Minutes of the 46th Ordinary Meeting of the National Council (JCM) held on 15th May, 2010.

NO. 3/2/2009-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of personal&Training
JCA Section

North Block, New Delhi
Dated: 7th July, 2010.

OFFICE MEMORANDUM

Subject: Minutes of the 46th Ordinary Meeting of the  National Council (JCM) held on 15th May, 2010.

The undersigned is directed to  forward a copy of the minutes of the 46th Ordinary Meeting of  the National Council (JCM) held on 15th May, 2010 in Conference  Hall No. 267, Rail Bhavan, New Delhi under the Chairmanship of  Cabinet Secretary for information and necessary action.

Dinesh Kaplia
Director(JCA)
Tel:2309 2589

All Members of the National Council (JCM) as per list  attached.

MINUTES OF THE 46th MEETING OF  THE NATIONAL COUNCIL

(JCM) HELD ON 15TH May 2010

1. The 46th Meeting of the National
Council (JCM) was held on 15th May 2010 under the Chairmanship
of Shri K. M. Chandrasekhar, Cabinet Secretary. A list of the
representatives of Staff Side and Official Side who participated
in the meeting is annexed.

2. The Cabinet Secretary and Chairman, National Council (JCM)
extended a hearty welcome to the representatives of the Staff
Side as well as the Official Side. The Chairman stated that
although there has been a long gap between the 45th and
46th meeting of the National Council but there have been
continued informal interactions between the staff and official
sides. He referred to the fruitful

discussions held with the representatives of the Staff Side to
discuss the recommendations of the 6th CPC and also stated that
the meetings of the Standing Committee have also been held quite
frequently. He further hoped that there would be progress
achieved in the two meetings of the National Anomaly Committee.
He also stated that a Joint Committee consisting of the members
of

the staff side and official side to specifically look into the
anomalies in the Modified Assured Career Progression Scheme has
been set up. Therefore, it has been the endeavour of the
Government to address the problems of the employees as
effectively as possible.
3. The Chairman then enumerated some of the decisions taken
by the Government in the recent past :
• The CCS (Revised Pay) Rules 2008 have been notified vide
GSR 622 (E) dated 29th August 2008.
• Instructions have been issued vide O.M. No.1/1/2008-IC
dated 30th August 2008 regarding fixation of pay and payment
of arrears.
• Instructions regarding revision / refixation of pension/
family pension have been issued vide O.M. NO. 38/37/08-P&PW
dated

1st September 2008.
• Instructions regarding revision in the provisions
regulating pension/ gratuity/ commutation of
pension/family pension/disability pension/ex-gratia lump sum
compensation have been issued vide O.M. No.38/37/08-P&PW dated
2nd September 2008.
• Instructions / guidelines regarding the Modified Assured
Career Progression Scheme (MACP) have been issued vide O.M.

No.35034/3/2008-Estt (D) dated 19th May 2009.
• Instructions/ guidelines regarding enhancement in the
quantum of maternity leave and introduction of Child Care Leave
(CCL) to

women employees have been issued vide O.M. No.13018/2/2008-Estt.
(L) Dated 11th September 2008.
• Instructions / guidelines regarding special casual leave to
the Central Government Employees with disabilities have been

issued vide O.M. No 25011/1/2008-Estt. (A) Dated 19th November
2008.
• In addition, most of the allowances of the Central
Government Employees have been doubled as per the
recommendations of

the 6th Central Pay Commission.
4. The chairman also stated that the fact that all the issues
relating to recommendations of 6th Central Pay Commission could
be resolved through the process of constructive dialogue, shows
the kind of closeness that the government has been able to
maintain with all concerned. The Chairman informed that
instructions have been re-iterated to all Ministries /
Departments to make effective use of Joint Consultative
Machinery and also to ensure that meetings of the Departmental
Councils are held more frequently. The

