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Thursday, December 10, 2015

Parity with CSSS - Included the demand of Stenographers in the memorandum jointly submitted by NFPE and FNPO



Updation of Gradation Lists (Upto the year 2000) of Inspector of Posts - order dated 02.12.2015

Updation of Gradation Lists (Upto the year 2000) of Inspector of Posts - order dated 02.12.2015

Suggestions by BPEF to improve 7th CPC Recommendations

BHARATIYA POSTAL EMPLOYEES FEDERATION
                         (An All India Industrial Unit of BMS)
T-21, Atul Grove Road , New Delhi-110 001

  BPEF/ 7th CPC/examination / recommendation/2015                     Dated: 7-12-2015
       
       To
                       The Secretary
                        Department of Posts
                        Dak Bhawan, New Delhi-110 001
Sub: Process to examine the recommendations made in the report of the 7th C.P.C.-
         Meeting with Departmental J.C.M. on 8-12-2015 at 11-00 A.M. -Regarding.  
Respected Madam,
           
Bharatiya Postal Employees Federation has studied the report containing the recommendations of Seventh Central Pay Commission and observed that the spirit and promises made by Chairman Shri A.K. Mathur are not reflected in the recommendations.  Certain omissions and suspicion about the service conditions of serving employees are leading to the unrest and anguish among the Central Government employees in general and Postal employees in particular. The views of BPEF with regard to all above  are reproduced below for merit based and sympathetic consideration for genuine redressal of the grievances to boost up the morale and restore the confidence and stamina so that they can serve the Nation in a better way for achieving the goal of the fastest growing economy and youngest Nation of the world.
The 7th C.P.C. has made following promises before recommending the new pay structure and providing replacement benefits.
Para 1.31 of 7th C.P.C. -The Sole consideration with the commission was to ensure that employees do not suffer economic hardship so that they can deliver and render the best possible service to the country and make the governance vibrant and effective.
1.30    . The recent trend of hounding civil servants as criminals for the failure of bona fide decisions is not a happy one. This will discourage the bureaucracy to take bold decisions in fear of being hounded if such a decision misfires. Any misadventure should not be looked upon with suspicion unless it has definite criminal intent to benefit either himself or someone else. If this trend is not checked it will lead to disastrous consequences. 
1.29    As we have mentioned above, government service is not a contract. It is a status . The employees expect a fair treatment from the government . The states should play role model for the services. In this connection, it will be useful to quote the observations in the case of Bhupendra Nath Hazarika and another vs. State of Assam and others (reported in 2013 (2) Sec. 5(16) wherein the Apex Court has observed as follows.”……It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hope end 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. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness then only the concept of good governance can be concretized. We say no more.” 
1.18    While finalizing the levels of salaries , allowances and other perquisites of compensation structure, we have tried to take a holistic approach.
1.19    The new pay structure has been laid out by and large broadly as an open ended, layered matrix, for civilians as well as for the armed forces personnel. It has been kept in view that a person should not stagnate but should have fair opportunity to progress by dint of merit and secure better emoluments so that frustration does not set in. The Modified Assured Career Progression (MACP) scheme has been further modified. It is expected that the present formulation will address the widespread dissatisfaction prevailing in the earlier system, in which the gain or progression through the MACP was considered inadequate. The remuneration package is such that employees would feel that they are valued and they are fairly paid and their remuneration is not less than a person who is similarly situated in another organization.
1.    Deficiency in PAY MATRIX
Although the intention of  promises  Para 5.1.1 in 7th CP.C. is  simplification and rationalization . The previous CPCs have rationalized Pay structure by reducing pay scale therefore, vide para 4.1.217th C.P.C.  refused to reduce them as sufficient de-layering  has been done previously. The 7th C.P.C. has taken up the entry pay devised by 6th CPC as the basis of rationalization and  devised a  index of renationalization for PB-I it is 2.57, for PB-2 is 2.62 , for PB-3 it is 2.67.   
It has been  observed by 7th CPC that the entry pay of 6th C.P.C. were disproportionate. Therefore,  the BPEF concludes  that how a disproportionate entry pay,  after going through rationalization Index.  
1.     Will produce equidistant   levels as promised while devising pay matrix.
2.    Will produce a judicious and caring horizontal matrix  the Qualification and skill set required as well as increasing  roles and responsibilities each step.
3.    Will produce Proportionate increase in quantum of pay a promised in para 5.1.19,   on promotions from Gr. C post at 2800 G.P. to gr. ‘B’ post at 4200 and promotion  from Gr. ‘B’ post to Gr. A  from G.P. 5400 in P.B. -2. G.P. 5400 in PB-3.
