENC is proposing Rs. 24000 as minimum
wage to a newly recruited employee.
3.
FITMENT BENEFIT : Fitment benefit
provided by the 7th C.P.C. is 2.57 which is 14.29 % more than 2.25.
equivalent to the fitment benefit
provided by 2nd CPC .
The GENC,
therefore, demands that it should not be less than 51% of 2.25 as provided by 6th CPC.
Which comes out to be 3.42.
4.
INCREMENT AT THE TIME OF PROMOTION :
The GENC intends to remind you that the
employees are getting only 3% replacement benefit in new pay Matrix on
promotion. Previously the employees were getting 3% benefit along with
difference of grade pay on promotion.
Therefore, we suggest that:-
(i)
On
each promotion, one extra increment in that promotional level may be provided.
OR
(ii)
The
pay in new pay matrix may be fixed by providing one extra increment in the concerned level.
5.
ANNUAL INCREMENT RATE :
The Annual increment Rate provided by previous
C.P.C. were calculated when pay scale system was prevalent and age for full
pension was 33 years. In worst cases an
employees with 3% increment Rate can
reach to maximum from minimum in 33 years.
The 6th CPC has also endorsed the concept of 3% annual increment in pay band
system but has suggested full pension in
20 years . This recommendation was later on accepted by Govt. and revision in pension rules were made accordingly.
Now it was turn of
7th CPC to take into account above facts and, therefore, would have devised annual increment of 5%
considering that the employee in new pay matrix will reach in 20 Years for full
pension benefit . Unfortunately this has
not been done.
Therefore, in order
to have coordination between previous and present criterion for providing
increment on the basis of pension
computation, the 5% annual increment rate may be considered
to devises new pay Matrix.
6.
Date of Annual Increment:- With present formula
that each employee completing 6 months in a year will get increment, on 1st
July. The concept of 1st July of year is not adequate for those
entering in the service in any month between January and June & for those
retiring any of the month of the year.
Therefore, the GENC proposes that both type of above employees may be
provided one increment irrespective of date of entry or date of retirement.
Similarly, two dates i.e. 1st January or 1st July can be made
for assessing and providing annual increment.
7.
With holding of
Annual increment to Non performer after 20 years – increase in MACPS benchmark
and introducing efficiency Bar. Vide
para 5.1.46 “there is a vide spread perception that increment as well as upward
movement in the hierarchy happens as a matter of course. Also, grant of MACP is
taken for granted. “
These lines are totally against the promises of Shri A.K
Mathur Chairman 7th CPC quoting apex court judgement in para 1.29 “
it should always born in mind that legitimate aspirations of an employee are
not gullitoned and a situation is not created where hopes ends in despair. Hope
for everyone is gloriously precious and that a model employer should not
convert it to be deceitful and treacherous by playing a game of chess with their
seniority also vide para 1.30 it quotes that the employee should not be thought
as criminal and unnecessary suspicion should not be made about him.
On availability of
such sprit and promises, the
bench mark “ Very good” should not be taken in a way that “average” and “good “remark
are criminal activities and without any disciplinary proceeding their annual increment can be withheld. Similarly
these remarks cannot declare employee a non performer. The GENC, therefore, request that the para 5.1.45 pertaining to
MACPS & para 5.1.46 pertaining to efficiency Bar may not be considered for
implementations. .
8.
MACPS : (1) The 7th CPC has compiled
the key demands received by it and quoted regarding MACPS demand in 5.1.12 (e)
that the MACPS providing benefits in grade pay hierarchy, was giving in
adequate benefit after long gap of 10,
20 & 30 Years and demanded that, it should be provided in promotional hierarchy
instead of grade pay hierarchy. Similarly, the demand for increase in the
frequency of administering MACP has also
came for consideration. .
In view of all above, the 7th C.P.C. restricted itself to recommend that the frequency of MACP will remain 10, 20 & 30
years but in process to provide
adequate MACPS benefits , it
recommended , that it will be provided in immediate next level in the
hierarchy.
The GENC is trying to analyze the words immediate next level in
the hierarchy and concludes that it should simply mean the immediate
next level in the hierarchy existing in the department.
After going through entire recommendation it has been
observed that the word hierarchy was used for hierarchy existing in the department
or a cadre. In case the meaning of
immediate next level in the hierarchy is level hierarchy then It
can be said that 7th CPC has not done there any modification in the MACPS scheme and
it only tried by deceitful and treacherous method to take away the benefit as
promised.
Therefore, the GENC strongly demand that the word immediate
next level in the hierarchy may be made clearer so that it may mean immediate
next level in the cadre / promotional hierarchy.
(2) Similarly, recommendation of stepping up has been made by
7th CPC in its para 11.40.82 in respect of Railway Accounts for
MACPS anomalies.
Therefore the GENC strongly demand that the stepping up
of pay of senior for MACPS anomalies with Junior to all seniors drawing lesser
pay than junior in entire Central Govt. Employees may be made. It is to remind
that MACPS scheme is common to all and is not restricted to any cadre or
Department.