Chairman also stated that there is a need to evolve a mechanism
to ensure that the Meetings of the National Council could be
scheduled in such a manner that there is certain fixity about
the dates and the time.
5. The Chairman once again stated the resolve of the
Government to maintain a sustained level of contact with the
staff side to take forward the process of consensus building and
collaborative endeavour to achieve the goals of higher
productivity, efficiency and staff welfare. With these words,
the Chairman once again welcomed all the participants to
the National Council meeting and assured them of the fullest
cooperation in discussing and resolving staff grievances, in a
just manner, keeping in mind the compulsions of our economy.
Thereafter, the Chairman invited the Leader, Staff Side and the
Secretary, Staff Side to make their opening remarks.
6. The Leader, Staff Side thanked the Chairman for apprising
the staff side of the important decisions taken by the
Government in the

recent past particularly relating to the implementation of
the recommendations of the 6th CPC. He further thanked the
Empowered

Committee for hearing the staff side on 17th May 2008 before
taking a final view on the recommendations of the 6th CPC which
resulted in improvements in some of the recommendations of the
6th CPC at the implementation stage. He further thanked the
Chairman for having played a key role in satisfying the genuine
aspirations of the staff. He then referred to the Child Care
Leave (CCL) and stated that subsequent to issuance of orders
granting the CCL to the women employees, certain restrictions
were imposed through a clarification issued by the Government.
While agreeing that certain restrictions are necessary,
he stated that the restriction regarding exhausting all the
Earned Leave to be eligible for CCL is really very harsh and a
number of representation have

been received from the women employees. He further stated that
what was agreed by the Cabinet and implemented earlier was
diluted in the name of a clarification issued later. He
requested the official side that once orders are issued and
subsequently changes are required due to practical difficulties
being faced by the Government in implementing those orders, then
such issues should be first discussed with the representatives
of the staff side before taking any decision to carry out any
changes. He, therefore, requested the Official Side to look into
this genuine grievance of the staff and review the CCL in such a
rational manner that will not jeopardize the efficiency and at
the same time welfare of the staff is also taken care of.
7. Leader, staff side then referred to the Children
Education Allowance (CEA) and stated that subsequent to the
issuance of the

original order granting CEA to maximum of 2 children, a
clarification was issued that only the eldest two surviving
children are eligible for CEA. This has resulted in problems and
in certain cases the administration divisions of some Ministries
/ Departments have even started recoveries. He requested that
this may be looked into and further requested that once
a decision is taken and implemented, it should be maintained and
should not be scuttled or diluted later in order to convey the
right kind of message

to the employees.
8. Leader, Staff side, also conveyed the appreciation of the
staff side and thanked the Secretary (P) for quickly agreeing to
constitute Joint Committee to look into the aberrations /
anomalies in the MACP Scheme. He stated that the earlier Scheme
of ACP got completely diluted by the newly introduced MACP
Scheme. He opined that in reality an employee who hitherto got
the two financial upgradations in 24 years under the old ACP
Scheme, shall now have to wait for three decades to get the
same level of upgradations under the new MACP Scheme. Therefore,
this is a serious aberration and he hoped that the Joint
Committee will be able to resolve the matter to the
satisfactions of the staff. He once again thanked Secretary (P)
for his special initiative on this particular issue.
Leader, Staff Side also referred to the various pay bands and
grade pays recommended by the 6th CPC and stated that there are
a large number of issues / anomalies and once again thanked
Secretary (P) for holding the two meetings of the NAC with the
positive intent. He referred to the fruitful discussions held
during the two meetings of the NAC and conveyed the appreciation
of the staff side for taking the perceptions of the staff
side seriously and in the right spirit. He referred to the
mismatch in the pay

drawn by a senior direct recruit inducted into the service prior
to 1st January 2006 and that of a junior direct recruit inducted
into service after 1st January 2006 and stated that this is a
genuine issue and requested the official side to find out a way
to rectify the anomaly. Regarding holding the meetings of the
National Council, he stated that the meetings should be held
more frequently in order to ensure that the dialogue process
can continue. He further stated that normally after every Pay
Commission, the Government used to raise the limit of the
taxable income. This was not done this time, with the result
that even the low paid employees have come within the ambit of
the income tax. He assured the Chairman of the fullest
co-operation of the staff side for improving efficiency
and productivity and again requested the Chairman to meet the
staff side as often as possible in order to build harmonious
relationship through the dialogue process.
9. Thereafter, Secretary, Staff Side while making his
opening remarks, thanked the Chairman for holding the
46th meeting of the

