Proposal on DRTC Cadre Review

Wish you & your family a happy, healthy, peaceful, purposeful, successful, safe, energetic and productive New Year.

May this new year bring many opportunities your way, to explore every joy of life and may your resolutions for the days ahead stay firm, turning all your dreams into reality and all your efforts into great achievements.

May this New Year give the courage to triumph over your vices and embrace the virtues.
May you get succeed in the year 2016 and achieve all your goals you have set.

May you stand up for your own rights this New Year and also the rights of fellow human beings,may nothing stop you from championing a cause that you hold close to your heart.

May you get everything you want in the New Year and overcome your difficulties of the past year.

This new year take a plunge into the ocean of hope and optimism and free yourself from all your grudges,sadness.

As this year is ending,I wish all the negativity and difficulties also end with this year and 2016 bring success and desired results for us.

आप सभी को नववर्ष की हार्दिक शुभकामनाये
नया साल आपके लिये मंगलमय हो !!

గతమంతా గుణపాఠాల నిధి, నూతన సంవత్సరం కొత్త ప్రణాళికలకు పునాది
ఈ నూతన సంవత్సరంలో
మీ ఆశలు, ఆశయాలు నెరవేరాలని;
సంతోషాలు, సంబరాలు మీ ముంగిట నిలవాలని;
బంధాలు, అనుబంధాలు పెంపొందాలని
మనస్ఫూర్తిగా కోరుకుంటూ...
మీకూ, మీ కుటుంబ సభ్యులకు నూతన సంవత్సర శుభాకాంక్షలు.
ప్రకృతిని ప్రేమిద్దాం, పర్యావరణాన్ని పరిరక్షిద్దాం.

All India DRDO Technical Officers' Association (AIDTOA)
Affiliated to Confederation of Central Government Gazetted Officers' Organisations (CCGGOO)
www.aidrdotoa.blogspot.in
Email : aidrdotoa@gmail.com
SMS /WhatsApp : 09440668281

Complete overhaul of the military justice system is needed.

In July,the defence minister set up a committee to take a look at grievance red­ressal, pension-related matters and service-related litigation—all of which have taken adversarial tones in recent years. Parrikar wanted suggestions on institutional mechanisms that would bridge the gap between the ministry and the soldier.

The committee wants an overhaul of a colonial hand-me-down that is downright unfair on soldiers of a modern democracy. Risking the ire of the uniformed frat, which guards its systems with ferocity, they’ve said: “Fairplay and justice cannot be sacrificed at the altar of military discipline.”

They’ve raised questions resisted by the system so far: How impartial is the military justice system? And how insulated is it from command influence? Making a case for far-reaching changes in the dispensation of military justice, the committee says, “Gone are the days when defence establishments could invoke the veil of confidentiality or fear psychosis in all matters in the name of national security. This is understandable in operational and strategic matters, but cannot be allowed to impact administrative, personnel, pensionary issues.”

Military trials have often been challenged in courts on the ground that they lack in independence and are under the influence of the convening authorities. Superior military authorities even have the power to revise the sentences or findings of courts martial. The committee found that, in the military justice system, there was no clear separation of the powers of the executive and the judiciary. No wonder when these verdicts are challenged in higher, civilian courts, they have often resulted in strictures.

Progressive democracies have already created impartial, independent military justice systems, but in India, as the committee noted, “all main organs of a court martial continue to be subordinates of the convening authority, which puts a doubt on their impartiality” and “visible and invisible strings of the military justice system are intertwined with the chain of command”. Agreeing on the need for reforms, former army chief Gen V.P. Malik says, “As our society and systems evolve, old rules and laws are amended. Our military laws are archaic, the structures and procedures should become more impartial. But it has to be done with care, without affecting discipline.”

One major suggestion from the committee is that, in all three services, the presiding officer and others on a court martial should be from a formation outside the influence of the convening authority. It also says a standing court martial system with suitable infrastructure must be created at two or three military stations under all commands so as to do away with the ad hoc courts martial convened in remote military locations.

The committee comes down heavily on summary courts martial (SCMs), in which, it notes, principles of natural justice and basic legal norms are unknown! SCMs are provisions for quick dispensation of justice, chiefly a wartime provision to punish err­ant soldiers. But some 500 SCMs take place every year, and the establishment says they may be draconian but are essential for maintaining discipline. In the US, on the other hand, an SCM can be conducted only if a soldier gives his consent; besides, he cannot be dismissed by SCM.

The committee was particularly exercised by the way courts martials are conducted. It says justice cannot be sacrificed for discipline.

In India though, commanding officers can mete out harsh punishment­—such as dismissal or imprisonment in a civil jail—without spelling out judgments or exp­laining decisions. In one egregious SCM case, set aside by the Supreme Court in 1987, sepoy Ranjit Thakur was dismissed for disobeying his superior’s order to eat while he was in disciplinary custody. The SC observed that “the sentence should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias”. The committee has recommended that, as a beginning, SCMs should be used sparingly, and only in operational areas. Gradually, they must be replaced by a system that meets constitutional norms.