4.    Will produce  Levels, as status determine as mentioned in 5.1.18,
5.    Will Satisfy holistic approach of pay commission towards salaries allowances and other perquisilies of compensation structure at each level.
In view of all above, the BPEF is proposing following modification in devising New  pay matrix
 (a) Index of rationalization may be 15% enhancement  in  entry pay of immediate level for all levels up to PB-3  instead of retaining 7th CPC idea of having different index for different pay Bands.
(b)  removing grade pay of 1800 and merging the pay as well as posts with grade pay of 1900. Similarly the post lying in grade pay of 1900 may be merged  with 2000 , so that persons of High School qualification can be placed at equal levels . By this way minimum entry pay of 21000 in the New level  can be formed and the minimum wage demand of 24,700 can be attained at 5th stage in new level. .This amount of min. wage will be in tune with CSO data of net national per capita income of 2014-15 i.e. 6174 p.m. when multiplied by 4 produces 24,700.   
(c ) The  modification will also place fitment benefit equivalent benefit  to 5th CPC i.e. basic pay + 125% DA +  33%  fitment benefit . The common multiplier therefore will rise to 3 instead  of 2.57.  
(d) The compression ratio will become 1:3 between newly recruited MTS and newly recruited IPoS. (Gr. A).
(e) The modification will bring every level equidistance by 15% of previous levels as in (a)  
(f) The ratio between minimum & maximum will come to lie in ratio 1:9 i.e. 24,700 : 2,25,000
(g)  It is also that the modification will bring very meager financial implication over the Government.  
(A) Percentage increase in direct entry pay at each level recommended by 7th C.P.C. grade pay wise 
1800 ----1900(15% ), 1900—2000(9%) , 2000-2400 (17%), 2400—2800(12%) , 2800---4200(21%) , 4200---4600 (26%) 4600---4800(6%) 5400 PB-II------5400 PB-III (5%)
(B) Percentage increase in direct entry pay at each level proposed by BPEF . grade pay wise 
1800 ----1900(15% ), 1900—2000(15%) , 2000-2400 (15%), 2400—2800(15%) , 2800---4200(15%) , 4200---4600 (15%) 4600---4800(15%) 5400 PB-II------5400 PB-III (15%)
( C) Percentage increase in pay on moving from Group ‘C to B, Gr. B to Gr. A as recommended by 7th C.P.C. 
Group ‘C’ at 2800  and  Gr. ‘B’ at  4200 -------increase of 9%
Gr. ‘B’ at 5400 PB-II and Gr. A at 5400 PB-III------increase of 6% only
(D)Percentage increase in pay on moving from Group ‘C to B, Gr. B to Gr. A as proposed by BPEF . .
Group ‘C’ at 2800  and  Gr. ‘B’ at  4200 -------increase of 15%
Gr. ‘B’ at 5400 PB-II and Gr. A at 5400 PB-III------increase of 15% 
(A Graphical notation is also annexed for making our stand clearer.)
2.    MINIMUM WAGE:- Para 4.2.3 (i) of 7th CP.C quotes . – Need based minimum wage for a single worker should take care  all needs of worker family. The normative family consists of  Husband and wife and two children below 14 years, thus,  comprising 3 consumption  unit. The same when calculated came out to Rs.18000.
1st C.P.C. – Test formulated by Insulation had only to be liberally interpreted to satisfy  condition of present day and to be qualified by condition  that “in no case should a employees pay be less than living wage i.e. minimum wage.
2nd C.P.C. – Minimum wage or salary should not be delivered mearly on economic consideration but should qualify also a social test both   because of its intrinsic validity ad because of its bearing on efficiency. The fitment benefit at that time was provided 14.2 .
3rd CP.C. – has specifically examined  the demands of the employees for a need based minimum wage based on Recommendation  of 15 ILC. When it compared minimum wage evolved with  per capita  National  Income,  it found that minimum wage  is much less than per Capita  income . the fitment benefit was made  20%.  
4th C.P.C. – The minimum remuneration  could also be considered in relation to the increase is per captain National income over the  years   - the fitment benefit was provided  27%.
5th C.P.C. -It evolved constant relation Income Criterion which calculated minimum wage as 2440 which later on modified by Govt. as 2550. – the fitment benefit provided as  31 %.     
6th C.P.C.- It calculated need based minimum wage as per akroyed formula and evolved minimum wage as 7000. The fitment benefit was provided 50%.