National Council. Referring to the JCM Scheme, he stated that
the scheme was evolved in order to ensure harmonious relations
between the staff and the Government and the essence of the
harmonious relations between the two is a constant dialogue. He
was of the view that the JCM Scheme provided the platform for
the dialogue. He further stated that it was not necessary to
have grievances but it is vital to have a dialogue which enables
the Government to know the pulse of the staff and also makes the
staff aware about the thinking of the Government on
various related issues. He, however, regretted that in the past
few years, the formal dialogue through the meetings of the
National Council has been irregular. He also stated that efforts
were made to hold the 46th Meeting the National Council earlier
also, however, because of one reason or other, the meeting could
not be held. He also pointed out that the

real problem lies at the level of the Departmental Councils
where the meetings have been held regularly in a very few
Ministries / Departments. He was of the opinion that if the JCM
machinery is to work smoothly then it has to function properly
at all levels including the Departmental Council.
10. Thereafter, Secretary, Staff Side referred to the 16
pending awards of the Board of Arbitration and stated that these
awards have not been implemented by the Government and there is
a need to discuss them once again with the staff side. He
further stated that arbitration was inbuilt in the JCM Scheme.
Issues on which agreements could not be reached are to be
referred to the Board of Arbitration. Both the Parties are
supposed to abide by the decision of the Arbitrator. The Govt.
Is vested with the power of referring to the Parliament for
approval of rejection of the awards on certain specific
circumstances like the expenditure on implementation of such
awards would have a serious deleterious effect on the economy of
the country. He further stated that of late the Government had
been referring every award to the Parliament for rejection and
even though it was agreed that such references would be
intimated to the Staff Side well in advance, the same had not
been adhered to. He added that recently he was informed of such
a rejection of an award being considered by the Parliament on
4th May, 2010. However, the Staff Side was informed only on 3rd

May, 2010. He, therefore, suggested that in future sufficient
notice should be given to the Staff Side before moving the
resolution for rejection of any award in the Parliament. He
further stated that despite two or three rounds of discussions,
no consensus could be arrived at on the pending awards of the
Board of Arbitration. He conveyed that the Staff Side is willing
to discuss these awards with the Official Side so as to reach an
amicable solution. He, therefore, suggested that the pending
awards may once again be discussed with the Staff Side before
taking a final view on them. He also stated that there was a
need to give a second thought to the whole JCM Scheme which was
introduced in 1966. He appreciated the questionnaire prepared by
the Department of Personnel & Training

seeking feedback from the staff side regarding the JCM Scheme
and stated that it is the right time for a comprehensive review
of the JCM Scheme and suggested that a High Level Joint
Committee may be constituted for this purpose.
11. Secretary, Staff Side then thanked the Official Side for
quickly implementing the recommendations of the 6th CPC. He was
of the view that the report of the 6th CPC was revolutionary and
unique in a way that some of the recommendations like the system
of pay bands and grade pay are absolutely new. He also stated
that some of the benefits recommended for the women employees
had already been demanded by the Staff Side in the JCM for a
long time. However, there were associated problems regarding
interpretation of the recommendations and different persons were
interpreting the recommendations differently resulting in a