As a first step for the complete overhaul of the military justice system, the committee recommends a seven-member study group. It must comprise members from the army’s Judge Advocate General (JAG) branch, the army and civilian sides, and two independent experts. They must be given six months to create a common code for all three services, with service-specific cadres of independent military judges. And the current ad hoc juries must go. The committee also wants provisions to insulate the military justice system from senior commanders’ influence.

The defence ministry, says the committee, is a “compulsive litigant”, contesting cases against its own human resources even when matters have been settled by constitutional courts. There are more than 16,000 cases of servicemen before the courts, and 90 per cent of appeals rel­ate to the challenging of disablility benefits. In a letter of December 9, 2014, the defence secretary had asked all its arms to apply court verdicts that had reached finality to all employees to whom they might apply. Response was weak, indicating the obduracy in the system, and in September this year, the attorney general had to remind the wing in charge of ex-servicemen’s welfare that cases and appeals meeting such criteria be disposed of, for the SC had even imposed costs on the ministry for stubbornly continuing with such cases.

A more serious matter is that of the ministry not implementing courts’ and armed forces tribunals’ decisions. The committee notes that there seems to be “an unwritten policy that decisions are not to be implemented unless a contempt/execution is filed by the litigant”. Many such cases relate to pensions, often of disabled soldiers, widows, or old and infirm veterans. It strongly recommends implementation of decisions within the time frame set by courts. And with cases related to women officers, the subject of much recent debate and litigation, it has recommended that henceforth appeal in court decisions favouring women officers and their cadre management be filed only after seeking the specific approval of the defence minister himself.

Conscious perhaps of how radical suggestions can be scuttled by power centres in the civilian and military bureaucracy, this committee reported only to the defence minister, having completed its work in four months. All eyes are now on Parrikar, to see if he will see such unorthodox proposals through. Notable among them is a proposal to allow soc­ial-media interactions within the forces. Commanders may write blogs, it says, and “intrusive” procedures to restrict social media use by military personnel must go.

MACP on Promotional Hierarchy – Written reply in Parliament

The employees including Group ‘C’ (which includes erstwhile Group ‘D’) are granted three financial upgradations under Modified Assured Career Progression (MACP) Scheme in the next immediate Grade Pay hierarchy as per CCS(Revised Pay) Rules, 2008 on completion of 10, 20 and 30 years of regular service.

There have been instances where Tribunals and High Courts have directed to grant benefits under Modified Assured Career Progression (MACP) Scheme in the promotional hierarchy. However, in such cases, the order of Court is specific to the applicant only.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Kamlesh Paswan in the Lok Sabha today.
                                                               ----
Several Administrative Tribunals and High Courts have directed to grant benefits under Modified Assured Career Progression (MACP) Scheme in the promotional hierarchy.

Mentioning that the order of Court is specific to the applicants only and denying to similarly placed employees is mockery of natural justice.

AIDTOA & CCGGOO demands that the financial upgradations under Modified Assured Career Progression (MACP) Scheme should be in the promotional hierarchy.

Fitment factor

Fitment benefit @2.57 Fitment factor has been recommended for uniform application to all employees & Pensioners arrived by dividing revised minimum pay by existing minimum salary.Minimum revised salary has been worked out on the principle of need base minimum wage following Dr Aykroyed formula of 50s which is out dated & smells of colonial mindset . The “Normative Family” is taken to consist of a spouse and two children below the age of 14 yrs. (Husband 1 unit, wife 0.8 unit and children (2) at 0.6 units each). Considering wife to be 0.80 units is nothing but gender bias. In the present scenario a wife too put in the same amount of physical work rather may be more as compared to husband. She needs more nutrients to keep herself fit to be a mother & needs more clothing. A lady whether she is a wife of a labourer or a Secretary to Govt. of India has a basic right to keep her reasonably presentable for which she needs some minimum add-ons. As such treating her to be less than a unit is gross injustice.

Similarly growing Children of less than 14 yrs need more of proteins, fats & carbohydrates, with sufficient exercise & field activities for healthy growth. Today they need much better & more clothing compared to 50s. Today Nation needs healthy & stout young citizens. It is against the national interest to restrict their need base minimum requirement to 0.6 units.

The basket of items taken does not take care of digital India’s minimum requirement i.e. a smart mobile phone & internet connection. The quantities of consumption & rates taken for the items in the basket are unrealistic compared to actual retail market rates.

In the light of above mentioned facts it is felt that minimum salary has been intentionally calculated to be lower to keep common fitment factor low. AIDTOA therefore, appeals that minimum revised salary be raised upwards to make it realistic.

According to 7th CPC recommendations, 2.57 fitment factor is for all employees and pensioners. But, in fact, 2.81 fitment has been given at Secretary Level by raising existing Salary of 80000/PM to 225000/ per month.