Thus, we can see that previous CPCs considered  akroyed formula for calculating minimum wage, but with made it sole criteria and made at final stage  other considerations were also important. The concept of consumption unit has always been under controversy. The   3rd CPC has observed that newly recruited employees at  age of 20 years have no responsibility of wife and children. He can have responsibility of mother and father but after 5 years he may have responsibility wife and children . Therefore , the minimum wage should be equivalent to 5th stage of minimum  pay scale. We agree with  this concept and  the akroyed formula should be applied with 4 consumption unit and it should be  compared with 5th cell of the minimum scale.
The BPEF has devised a modified pay matrix starting from 21000 and the 5th cell in the vertical matrix comes out to be 24,700. This figure tallies with the CSO ( Central Statistical organization ) data of 2014-15 regarding net national per capita income 6174 per month. This when multiplied by 4 gives figure of  24,700.  .
3.    INCREMENT AT THE TIME OF PROMOTION : 5.1.15 -  The provisions  of 7th CPC as mentioned  in 5.1..16 specifically informs that  the concerns of new entrant   has only  been taken in New Pay Matrix and the economic benefits of serving employees,  getting replacement benefits,  has not been taken care sufficiently. It is pertinent to quote para 5.1.16- The Commission believes that any new entrant to a service would wish to be also to make a reasonable and informed assessment  of how his /her career path would  traverse and how emoluments will progress  alongside.  The new pay structure has been desired in the from of a pay matrix to provide complete  transparency regarding pay progression.
Therefore , the BPEF intends to remind you  that the employees getting replacement benefit in new pay Matrix on promotion were getting 3% benefit along with difference of grade pay . But the 7th CPC while dispensing with grade pay & Pay Band system has only recommended 3% benefit and dispensed with the grade pay difference benefit. It is highlighted that even retiree prior to 1-1-2016, have been recommended to get  the  three additional increment benefit while arriving  pension in 7th C.P.C.
Therefore, the BPEF concludes that the concern of  new entrant  as well  pensioners prior to 1-1-2006  were taken into consideration senserly   but the concerns of  serving employees,  getting replacement benefit, about   promotional benefits has not been taken sufficiently.  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.
4.            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  superannuation 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 . The Govt. has accepted full pension in 20 years and revised its pension rules accordingly.   
Now it was turn of  7th CPC to take into account above facts and 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 pension purposes  the 5% annual increment may be considered to devises new pay Matrix.
5.    Date of Annual Increment:- With present formula that each employee complelting 6 months in a year will get increment, the concept of 1st July of year is not adequate. Two dates i.e. 1st January or 1st July should be made for assessing and providing annual increment.
6.    MINIMUM – MAXIMUM RATIO : 24,700 as minimum salary when made ratio with 2, 25, 000 as maximum, it comes out to 1:9. 
7.     With holding of Annual increment of 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 his their  annual increment can be withheld. Similarly these remarks cannot declare employee a non performer. The BPEF 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 come for considers.
In view of above, the 7th C.P.C. restricted the  frequency of MACP to  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 BPEF is trying to analys   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 the recommendation it has been observed that the word hierarchy was used for hierarchy existing in the department or a cadre.  In case the meaning then  it is not it can be assumed 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 BPEF 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) Although there is no provision of stepping up  of pay of senior due to MACPS benefit provided to in the communication issued form the DOP&T  But the various Court judgement have observed that irrespective of  benefits  provided to any junior by  any scheme,  the Senior should not draw lesser pay than junior . In OA No. 2124 at Principle Bench Delhi and OA 440 of CAT Patna Bench has endorsed same principle to provide stepping up to senior due to MACPS anomalies. The Department in those judgement has decided to implement them but by restricting it to  the cadre of directly recruited lower Division clerk  of Postal Accounts organization and ignoring the claims of various other similarly placed  seniors directly recruited in MTS , Sorter , and Junior Accountant cadre.
Similar recommendation of stepping up has been made by 7th CPC also  in its para 10.40.82 in respect of Railway Accounts for MACPS anomalies . In this connection it is to be remind that 6th CPC has strongly recommended that the benefit given in one organized account cadre may be extended to all organized account cadre uniformly. The Postal Account Organization is expecting that this recommendation of Railway Account will be squarely implemented in this organizations also. Therefore, the BPEF demands for the same.    
Also, the BPEF 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 Department of Posts may be made. It is to remind that MACPS scheme is common to all and is  not restricted to any cadre.