9.
House Rent Allowance:. The factor of 0.8 has been
introduced illogically and without any justification. This factor should be removed & H.R.A.
should be to restored on the basis of Metro and Non metro classification of cities
only with percentage 40 & 30 respectively .
10.
CGEIS Benefit : Many banks especially corporation Bank of
India is providing Insurance cover on natural death over salary account to the
tune of 10 to 20 Lacks . Therefore, it is not advisable to increase the
Insurance Benefit heavily and also its premium.
If saving fund is the basis of this increase in CGEIS
premium then all New entrant may be allowed for G.P.F. contributions.
11.
Child Care leave: This leave for all two years may be granted
with full salary. Its benefit should also be extended to Male employees.
12.
Medical Advances : As the terms of Children Education Allowance and Traveling
Allowance were made easier , the terms of Medical
Advance may also be made easier and
advances up to 1 lacs amount should be
allowed to be sanctioned by the Head of the office instead present 10 thousand
ceiling.
13.
Leave Travel .concession:- should be
allowed exactly on same terms as it is presently. It is to remined that the
facilities was devised to boost up the tourism Industry and also to get relief to the employees and its family from getting
tired due to routine work.
14.
Bonus: Bonus in all forms may be continued as it is
considered as deferred wage.
15.
Income Tax issues:
Present
limit of income tax may be enhanced to 2.57 times . All allowances of Central Govt. employees may be
kept out from preview of Income
tax. The Pension amount should be
exempted from tax .Death cum retirement gratuity should be exempted form income
tax.
16.
. Fitment benefits of to decide quantum of minimum
pension:
should be equal to minimum wage and fitment benefit of 2.57 may be increased to
3.
17.
Allowances: All Allowances were devised as per
requirement of existing Govt. policies and conditions of service in the Department.
Therefore, any decision taken abruptly is certainly going to produce unrest. The GENC quotes certain allowances that are certainly
to be restored and instead its rate should also be enhanced and rationalized.
Assisting Cashier Allowance ,
Caretaking Allowance , Family planning Allowance , FMC, Funeral Allowance, Ghat
Allowance , Handicapped Allowance, Head quarter
Allowance, Kit Maintenance
Allowance., ,Over times Allowance, Rent free Accommodation, Risk Allowance ,
Training stipend , Treasurer Allowance Washing allowance , Cash Handling
Allowance ., Cycle Allowance etc.
18.
Compassionate Appointment: Ceiling of 5% over DR vacancies imposed over Central Govt. employees at the time of
compassionate appointment may be removed and it may be made 100%
19.
Gramin Dak Sewak: GENC demands that Negative
recommendation of 7th C.P.C. to treat GDS a non Govt. employees to
the extent that their salary may be separated from salary other regular
employees being drawn from consolidated fund of India may be expunge out from
recommendation of 7th C.P.C. as Department of Posts has already
constituted a GDS committee to look into to all service condition and
employment matters in entirety.
20.
New Pension Scheme: It is to emphasis that Article 366
(17) defines Pension. On its basis AIR
1983 SC 130 held that Pension is not an
exgratia payment but it is payment of past services rendered. Similarly, Supreme
Court reiterated that pension is not a
bounty of state. It is earned by the employees for services rendered to fall
back upon after retirement. It is attached to the office it cannot be
arbitrarily denied.
In a judgement in
U.O.I. & others (1990) 4 SSC 207) – It was never held that both the pension retiree and PF release form a homogeneous class and that any further
classification among them would be voilative of Article -14.
The 7th CPC held that
under the pension scheme, the Govt. obligation begins on his retirement and
then continuous till the death of employees. In Para 10.1.64 the 7th CPC quotes
there is clear evidence that Govt. has progressively moved towards liberalized
regime for past pensioners. The 6th CPC has provided additional
pension and 7th CPC has provided one Rank one pension.
Unfortunately no promise
has been made by the 7th CPC.
But vide para 10.3.3 it quotes that the commission notes that the
NPS is the culmination of a series
of social securities and pension related reforms initiatives in India .
At present OASIS has concluded that
instead of defined benefit scheme for pension , the defined contribution
scheme should be introduced. In NPS 40% of accumulated wealth is invested for
pension purpose and 60% is paid at the time of retirement. NPS is not covered
in GPF. On the death of employee 80%
wealth is utilized for purchase of
annuity and 20% is paid to legal heir .
7th C.P.C.
Vide para 10.3. clearly speaks that uncertainty over the NPS scheme should be
removed. Therefore the BPEF suggest that
1.
The
quantum of pension should be made equivalent to old pension scheme and this
decision may be notified along with 7th C.P.C. recommendations.
2.
The
amount of gratuity for NPS should be made equal to old pension.
3.
Family
pension & other benefit to the NPS employees should be declared along with
7th CPC recommendations.
With regards and
hopes for positive correction
Yours
sincerely
Sd/-
(
Sadhu Singh )
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