This is robbing Peter to pay Paul, is violation of CPC own recommendation and that of Article 14 of the Constitution of India.

The net take home salary of staff and officers residing in Govt. accommodation has reduced due to increased deduction of PF and proposed CGEGIS subscription.

Ø  The net take home salary of staff and officers residing in Govt. accommodation has reduced due to increased deduction of PF and  proposed CGEGIS subscription.  The employees will also have to pay income tax on the increased income which will further increase the deficit factor.

Ø  The Pay Commission has given a matrix showing the fixation of pay in the new recommended levels.  It is broadly assumed that a junior person  getting lesser pay will be fixed pay under 7^th CPC either less than or equal to a senior person who was drawing higher pay in 6^th CPC.  The matrix given by Pay Commission creates a big anomaly which is evident from the example given below :

GP	EXISTING PAY + GP	PAY WITH 2.57 FACTOR	PAY FIXED AS PER MATRIX OF 7 CPC	LEVEL IN 7 CPC
4600 (PB-2)	27250	70032	72100	7
4800 (PB-2)	27250	70032	72100	8
5400 (PB-2)	27600	70932	71300	9
5400 (PB-3)	27600	70932	71100	10

          Remarks -  Matrix is not judicious as higher pay in 6^th CPC results

                           in less fixation in 7^th CPC.

CHARTER OF DEMANDS OF CCGGOO

1. Minimum Wage:

(1) The Confederation of Central Government Gazetted Officers’ Organisations (CCGGOO) as well as all the Federations of Central Government Employees   uniformly demanded a minimum wage of Rs.26, 000 giving full justification and calculation for the same in the Memorandum submitted to the 7^th CPC.  However, the 7^th CPC failed to appreciate the scientific calculation for Rs.26,000, but arbitrarily fixed at Rs.18,000/- on the plea that Government gives a host of other benefits that can be measured under the CTG (Cost to Government of an employee) concept.  CCGGOO is not in agreement with the methodology adopted by the 7^th Central Pay Commission.

(2) In respect of the addition of 25% to be made for children education and social obligation as per the Supreme Court Judgment, the Commission has reduced it to 15% on the specious plea that the employees are separately given children education allowance. The Children Education allowance is not a full reimbursement of the expenses one has incurred.   It is not according to Dr.Aykroyd  formula.

(3) The reduction of factor for housing from 7.5% which was adopted by the 3^rd pay commission is against the 15^th ILC Norms.

(4) The retail prices of the commodities quoted by the Labour Bureau is not in order, imaginary and factually incorrect in respect of certain articles at certain places.  The adoption of 12 monthly average of the retail prices is contrary to Dr.Aykroyd formula.  The website maintained for the Agriculture Ministry depicts the retail prices of commodities which go into the basket of minimum wage computation. Eventhough,  the rates quoted by them vary from the real retail prices in the market, it provides a different picture.

(5) The commission stated that benefits given to the employees in the lowest rung in the government, whether monetized or not, are significantly higher than the minimum basic pay and also much higher than the emoluments of skilled industrial workers and hence the 7^th CPC restricted the minimum pay of Rs.20, 870/- arrived at by the Commission to Rs.18, 000/- which is not fair.

(6) Calculating employee’s wife as 0.80 unit while computing the minimum wage component is gender bias and is totally unfair.

(7) In the case of Bank, Insurance and many other Public Sector Undertakings wage revision takes place once in 5 years. In the recently concluded agreement, Bank employees were provided more than 15% increase.

(8) After the appointment of 7^th Central Pay Commission, Government employees of Andhra Pradesh and Telangana have been given a wage structure based on a minimum wage far above the level of Central Government employees. Their wage revision does take place once in 5 years.

The minimum wage therefore requires re-computation and revision. Revise the fitment formula, the multiplication factor applied for determining the pay levels and the Pay Matrix on the basis of the so determined minimum wage.

2. Grievance Redressal Mechanism:

Constitute a suitable Grievance redressal machinery to redress the grievances of Central Government Gazetted Officers.

The issues concerning the Gazetted officers in regard to recruitment, pay scales, promotion, conditions of work, pay anomaly, standards of work continue to mount for the past sixty five years on account of   the absence of apex level “Grievance Redressal mechanism’’. The impact of such omission has been accelerating, as this issue had not been paid due attention by the successive Pay Commissions. The 7^th Central Pay Commission, inter alia, deals with “other service conditions of the Central Government Employees”,  whereas the recommendations issued by the 7^th pay Commission is, surprisingly, silent about the issue as to the establishment of ‘Grievance Redressal Mechanism’ for Group ‘B’ Gazetted Officers and promotee Group ‘A’ Officers. This is again perpetuating the injustice to the Gazetted officers of an opportunity to have Grievance redressal machinery. Hence immediate establishment of the mechanism to the Gazetted Officers to undo the injustice caused that has been persisting for decades.