(3) In a peculiar judgement of  Jodhpur CAT as well as High Court that the Postal organization is not having seniority cum fitness quota for promotion  from MTS to Postman or  Postman to Postal Assistant.  The recruitment in these cadre are done partially  by LDCE and partially  by direct recruitment. The court decided that these recruitment under LDCE quota are  equivalent to direct recruitment hence these LDCE promotions should not be counted while granting MACPS benefits .
In this regards BPEF strongly demands that the Jodhpur judgement may be accepted and implemented by the Department of posts in the way it has  accepted up  the stepping up  judgement given by CAT Delhi & CAT Patna in Postal Accounts organization..  
(4)   Vide para 1..27 of 7th CPC, it has  rightly pointed out that “ A number of grievances or so called anomalies have been placed before commission .  Many have their roots not in the recommendation made by 6th CPC, but in the subsequently modification made by the Govt.  and the resultant  orders issued by it . “
             In this connection it is to inform that Implementation of MACPS in Department of Post has suffered a lot as the scheme and was implemented dis-advantageously by way of administrative orders despite clear cut indications and illustration mentioned in para 28 & others of MACPS orders dated 19-5-2009 & DOP&T. . Even the charts prepared along with that order are being given no respect and MACPS benefits are allowed erroneously clarification No. I & 3 of order dated 18-10-2010 by PCC allows   counting of  regular service for 3rd MACPS   not from date of eligibility of 2nd MACPS   but  from date of extension of actual benefits of 2nd MACPS i.e. 1-9-2008.  
            The counterpart of Postal organization i.e.  Postal Account organization is not dispensing with date of eligibility for 1st, 2nd & 3rd MACPS i.e. 10 years from date of entry  or date of 1st promotion which over is earlier as date of eligibility  for 2nd  MACPS. Similarly 10 years from 2nd  MACPS eligibility date  or date of second promotion whichever  is earlier as date of eligibility for 3rd  MACPS..
            Therefore BPEF strongly demands that a committee as desired under para 1.27 of 7th CPC may be formed to correct MACPS anomalies by including internal finance wing of  Department into it before going in the  process of implementation of 7th CPC.  
9.    Many other cadres of Postal Department were restructured by 7th C.P.C. Therefore following cadres may also be restructured.
(i)            Postal / Sorting Assistants Cadre- The induction in this cadre is through LDCE exam. from Postman & MTS cadre as well as  through the direct recruitment from the Market and  GDS employees . The educational qualification prescribed for exam is Inter Mediate plus computer efficiency. It has to perform various multifarious  work and promotion of  business activities, which do not matches with the emoluments paid to them and risk involve in handling of cash amounting to crores of Rupees. They have to fulfill business targets. The  cadre of SA  has been defined as super   Technical cadre by 5th CPC and its pay scale was increased on this basis. It performs data entry work, multipurpose counter work , work in RMS sections in train under hazardous conditions .  They have knowledge of worlds geographical position used for sorting of letters and Mails. They have perform duties in different climate of different places for more than 12 hours . They performs Accounts work, legal adviser of Divisional Heads and attend the court of law. The join Army postal services duties with full trailing of Army duties.   .Therefore PA/ SA  cadre   may be upgraded to 2800 grade pay.

(ii)          PO/RMS Accountant, System Administrator, Marketing Executive- The Department of Posts utilizes the employees of Postal Assistant cadre for these expert services without providing exact benefit. Several instances have come to notice that CPCs have recommended that different pay scales are necessary were ever functional justification and functional difference exist.  For the purpose special pay or special allowance is not a  solution. Therefore, the posting in these cadres may  be  treated as LSG Promotion with grade pay 4200 and separate posts in these cadres up to  HSG-II and HSG-I level  may be identified.
The demand of PO/RMS Accountant that Special pay/ Special Allowance  to all may be merged in their basic pay may be considered there after  replacement benefit may be provided.
(iii)         Postmaster Cadre: They are inducted in Postmaster Grade-I from PA cadre after serving 5 years in it. Thereafter promotion to Postmaster Grade –II II Grade IV from these employees. It has been created to improve functioning P.O. s meet technology requirements, meet specialization in P.O. management. The All India Association Postmaster Cadre proposes that G.P. of P.M. Grade-I may be enhance to Rs. 4600 equivalent to Inspector of P.O. PM Grade –II & PM grade –III may be merged and placed in Grade pay of Rs. 4800/-. The G.P. of Senior Postmaster may be enhanced to G.P. 5400/-.