lot of problems. Therefore, he suggested that there should not
be any time limit for submission of representations and delays
should not come in the way of not listening to the genuine
grievances of the employees. He further requested that each and
every issue raised in various representations must be given due
care. Thereafter, he spoke about the recommendation of the
6th CPC regarding the allowances and demanded that in respect of
those allowances which are to be replaced by some other
alternative like insurance etc., these allowances should
continue at double rates untill the alternative mechanism is put
in place. He further stated that certain allowances like Patient
Care Allowance and Fixed Medical Allowance (FMA) have not been
revised at all and demanded that suitable steps should be taken
urgently in this regard. At this point of time, the Chairman
informed the Staff Side that a decision had been taken
to enhance the Fixed Medical Allowance from Rs.100 to Rs.300 per
month. The Staff Side demanded that the FMA should be raised to
atleast Rs.500 per month. The Staff Side also suggested that
Dearness Allowance should be paid on FMA like the existing
dispensation in respect of Transport Allowance. Secretary, Staff
Side further stated that as per the estimates available, per
capita expenditure on OPD consultation was approximately Rs.600
per month. Therefore, the amount of Rs.300 per month to be paid
as FMA was not adequate and needed to be reviewed. He then
pointed out that in the model recruitment rules for the post of

LDC, it has been prescribed that the employee has to be
12th Pass for promotion to the LDC or equivalent posts. He
further stated that such a change can not be imposed on the
existing employees and therefore should be revisited.
12. Secretary, Staff Side then appreciated the job done by
the Fast Track Committee (FTC) and stated that despite the clear
cut

recommendation of the FTC regarding the Master Crafts Man, the
same is yet to be implemented by the Ministry of Defence. He
pointed out that the related file has been tossing up between
one department and other and suggested that something must be
done to do away with this culture of file tossing. He also
pointed out the case of overpayment and subsequent recovery of
Transport Allowance in respect of employees working in Jaipur
and Lucknow. Some employees went to the court and the
court ruled in their favour and directed that the recoveries
should be pack back. Now those employees who had approached the
court have been paid

back, however, leftover employees are still to be paid back the
recoveries. He requested that the leftover persons should also
be paid back the recoveries without waiting for them to approach
the court.
13. Thereafter, Secretary, Staff Side raised the issue
relating to the class IV employees who were non-matriculate.
Referring to the

recommendation of the 6th CPC regarding training of such
employees to place them in PB-I w.e.f. 01-01-2006, he stated
that it was expected that the process of imparting training to
non-matriculate employees would be finished within a maximum
time of six months. However, the time taken by the different
departments was different and if an employee died before he was
trained, there would be a huge loss to the family of that
particular employee. Similarly, in case a person retired before
re-training, he and his

family would suffer financial loss. Therefore, Secretary, Staff
Side requested that such cases should be considered
sympathetically and their pension / family pension may be
re-fixed at par with those class IV employees who were
re-trained and their pay was fixed in PB-I with the grade pay of
Rs.1800/-. He also stated that he had already written
to Secretary, Department of Expenditure in this regard and hoped
that the official side would soon take steps to resolve this
matter. With these words, he once again thanked the Chairman for
giving him an opportunity to say a few words.
14. Afterwards, other members of the staff side made the
following observations:
a) Non-matriculate class IV employees who retired or died
between January 2006 and August 2008 without any re-training had
also been deprived of the benefit of pay fixation in PB-I.
Therefore, such employees should be deemed to have been
re-trained and extant benefit should be granted to them.
b) Problems are being faced in issuance of the revised PPOs
as the disbursing banks are not sending the required advice to
the Controller of Accounts.
c) The matter regarding granting of Children Education
Allowance to any two children instead of restricting it to the
eldest surviving two children was re-iterated.
d) The women industrial employees of the Ministry of Defence
have not been sanctioned the CCL and the benefit of enhanced
maternity leave had not been given from the date it was
sanctioned to the civilian women employees.
e) The risk allowance has been withdrawn w.e.f. 1.4.2009
without introducing any alternative benefit to the employees.
Many of the