3. Grant bonus, Work Related Illness and Injury Leave (WRIIL) and allowances related to Risk and Hardship to Gazetted Officers.

4. Grant a unified pay scale equivalent to the Grade Pay of Rs.5400/- to all entry level Group ‘B’ Gazetted Officers in the Central Government.

5.Restructure the Group ’B’ Gazetted cadre in all Departments from the entry level equivalent to level 9 and further grant subsequent -Time scales/levels in a time bound manner as is followed in Gr.’’A’’ cadre.

6. Withholding Annual Increments of non-performers after 20 years:

The Commission has proposed withholding of annual increments in the case of those employees who are not able to meet the benchmark of “Very Good” either for MACP or a regular promotion within the first 20 years of their service (Paras 5.1.44 – 5.1.46).  The Commission further stated that this would be treated as an “Efficiency bar” and for such employees there could be an option to leave service on similar terms and conditions as prescribed for voluntary retirement. These deterrent conditions proposed by the 7^th CPC would lead to victimization of the employees by the acts of the biased and or conservative supervising officers.  This will ultimately demotivate the sincere, hardworking and straight forward officials at subordinate levels.  The extant rules are sufficiently enough to take care of the delinquent officials and so the recommendation of the 7^th CPC in para 5.1.46 needs to be ignored.

7. For delayering, the pay levels pertaining to the Grade pays of Rs.4600 should be upgraded to Rs.4800 and Rs.8,700  to Rs.8,900.

8. Child Care Leave (CCL)

It is disheartening to note the recommendation of reducing the salary by 20% for availing second spell of 365 days CCL.  This recommendation will have a telling effect on the entire family in cases where the beneficiary employee is the sole bread winner of the family. As such, reduction in salary for availing CCL as recommended by the 7^th CPC also needs to be ignored.

9. Abolition of interest - free advances

The 7^th CPC has recommended that all interest - free advances should be abolished (Para 9.1.4). In this connection, the impact of the abolition of interest - free advances with respect to the following merits special attention viz.,

            1. Advance of TA on Tour/Transfer/Retirement

            2. Advance of LTC

           3 Advance in connection with Medical treatment.

Advance of TA on Tour: Presently the advance shall be adjusted immediately after completion of tour.  If the recommendation is implemented, the official who undertakes official tour for a month (30 days) has to meet the expenses from his/her pocket which roughly works out to Rs.1, 04,640 i.e., Reimbursement of staying accommodation charges @ Rs.2250 + Reimbursement of travelling charges @Rs.338 per day + lump sum amount payable for food @Rs.900 per day for 30 days for level 9 to 11.   Thus the official undertaking tour has to bear around Rupees one lakh per month which is miserable.  It is not uncommon in Government sector that reimbursement bills are not paid immediately as it requires intense verification/processing of bills by the administration and PAO.  Abolition of Advance of TA on Tour will eventually ruin the official financially.  Such recommendations should be ignored.

TA on Transfer/Retirement: The 7^th CPC recommended that Composite Transfer and Packing Grant (CTG) should be paid @ 80% of last month’s Basic Pay and no other add-ons should be allowed in Basic Pay while calculating CTG.  This restriction of CTG  to 80% render the official financially miserable.  Therefore, the so-called “general approach of rationalizing the percentage based allowances by a factor of 0.8” has to be ignored.

The interest - free advances and interest bearing advances like Motor Car and Scooter advances should not be abolished as they were given only to safeguard the interest of the government employees as well as the Government functioning.

10. Ceiling on Death cum Retirement Gratuity (DCRG):

The 7^th CPC has recommended enhancement in the ceiling of gratuity from the existing Rs.10 lakh to Rs.20 lakh from 1.1.2016 (Para 10.1.37) The Confederation demanded that there should be no ceiling for DCRG. On implementation of 7^th CPC Pay Matrix, the officials especially placed in level 9 and above would, no doubt, reach the ceiling of Rs.20 lakh in 3 or 4 years.  Besides, if ceiling would be increased by 25% whenever DA raises by 50% as recommended, the same problem would arise as there  would be no further increase in ceiling beyond 50% rise in DA. Therefore, there should not be any ceiling of gratuity. Gratuity calculation to be on the basis of 25 days in the month as against 30 days as per the Gratuity Act.