(iv)         Postman & Mailguard Cadre:  In the Department of Posts the casual labours, part time casual labour and GDS have the opportunity for Seniority cum fitness promotion in the regular cadre of Department of Posts but on other hand the regular Postman / Mailguard & Regular MTS have no opportunity for promotion to next cadre on seniority cum fines basis. Therefore these cadres may be provided Seniority cum fitness basis promotion in PA/SA and Postman / Mailguard cadre.
(v)          Mail Motor Service: The Driver are highly skilled cadre and suitable G.P. may be provided to them. All Technical cadre of Machine Tyre  Man , Up holster , Painter , Turner, Carpenter , Welder , Tim Smith , Electrician  and Black smith may be made equivalent to C.P.W.D.
(vi)         Postal Printing Press: Highly skilled Grade –I & II may be upgrade to GP. Of 2800 from 1-1-2006. Similarly Binder Grade-I may be upgraded to G.P. 2800. 
(vii)        JA/SA cadre in Postal Accounts: These cadres are divided into ratio of  20:80, i.e  the 20% Jr. Accountants fulfill the 80%  posts of Sr. Accountant These 80% Sr. Accountant have a very meager opportunity of 10%  promotion of  AAO cadre into AAO.
The structure defined above makes Junior Accountant cadre almost vacant because these 20% J.A.  get promoted  into  80% S.A. cadre very early. Similarly,  there is large number stagnation in SA cadre  as these 80% have very meager  opportunity to get inducted  into  10% AAO strength . We have gone through the various recommendations of 7th CPC for different  Departments and it has been observed that the post bifurcated by  such type of disadvantageous  ratio with regards to promotion have been merged with upgraded pay scales. Therefore,  the JA /SA cadre having no functional difference may be merged with grade pay of Rs. 4600/-. 
 It is to mention that the Jr. Accountant comes from Staff Selection Commission by the combined Graduate level Examination (CGLE)  along with Inspectors of Post offices and Assistants of Central Secretariat service. The Examination is same but the Jr. Accountant are selected on the basis of written examination and placed in 2800 Grade pay were as the IPOs of Postal and Assistants of CSS have to qualify  interview and are placed in G.P .of  4200 and 4600 respectively. (The 7th CPC has also over turned the grade pay of Inspector of Post offices and Assistants of CSS. It  now recommended G.P. of 4600 to Inspectors and G.P. of 4200 to Assistants ).
Respected Prime Minister Shri Modi Ji has announced that no interview is necessary up to Gr. B. Non Gazetted post. (The 7th CPC has also over turned the grade pay of Inspector of Post offices and Assistants of CSS. It  now recommended G.P. of 4600 to Inspectors and G.P. of 4200 to Assistants ).
 The BPEF on account of all above discussions resolves to hold that the Assistants of CSS, Inspector of Post offices and Jr. Accountant of Postal Accounts and other organized Accounts Department may be placed at equal G.P. as they are inducted through similar examination taken by similar agency and now interview for appointment to these post have been stopped  by the Hon’ble Prime Minister of India. It is also to remind that the Department of Posts has already utilized this announcement in forming new recruitment rules for GDS.   
(viii)      LDC in Postal Account Organization: The L.D.C. of Railway Accounts has changed the nomenclature as Accounts clerks with qualification High School and decided to recruit then from Railway Board recruited cell.
On this basis a restructuring committee was formed in PAOs and it was decided that the nomenclature will be made Accounts Assistant will qualification Inter Mediate and its function superior to be common L.D.C. Therefore, G.P. of 2400 MOF is still awaited. Therefore, the matter may referred to Govt. for increasing the G.P. of this Accounts Assistant to 2400. If the Deptt. agree this recruiting agency can also be change for said post. :
(ix)         LDC in Civil wing of Department of Posts: A restructuring Committee has been formed in Civil Wing organization of Deptt. of Post to have cadre review and propose various changes in cadre and its pay scales.
(a)  Works clerk Grade-II: - Since beginning the cadres of works Clerk grade-II of Civil Wing are not kept at at par with other postal employees. Now this employee is recruited from staff Selection Commission with Inter Mediate qualification and provided with grade pay of 1900 as common L.D.C. But this LDC has to  perform Clerical work, Tendering work , E-tendering work and cashier work also for which computer knowledge is essential.  .
In the Department PA/SA with Inter Mediate qualification and Computer knowledge are being recruited by Department its self and are placed in Grade pay of Rs. 2400/-
Therefore, the BPCWNGEU affiliated to BPEF demands that works clerk works clerk-II grade –II be renamed as Civil Assistant and placed in Grade pay of Rs. 2400/- If Department decides to recruit them from PA/ S.A. Exam. then we have no objection.