civilian employees are deployed in highly risky and hazardous
nature of work, the risk allowance may be continued beyond
1.4.2009 and the same may at least be doubled w.e.f. 1.8.2008.
f) The work load has been increasing whereas the number of
employees has been going down. It was also stated that the
problem is really acute particularly in the Ministry of
Railways. Therefore, there is a need to reconsider the policy of
matching savings at the time of creation of new posts.
15. The Chairman stated that all the issues mentioned by the
Staff Side have been noted and concerned Ministry / department
will take suitable action where ever warranted. He also assured
that he would write to all the Secretaries to make sure that the
Departmental Councils mechanism should be activated and geared
up and its meetings are held regularly to take care of the
department specific issues. He further stated that the pending
awards of the Board of Arbitration would be reviewed. Regarding
the suggestion to constitute a high level committee to review
the JCM Scheme, the Chairman stated the matter may initially be
discussed by the Secretary, DOP&T with the Staff Side and then
if needed, a committee could be constituted.
16. Secretary, Department of Pension and Pensioners’ Welfare,
while responding to the issue of delays in issuance of the
revised PPOs stated that the problem existed at the level of
disbursing banks as well as the pension sanctioning authorities.
In some cases, banks are not sending the advice to the concerned
authorities and in some cases even if the advice had been sent
by the banks, the pension sanctioning authorities have not
issued the revised PPOs. He assured the staff side that the
matter will be reviewed in

consultation with the Central Pension Accounts Office,
Controller General of Accounts and Controller General of Defence
Accounts and a deadline will be fixed for issuance of the
revised PPOs.
17. Thereafter it was decided to move to the agenda items.

ITEM NO. 01/10/NC-46

SUBJECT: REIMBURSEMENT OF AYAA
CHARGES – DELEGATION

THEREOF

The staff side requested to delegate the power for
reimbursement of Ayaa charges to the Head of Department (HOD),
as has been done in case of reimbursement of Special Nurse
Charge, which will not only help the employees to get the
reimbursement in time but also save Govt. expenditure
towards postage charge.
The official side stated that the Ministry of Health and
Family welfare, vide its Office Memorandum dated 30th June 2008,
has already addressed this problem.

ITEM FINALISED

ITEM NO. 02/10/NC-46

SUBJECT: REIMBURSEMENT OF
EXPENDITURE TOWARDS IMPLANTATION OF SPECIAL TYPES OF STENTS
LIKE CYPHER STENT ETC. IN CASE OF CS (MA) BENEFICIARIES
– DELEGATION THEREOF

The staff side requested that the power for reimbursement of
expenditure towards implantation of special types of stents like
Cypher stents etc., in case of CS (MA) beneficiaries may be
delegated to the head of Department (HOD), as has been done in
case of Coronary stents, which will help the employees to
get the reimbursement in time and save them from financial
hardship.
The official side stated that Ministry of Health & Family
Welfare has already issued an Office Memorandum on
12th September 2007 and a clarification in this regard has been
issued on 8th February 2010 and the request of the staff side
has been addressed.

ITEM FINALISED

ITEM NO. 03/10/NC-46

SUBJECT: PATHOLOGICAL & DIAGNOSTIC PROCEDURES
The staff side stated that very limited facilities are
available with Polyclinic  of CGHS Jaipur. That is why MO (i/c)
of CGHS Dispensaries at Jaipur refers such cases to State Govt.
SMS Hospital. The Principal & Controller of SMS Hospital has
declined to entertain such requests. Such procedures like
Lipid Profile, G.Hb. HbAC, LET, RFT, PSA etc. are not available
in CGHS Polyclinic,

nor has such procedures been approved in respect of any of the
empanelled Hospitals/Diagnostic Centres at Jaipur. The staff
side further stated that it may be possible that such problems
are being faced at other CGHS Stations as well. Therefore, the
general orders may kindly be issued in this regard.
The official side stated that in the tenders issued in the
current year, most of the pathological and diagnostic procedures
have been included in the approved list. Further, across the
cities where CGHS facility is available, many private
pathological & diagnostic labs are being empanelled which will
address the problems being faced by CGHS beneficiaries. Final
orders in this regard are

expected to be issued by June 2010.