11. Increment:

a)Rate of Increment :

The 6^th CPC initially recommended increment @ 2.5% which was ultimately increased to 3%.  In the Pay Matrix recommended by 7^th CPC, the increment is below 3% in certain Levels. The Confederation had demanded increment @ 5% to have parity with that of PSUs where increment @ 5% is provided.  The 7^th CPC recommended vide para 5.1.38 that the rate of annual increment is being retained at 3%.  The 7^th CPC had not taken into cognizance the Confederation’s demand.  The increment rate is necessarily to be enhanced to 5%.

b)Problem in uniform date of increment as 1^st July:

CCGGOO brought to the notice of the 7^th CPC that the uniform date of increment prescribed by 6^th CPC has encountered certain problems and demanded that two specific dates as increment dates viz., 1st January and 1^st July so that those recruited/appointed/promoted during the period between 1^st January and 30^th June will have their increment date on 1^st January and those recruited/appointed/promoted between 1^st July and 31^st December will have it on 1^st July next year.  Therefore, in order to mitigate the hardship, we reiterate that two specific dates as increment dates viz., 1^st January and 1^st July.

c) Provide one increment on the last day in service if the concerned employee has completed six months or more from the date of grant of last increment.

d) Two increments at the time of promotion may be provided as the recommendation has not made any replacement for Grade Pay difference being provided at the time of promotion.

12. CGEGIS :

The apportionment ratio between Savings and Insurance Funds requires to be re visited and the quantum of Insurance segment to be reduced. V CPC recommended 75:25 ratio   as an interim measure. As mortality rate, life expectancy and health delivery systems of Central Government Officers and Employees have improved over a period of time,the Tables of Benefits published by Ministry of Finance should be modified periodically. Appropriate Machinery for a periodical review of the current mortality rates and adjustment of the apportionment ratio should be established. The premium to CGEGIS should be given basic exemption from Income tax.

13. MACP

MACP has to be treated as financial up -gradation without any grading stipulation and to be provided on the basis of the promotional cadre hierarchy of the concerned department.  Ignore the examination, Benchmark ’very good’, efficiency bar stipulation made by the 7^th Central Pay Commission. Reasonable promotional policy for Group ’B’ Gazetted Officers in technical and supervisory cadre has to be framed.

14. Revise the pay once in five years instead of 10 years now in vogue.

15. Fill up all vacancies in various departments by holding special recruitment drive. Contract/Casual and daily rated employees to be regularised against the huge vacancies existing in various Government offices.

16 .Reimbursement of staying accommodation charges :

The 7^th CPC recommended the ceiling for reimbursement of staying accommodation charges of Rs.2250 for level 9 to 11, Rs.750 for level 6 to 8 per day.  The quantum of allowances recommended for level 6 to 8 is extremely low and getting lodging accommodation for Rs.750/- especially in urban centres is extremely difficult.  The quantum recommended also is not commensurate with the market rent.  Therefore,  the accommodation charges for level 6 to 8 may be increased to Rs.1500 per day.  Similarly for the level 9 to 11 the accommodation charges to be raised to Rs.3000/- per day.  The 7^th CPC has not given even single rupee extra over the prevailing accommodation charges and simply reiterated the old rate. Therefore, CCGGOO urges suitable upward revision of accommodation charges for level 6 to 8 and 9 to 11.

17. Retain the rate of House rent allowance in place of the recommendation of the commission to reduce it.

18. Restructure the Transport Allowance into two slabs at Rs.7500 and 3750 with DA thereof removing all the stipulated conditions.

19 (i) Fixed conveyance allowance: This allowance had no DA component at any stage. This allowance must be enhanced to 2.25 times with 25% DA thereon as and when the DA crosses 50%. (ii). Restore the island Special duty allowance and the Tripura Special compensatory remote locality allowance. (iii) . The special duty allowance in NE Region should be uniform for all at 30% (iv) Small family norms allowance etc should be continued. (v) The erroneous statement in para 9.2.5 to be corrected in respect of Child Adoption Leave period.

20.  Exclude the Central Government Gazetted Officers and employees from the ambit of the National Pension Scheme (NPS) and extend the defined benefit pension scheme to all those recruited after 01.01.2004.

21.  Parity between the past and present pensioners to be brought about on the basis of the 7^th CPC recommendations with the modification that the basis of computation to be  the pay level of the Post/Grade/Scale of pay from which one retired, whichever is beneficial.

22.  Pension to be 60% of the last pay drawn in the case of all eligible persons who have completed the requisite number of years of service.

23. The family pension to be 50% of the last pay drawn. (b) Enhance the pension and family pension by 5% after every five years and 10% on attaining the age of 85 and 20% on attaining the age of 90. (c) Commuted value of pension to be restored after 10 years or attaining the age of 70, whichever is earlier.

24. Fixed medical allowance for those pensioners not covered by CGHS and REHS to be

increased to Rs. 2000 p.m.

25. Strengthening of the existing CGHS and CSMA facilities is the need of the hour. The health of the employees and pensioners cannot be left at the mercy of Insurance Companies and their mechanisations. CGHS should be expanded to cover all the major/important cities where employees are working and pensioners are residing. The Department Related Parliamentary Standing Committee on Health & Family Welfare in its report recommended for establishing separate Super Speciality Hospitals exclusively for CGHS beneficiaries, on the lines of Ministry of Railways, Defence and ESIC, one in each Metro City. Provide Cashless, hassle free medical facilities to all Central Government officers, employees and pensioners. Improvements in the existing Medicare systems viz., CS (Medical Attendance) Rules & CGHS has to be carried out.