(b)  Works Clerk Grade-I – It deals with tender finalization, agreement, Auditing of Bills , Court cases , arbitration cases , Budgetary control and expenditure management , E-procurement etc. Hence these works clerk grade-I may be renamed as Assistants with grade pay of Rs. 4200/-
(c)  Head Clerk: It is supervisory post and every Dn. must have this supervisor cadre. Hence they may be renamed as Office Supdt. Grade-II with grade pay of Rs. 4600/-.
(d)  Office Supdt. Grade –I : It is also a supervisory post existing in every Circle. Their grade pay may be made 4800/- .  
(e)  MTS (Technical) : Like Assistant Carpenter , Asstt plumber , Sewer Man , Asstt. Mason, Asstt. Wireman, Asstt. Lift operator have to be delinked from general unskilled MTS . These may be redesignated as MTS technical with qualification High School ITI with grade pay of Rs. 2000/- They are promoted in semi skilled cadre of Rs. 2400/- after 8 years of service in MTS technical.  The semi skilled employees is promoted skilled cadre after 8 years in semi skilled cadre with grade pay of Rs. 2800/- This skilled employees promoted highly skilled cadre with grade pay 4200 after serving 8 years skilled cadre. .    
The Foreman (Electrical / Civil)  After 8 years of service in highly skilled may be created with grade pay of Rs. 4800/-.
10. 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 . 
11. 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.  
12. Child Care leave: This leave for all two years may be granted with full salary. Its benefit should also be extended to Male employees. 
13. 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.
14.  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.
15. Bonus: Bonus in all forms may be continued as it is  considered as deferred wage.
16.  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.
17. . Fitment benefit of to decide  quantum of minimum pension: should be equal to minimum wage and fitment benefit of 2.57 may be increased to 3.      
18. 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 BPEF 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.
19. 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%
20. Gramin Dak Sewak: BPEF 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.
21.         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. Simirarly , 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,
                                                                                                            ( S.K. Mishra )
                                                                                                            Secretary General.

Stenographers - Parity with CSSS



Seventh Pay Commission Recommendations on Leave and Holidays

7th CPC Leave Rules : 7th Pay Commission has recommended on Holidays and Leave for Central Government Employees and Offices.
Holidays and Leave : Presently Central Government offices observe a five-day week which results in 104 holidays every year on account of weekends. In addition, there are three National Holidays, fourteen Gazetted Holidays and two Restricted Holidays. Further, civilian government employees are entitled to 8 days’ Casual Leave, 20 days’ Half Pay Leave (commutable to Medical Leave) and 30 days’ Earned Leave. Besides the above, quite a few other types of leave are admissible.
The following paragraphs bring out, in alphabetical order, the different kinds of holidays and leave admissible, demands received (if any) and views of the Commission on each one of them. Unless otherwise stated, the existing terms and conditions regulating these holidays and leave shall remain unchanged.
Casual Leave (CL) : Casual Leave is granted to enable a government servant to attend to sudden/unforeseen needs/tasks. Presently 8 days CL is normally granted to a Central Government employee per calendar year. The number goes up to 10 days for Industrial Workers, 20 days for Defence
Officers and 30 days for Defence PBORs. Certain other categories of staff, particularly in the Railways, are granted CL ranging from 11 to 13 days in a year. Demands have been made to increase the number of CL to 15 days for Industrial Workers and 12 days for other employees. CAPFs have also sought parity with defence forces in matters of Casual Leave.
Analysis and Recommendations : Regarding the number of Casual Leave, the Commission is of the view that the present system is working well and need not be altered. As far as the case of CAPFs for parity with defence forces is concerned, the Commission notes that CAPFs are essentially civilian forces and their service conditions are different from defence forces. Hence parity in terms of number of casual leave cannot be considered. To sum up, status quo is recommended.
Child Adoption Leave : This leave is granted to female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.
Analysis and Recommendations : No demands have been received regarding this leave. Accordingly, status quo may be maintained.
Child Care Leave (CCL) : Child Care Leave (CCL) is granted to women employees for a maximum period of two years (i.e., 730 days) during their entire service for taking care of their minor children (up to eighteen years of age). There are several demands relating to CCL which include converting
the same into “family care” leave, extending the facility to male parents and many representations stressing that it should be extended at least to single male parents. Suggestions have also been received that in cases where the child is differently abled, the clause stipulating that the child should be minor, should be done away with. Single mothers have highlighted their unique problems and requested the Commission for liberalising the grant of CCL. Interestingly, representations have also been made for discontinuance of the CCL, primarily on the grounds that it disrupts office working and also because it promotes gender discrimination.