26. Extend the scope of Children Education Allowance (CEA) to Graduate and Post Graduate studies.

27. Civilianization of Military Engineering Service (MES), DGQA, DRDO, Survey of India, BRO etc. Implement the observation of 7^th CPC according to para 11.12.42 to 45.

28. Parity to be ensured to all Officers and staff in field/subordinate offices with Central Secretariat by upgrading their pay scales and not by downgrading the pay scales of the CSS.

CHARTER OF DEMANDS OF CENTRAL GOVT. EMPLOYEES

1.Re-compute the minimum wage on the basis of the actual commodity prices as on 1.7.2015 and factor the Dr. Aykroyd formula stipulated percentages for housing and social obligations, children education etc. Revise the fitment formula and pay levels on the basis of the so determined minimum wage.

 We are not in agreement with the methodology adopted by the 7th CPC in computing the minimum wage. We give here under briefly the reasons thereof.

1. The retail prices of the commodities quoted by the Labour bureau is irrational, imaginary and even absurd in respect of certain articles at certain places.

2. The adoption of 12 monthly average of the retail prices is contrary to Dr. Aykroyd formula. Same is the case with the reduction effected by the Commission on housing and social obligation factors. The house rent allowance is not a full compensation of the expenditure incurred by an employee for obtaining an accommodation. Therefore, no reduction on that count in arriving at the minimum wage is permissible. We may cite the minimum wage computation made by the 3^rd CPC in this regard. The employees were in receipt of HRA even at that time. But still the 3^rd CPC, and rightly so, adopted the 7.5% as the factor for housing. In respect of the addition to be made for children education and social obligation as per the Supreme Court judgment (25%), the Commission has reduced the percentage to 15% on the specious plea that the employees are separately given children education allowance. The Children education allowance is not a full reimbursement of the expenses one has to incur. After the liberalisation of the Education Sector where private parties were allowed to set up universities and colleges, the expenses for education had increased heavily. No concession or allowance is granted to the employees for educating the children beyond the higher secondary levels. The earlier Pay Commission has only tried to compensate a little in the increasing cost of education and that too at the primary level, since even the Governmental institutions had started charging abnormal tuition and other fees.

3. The website maintained for the Agriculture Ministry depicts the retail prices of commodities which go into the basket of minimum wage computation. Even though the rates quoted by them vary from the real retail prices in the market, it provides a different picture. If one is to take the rates quoted by them for different cities and make an all India average of the prices as on 1.7.2015, it will work out to Rs. 10,810/-. It will result in the computation of the minimum wage of Rs. 19,880/-. Adding 25% for arriving at the MTS scale, it will rise to Rs. 24,850/-. To convert the same as on 1.1.2016, 3% will be added as suggested by the 7th CPC. The final computation will be Rs. 25,596/-, when rounded off shall be Rs. 26,000/-.

4. The Andhra Pradesh State Pay Commission in its report has taken the commodity prices at Rs. 9,830/- as on 1.7.2013 which works out to a minimum wage of Rs. 18,080/-. The wage of MTS will then be Rs. 22,600/- as on 1.7.2013. The Corresponding figure for 1.1.2016 shall be Rs. 26,758/- rounded off to Rs. 27,000/-.

5. The minimum wage was computed as on 1.1.2014 at Rs. 26,000/- taking the commodity price at Rs.11, 344/-. The rates were taken on the basis of the actual retail prices in the market as on 1.1.2014(average prices of 8 Cities in the country) substantiated by the documentary evidence of Cash bill obtained from the concerned vendors. As on 1.12016, the minimum wage work out to Rs. 29,339/- rounded off to Rs.30, 000/-

6. The 5^th CPC adopted the rate of growth in the economy ( as reflected in the increase in the per capita net national produce at factor cost) over a period of ten years to arrive at the increase required to be made to arrive at the minimum wage. The per capita NNP at factor cost registered an increase of 65.28% over a period of ten years in 2013-14. If we apply the same percentage to the emoluments (Pay +DA) as on 1.1.2016 (assuming that DA will be 125% as on that date), the minimum wage as on 1.1.2016 for an MTS will have to be Rs. 26,030/- rounded off to Rs. 27,000/-.

7. In para 4.2.9 of the report, the Commission has given a table depicting the percentage increase provided by the successive Pay Commissions, according to which the 2^nd CPC had made a paltry increase of 14.2%. The 3^rd CPC gave a rise of 20.6, 4^th 27.6, 5^th and 6^th CPC 54%. While the percentage increase had been in ascending order all along, the 7th CPC has sought to reverse that trend ostensibly for reasons unknown. It  was the meager increase of 14% provided for by the 2nd CPC that triggered the volatile situation in the civil service and led to all India strike encompassing all employees which lasted for 5 days in 1960. We do not know whether the 7 CPC really intend to create such a scenario once again.