Analysis and Recommendations : When CCL was first introduced by the VI CPC it generated considerable interest as it represented a positive measure benefiting women employees. It also took a while to stabilise and it is seen that as many as five amendments/clarifications were issued within a short period of time. As it stands, it is meant for women employees “for taking care of up to two children whether for rearing the children or looking after their needs like examination, sickness etc.” It is treated akin to Earned Leave and is sanctioned as such. It may not, however, be granted in more than three spells in a calendar year.
In the first two years of its implementation the experience was that women employees tended to treat this as Casual Leave or an extension of the same, and the resultant frequent absences caused disruptions at work. To address this, in September 2010, a clarification was issued stipulating that CCL may not be granted in more than three spells in a calendar year and also that it may not be granted for less than 15 days at a time. However, the latter stipulation was subsequently withdrawn and as per the latest clarification issued on 5 June, 2014 the government has decided to remove the requirement of minimum period of 15 days CCL. It has been brought to the notice of the Commission that the capping of maximum three spells in a calendar year has, to some extent, addressed the problems relating to disruption of work.
Notwithstanding that, in the course of discussions with various stakeholders, the sense that has come across is that what was introduced as a welfare measure to help employees in times of need, is seen as a benefit that has to be availed simply because it exists. There is, therefore, a palpable need to bring in some inhibiting feature so as to ensure that only genuinely affected employees avail of this scheme. Towards this end the Commission recommends that CCL should be granted at 100 percent of the salary for the first 365 days, but at 80 percent of the salary for the next 365 days. In making this recommendation the Commission has also kept in mind the fact the concept of a paid (whether 100% or 80%) leave solely for child care for a period of two years, is a liberal measure unmatched anywhere else.
The Commission notes that in the event a male employee is single, the onus of rearing and nurturing the children falls squarely on his shoulders. Hence extension of CCL to single male parents is recommended. Moreover, the Commission recognizes the additional responsibility on the shoulders of employees who are single mothers. Accordingly, it is recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year.
Commuted Leave : Presently, Commuted Leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. A demands have been made to do away with the need for medical certificate.
Analysis and Recommendations : The Commission does not find merit in the demand. Status Quo is recommended.
Earned Leave (EL) or Leave on Average Pay (LAP) : Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence personnel. EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20
years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.
Analysis and Recommendations : In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.
The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered. The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.
Extra Ordinary Leave (EOL) : EOL is granted to a government servant when no other leave is admissible or when other leave is admissible, but the government servant applies in writing for extraordinary leave. This leave is neither debited to leave account nor is any leave salary paid. No demands have been received regarding this leave. Accordingly, status quo may be maintained.
Furlough Leave : This leave is admissible only to defence officers for up to 60 days. It can be availed at half pay, once in a cycle of three calendar years. No demands have been received regarding this leave. However, the Commission is of the view that Furlough Leave is a legacy of the pre Independence era. Since defence officers are already entitled to double the Earned Leave and more than double the Casual Leave available to civilian employees, there is no justification for continuation of Furlough Leave. Hence, it is recommended that Furlough Leave be abolished.
Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP) : Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.
Analysis and Recommendations : The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended.
Hospital Leave : This leave is granted to Group `C’ Railway employees if they are suffering from illness or injuries directly due to risks incurred in the course of official duties, on production of medical certificate. Full pay is admissible for first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months. Demands have been received to increase this leave to an unlimited period of time as applicable to PBORs of defence forces.
Analysis and Recommendations : This has been discussed under Special Disability Leave
Leave Not Due (LND) : LND is granted when the employee has no half-pay leave at credit and he/she requests for the grant of Leave Not Due. It is granted only on medical certification, if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning
to duty on its expiry. LND during the entire service is limited to a maximum of 360 days and will be debited against the half-pay leave that the employee may earn subsequently. No demands have been received regarding this leave. Accordingly, status quo may be maintained.
Maternity Leave : Maternity leave is granted to women government employees–up to 180 days for pregnancy and 45 days in the entire service for miscarriage/abortion. Maternity leave can be combined with any other leave upto two years without medical certificate. The Commission has received representations for enhancement of Maternity leave to 240 days with full pay and further 120 days with half pay.
Analysis and Recommendations : It is noted that Maternity Leave was raised from 135 days to 180 days and ‘period in continuation’ raised from 1 year to 2 years by the VI CPC. No further increase is warranted. Status quo is recommended.