8. In the case of Bank, Insurance and many other Public Sector Undertakings, wage revision takes place once in 5 years. In the recently concluded agreement, Bank employees were provided more than 15% increase.

9. After the implementation of the Pay Commission’s Report, the AP State Employees have been given a wage structure based on a minimum wage far above the level of Central Government employees. In their case also wage revision does take place once in 5 years.

It could be seen from the above that the computation of minimum wage by the 7^th CPC is prima facie wrong and computed on untenable premises and incorrect data. The minimum wage therefore requires re-computation and revision. Once the minimum wage gets revised, the fitment formula, the multiplication factor applied for determining the pay levels and the pay matrix itself will have to be consequently revised.

Determination of Pay Level Minimum
It is seen that the 7^th CPC has applied varying multiplication factors for different pay levels. The 6^th CPC has taken the emoluments in the private sector to hike the salary of officers by applying different yardstick to compute the pay bands disturbing the vertical relativity while the 7th CPC has further accentuated the gap of differences in wages between officers and employees. This being unacceptable we urge upon adoption of uniform multiplication factor for determining pay levels.

2. Revise the pay matrix basing upon the revised minimum wage and rounding off the stages to the next hundred. Accept the suggestion made by the Staff Side in its memorandum to 7^th CPC for de-layering viz. to abolish the pay levels pertaining to GP 1900, 2400 and 4600.

In our memorandum to 7^th CPC the staff side had requested for de-layering by abolition of Grade Pays of Rs 1900, 2400 & 4600. The pay levels pertaining to GP 1900, 2400 and 4600 may be abolished and merged with the next higher levels.

3. Revise the rate of increment to 5 % and grant two increments in the feeder cadre levels as promotion benefit.

The rate of increment has been pegged down to 3% by the 7^th CPC. At this rate an employee will not be able to double his pay even after 30 years. The demand of the staff side to increase the rate of increment to 5%  be accepted. Promotion from one cadre to another is a rare phenomenon in government services especially in lower grades. If one to be awarded only an increment amounting to 3% of pay, it might not become a sought after affair and will in fact act as a de-motivating factor. This apart, in most of the Govt. Departments, promotion is followed by posting to a different location. Those who are posted to unclassified cities or from Metro cities to towns will financially suffer due to such mandatory transfer on promotion. This is because of the fact that the rate of HRA, Transport Allowance etc. vary from one station to another. The financial benefit on promotion must be, therefore, at least two increments i.e. 10% of the pay.

4. Fill up all vacant posts by holding special recruitment drive.

5. MACP to be treated as financial up-gradation, without any grading stipulation; to be provided on the basis of the promotional cadre hierarchy of the concerned department; increase the number of MACP to five on completion of 8, 15,21,26 and 30^th years of service. Reject the Efficiency Bar stipulation made by 7^th CPC. Personnel promoted on the basis of Examination should be treated as fresh entrants to the cadre.

6. Upgrade the LDCs in all departments as UDCs for it is stated by the Commission that the Government has stopped recruiting personnel to this cadre. The cadre of LDC, after the introduction of MTS has presently overlapping functions. Most of the specific functions have also become obsolete on introduction of computerised diarizing and maintenance register. There is no specific need for this cadre in any of the offices. While future recruitment can be stopped, which the government has conveyed to the Commission, what has to be done to the existing cadre is not mentioned. It is therefore necessary that the existing incumbents be promoted as UDCs by upgrading all posts of LDC as UDCs.

7. a) Parity to be ensured for all Stenographers, Assistants, Ministerial Staff in subordinate offices and in all the organized Accounts cadres with Central Sectt. by upgrading their pay scales (and not by downgrading the pay scales of the CSS).

b) Drivers in all Government offices to be granted pay scale on par with the drivers of the Lok Sabha.

The question of Parity, as has been rightly mentioned by 7^th CPC, is a settled matter. It is the Department of Personnel, the cadre controlling Department for CSS cadre that unsettles the parity every time. The recommendation to downgrade the CSS is however not acceptable. What is required is to grant higher pay levels at par with CSS ministerial and stenographer cadres and other similarly placed cadres in the field/subordinate offices and IA&AD & Organised Accounts cadres.

8. To remove existing anomaly, the annual increment date may be 1^st January for those recruited prior to 30^th June and 1^st July in respect of those recruited prior to 31^st December.

9. Wage of Central Government Employees be revised in every 5 years.

10. Treat the GDS as Civil Servant and grant them all pay, allowances and benefits granted to regular employees on Pro-rata basis.

11. Contract/casual and daily rated workers to be regularised against the huge vacancies existing in various Government offices.