Paternity Leave : Presently, a male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife, up to 15 days before or six months from the date of delivery of child. Paternity leave may also be granted to a
government servant with less than two surviving children on valid adoption of a child below the age of one year, within a period of 6 months from the date of valid adoption. There are demands to increase the period to 30 days.
Analysis and Recommendations : Present dispensation of 15 days is adequate. Status quo may be maintained.
Sick Leave : This leave is admissible to defence personnel only on account of sickness attributable/ aggravated due to service conditions. Full pay is granted for the entire duration of hospitalization. Beyond that, defence officers are allowed Sick Leave with full pay and allowances for first six months and fully pay only for next 18-24 months, while there is no such limit for PBORs. There are demands from CAPFs for complete parity with defence forces in respect of provisions of Sick Leave.
Analysis and Recommendations : Discussed under Special Disability Leave.
Special Casual Leave (SCL) : SCL is granted to employees to cover their absence from duty for various occasions like sports events, cultural activities, participation in Republic Day Parade, voluntary blood donation, Trade Union meetings, etc. Full pay is granted during SCL and it can be sanctioned with retrospective effect also. There are demands to extend SCL to organ donors till the time they are fit to resume duty.
Analysis and Recommendations : The Commission would like to express its concern at the widespread use of SCL as a means of getting away from duty. However, because of the extensive scope and case specific nature of this leave, no concrete recommendations can be made. The government may, however, consider the following suggestions:
1. Review the purposes for which SCL is presently granted.
2. Limit the number of purposes for which an employee can be granted SCL in a year.
3. Limit the total number of days that an employee can be granted SCL in a year.
Special Disability Leave : It is admissible to civilian employees when disabled by injury intentionally or accidentally inflicted or caused by or in consequence of the due performance of official duties or in consequence of official position held. Full pay is admissible for the first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided the total period of leave does not exceed 24 months. There are demands to remove the ceiling limit of 24 months–the duration of leave may be left to the discretion of doctor and full pay paid for the entire period.
Analysis and Recommendations : There are three different kinds of leave admissible to civilian/defence employees which are granted for work related illness/injuries–Hospital Leave, Special Disability Leave and Sick Leave. It is an established worldwide practice that employees who suffer illness/injuries that are attributable to/aggravated in the course of their duty need to be adequately compensated. However, due to the inherent difference between the nature of duties of civilians and uniformed forces, a distinction needs be made in the level of compensation provided. Having said that, there is some similarity in the risks faced by different uniformed forces, and consequently parity amongst them may be considered as far as this leave is concerned.
The following is, therefore, recommended:
1. Hospital Leave, Special Disability Leave and Sick Leave should be subsumed in a new Leave named Work Related Illness and Injury Leave (WRIIL).
2. Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.
3. Beyond hospitalization, WRIIL will be governed as follows:
a. For Civilian employees, RPF employees and personnel of Police Forces of Union Territories: Full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employee’s leave account.
b. For Officers of Defence, CAPFs, Indian Coast Guard: Full pay and allowances for the 6 months immediately following hospitalization, for the next 24 months, full pay only.
c. For PBORs of Defence, CAPFs, Indian Coast Guard: Full pay and allowances, with no limit regarding period.
4. In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation payable under the Act.
5. No Earned Leave or Half Pay Leave will be credited during the period that employee is on WRIIL.
Study Leave : Presently, Study Leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant. It is limited to 24 months, except for CHS officers who are allowed 36 months. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

JOINT MEMORANDUM SEEKING MODIFICATION ON PAY COMMISSION RECOMMENDATIONS SUBMITTED BY NFPE & FNPO

  AN URGENT MEETING OF J.C.M. DEPARTMENT COUNCIL WAS HELD ON 08.12.2015 AT DAK BHAWAN, NEW DELHI UNDER THE CHAIRPERSONSHIP OF SECRETARY (POSTS). BOTH FEDERATIONS (NFPE& FNPO) SUBMITTED JOINT MEMORANDUM SEEKING MODIFICATION ON PAY COMMISSION RECOMMENDATIONS, WHICH WAS DISCUSSED IN DETAIL. 
ALL OFFICERS OF POSTAL SERVICES BOARD AND BOTH SECRETARY GENERAL & GENERAL SECRETARIES OF BOTH FEDERATIONS PARTICIPATED IN THE MEETING. 
THE MEMORANDUM SUBMITTED IS REPRODUCED BELOW.