12. Introduce PLB in all departments. All existing bilateral agreement on PLB must continue to be in operation.

13. Revise the pension and other retirement benefits as under :-
(a) Parity between the past and present pensioners to be brought about on the basis of the 7^th CPC recommendations with the modification that basis of computation to be the pay level of the post / grade/ scale of pay from which one retired; whichever is beneficial.
(b) Pension to be 60% of the last pay drawn in the case of all eligible persons who have completed the requisite number of years of service.
(c) The family pension to be 50% of the last pay drawn.
(d) Enhance the pension and family pension by 5% after every five years and 10% on attaining the age of 85 and 20% on attaining the age of 90.
(e) Commuted value of pension to be restored after 10 years or attaining the age of 70, whichever is earlier. Gratuity calculation to be on the basis of 25 days in the month as  against 30 days as per the Gratuity Act.

(f) Fixed medical allowance for those pensioners not covered by CGHS and REHS to be increased to Rs.2000/- p.m.
(g) Provide one increment on the last day in service if the concerned employee has completed six months or more from the date of grant of last increment.

14 Exclude the Central Government employees from the ambit of the National Pension Scheme (NPS) and extend the defined benefit pension scheme to all those recruited after 1.1.2004.

15 In the absence of any recommendation made by 7^th CPC, the Government must withdraw the stipulated ceiling on compassionate appointments.

16 Revise the following allowances/advances as under in place of the recommendations made by the 7^th CPC.
The 7th CPC has recommended to abolish large number of allowances and interest free advances without going into the exact relevance in certain departments where the allowances are provided for. The allowances which are stated to be subsumed and which are clubbed with others also require consideration. If these allowances are withdrawn, it might affect adversely the very functioning of the Department itself in certain emergent situation. Of the allowances mentioned in the report for abolition, we have mentioned hereunder those pertaining to civilian employees which require to be retained.

 In respect of advances the Commission appears to have taken a shylock view of the matter. Most of the under mentioned advances are required to meet out contingencies which the employees cannot manage to organise. These advances are, therefore, to be retained.

(i) Allowances
(a) Retain the rate of house rent allowance in place of the recommendation of the commission to reduce it.
(b) Restructure the transport allowance into two slabs at Rs. 7500 and 3750 with DA thereof removing all the stipulated conditions.
(c) Fixed conveyance allowance: This allowance had no DA component at any stage. This allowance must be enhanced to 2.25 times advance.
(f) Vehicle advances including cycle advance with 25% DA thereon as and when the DA crosses 50%.
(d) Restore the island Special duty allowance and the Tripura Special compensatory remote locality allowance.
(e) The special duty allowance in NE Region should be uniform for all at 30%.

(f) Overtime allowance whenever sanction must be based upon the actual basic pay of the entitled employee.

(g) Cash handling /Treasury allowance. The assumption that every transaction in Government Departments are through the bank is not correct. There are officials entrusted to collect cash and therefore the cash handling allowance to be retained.
(h)Qualification Pay to be retained.
(i) Small family norms allowances
(j) Savings Bank allowance

(k) Outstation allowance
(l) P.O. & RMS. Accountants special allowance.
(m) Risk allowance
(n) Break-down allowance.
(o) Night patrolling allowance.
(p) Special Compensatory hill area allowance.
(q) Special allowance for Navodaya Vidyalaya Staff.
(r) Dress Allowance ceiling to be raised to Rs. 32,400/- p a
(s) Nursing Allowance to be raised to 2.25 times of Rs 4800/-
(t) All fixed allowances must be raised to 2.25 times as per the principle enunciated by the Commission.
(u) The erroneous statement in Para 9.2.5 to be corrected. Vide OM No. 13018/1/2009-Estt (L) dated 22.07.2009, DOP, P&W, the leave period for Child adoption has been increased to 180 days.
(v) Restore the allowances abolished for the reason that it is either not reported or mentioned in the Report by the Commission.

17. Advances.
Restore the following advances and revise the same to 3 times.
(a). Natural calamity advance;
(b). Festival Advance

(c) LTC and TA advances
(d). Medical advance
(e). Education advance

(f)Vehicle advances including cycle advance

18. The stipulation made by the 7^th CPC to grant only 80% of salary for the second year of CCL be rejected and the existing provisions may be retained.

19. 50% of the CGEGIS premium to be paid by the Government in respect of Group B and C employees.

20. Health insurance to be introduced in addition to CGHS/REHS and CCS(MA) benefits and the premium to be paid by the Government and the employee equally.

21. Reject the recommendations concerning PRIS.

22. Full pay and allowances to be provided for the entire period of WRII.

23. The conditions stipulated in clause (4) & (5) under Para 9.2.37 be removed.

24. Reject the recommendation made by the 7^th CPC in Para 8.16.9 to 8.16.14 concerning dress allowance to PBOR as otherwise the five Ordnance Equipment factories under OFB will have to be closed down.

25. Set up a Group of Ministers’ Committee to consider the anomalies including the disturbance of the existing horizontal and vertical relativities at the National level and Departmental/Ministry level with provision for referring the disputed issues to the Board of Arbitration under the JCM scheme.

26. To increase the promotional avenue for Technical and other Supervisory staff.