ITEM FINALISED

ITEM NO. 04/10/NC-46

SUBJECT: GRANT OF FMA IN LIEU OF OUT DOOR
TREATMENT FACILITIES
The staff side stated that Fixed Medical Allowance of
Rs.100/- p.m. is granted to Central Govt. Pensioners who reside
in place not covered by CGHS as also to such CGHS beneficiaries
who have opted for FMA in lieu of out door treatment. In
Railways, FMA is also granted to pensioners holding RELH
card but who are residing 2.5 k.m. away from Railway Hospital /
Dispensary. There are very old Pensioners who are CGHS or RELH
card holders living within 2.5. k.m. distance (for Railway only)
but due to their old age cannot avail outdoor treatment
facilities as because they are not in a position to even stand
for long time in queue before Doctor & then again before
Dispenser. Staff side therefore requested that all CGHS or RELH
card holders who are beyond the ripe age of 70 whether living
within 2.5. k.m. distance or not may kindly be given option
for FMA in lieu of outdoor treatment.
The official side stated that firstly, the FMA may not be
able to cover the requirements of OPD treatment. Secondly, two
separate records of the Pensioners will have to be maintained as
those opting for FMA might still have to come to the CGHS
dispensary for referrals to the hospitals etc.
Therefore, because of the practical difficulties, it may not be
possible to grant FMA to CGHS beneficiaries. The official side
further stated that the concept of FMA will have greater chances
of success once the health insurance scheme is implemented. The
guidelines of the proposed Health Insurance Scheme
Central Government Employees and Pensioners have been shared
with the staff side where OPD is taken care of through FMA and
for indoor treatment an insurance cover of Rs. Five lakhs is
available to the beneficiaries. The official side stated that
the Insurance Scheme is in the advance stage of finalization. In
the end, the Chairman stated that the issue raised by the staff
side, i.e., grant of FMA in lieu 16 of outdoor treatment
facilities in respect of card holders who are beyond the age of
70 years has been taken note of and the matter will be further
examined by the Ministry of Health and Family Welfare in
consultation with the Ministry of Finance.

ITEM NO. 05/10/NC-46

SUBJECT: RELOCATION OF ONE CGHS DISPENSARY IN WADI
AREA, UNDER THE JURISDICTION OF MUNICIPAL CORPORATION,

NAGPUR
The staff side stated that there are about 1500 pensioners
who are settled at Wadi Area of Nagpur. They are permanent
Cardholders of CGHS Nagpur. At present these pensioners have
been attached to three Dispensaries viz. Civil Lines, Seminary
Hills & Kotol Road OPD Dispensaries. All these dispensaries are
situated about 15 k.m. away from Wadi area. The
transport facility is quite inadequate &, therefore, in one
visit to these Dispensaries from Wadi area for consultation and
another for obtaining indented medicines would

cost these beneficiaries more than about Rs.300/-. Therefore,
the staff side requested that one of these OPD Dispensaries viz.
Civil Lines or Kotol Road may be relocated in Wadi area.
The official side stated that the matter had already been
discussed with the staff side and it was agreed to have a joint
inspection of Wadi area and further action in the matter will be
taken on the basis of the joint inspection report.

ITEM FINALISED

ITEM NO. 06/10/NC-46

SUBJECT: SPECIALIZED CONSULTATION IN PUC HOSPITAL LIKE
ISPAT HOSPITAL, HEC HOSPITAL & CCL HOSPITAL, RANCHI
The staff side stated that as per circular No.
CGHS/ Ranchi/(Admn)/2006/436 dated 31.3.2006 issued by Jt.
Director, CGHS, Ranchi, the beneficiaries will take specialized
consultation in RIMS, Sadar Hospital (Govt. Hospitals) and in
PUC Hospitals such as Ispat, HEC & CCL Hospitals. However which
specialists are there in the above PUC hospitals has not been
notified. Of late all beneficiaries of Ranchi are being asked to
take specialized consultation only in RIMS hospitals which is 12
k.m. away from residences of pensioners from Doranda, Kadrn &
Hinoo areas of Ranchi City. This is very
inconvenient particularly for pensioners beneficiaries who have
to travel this long distance and then to stand for long time in
a queue. If they are referred to any of the above PUC hospitals
which are nearby, they can get the consultation there in no
time. Accordingly, the staff side requested that for specialized
consultation, at least Pensioners beneficiaries may be referred
to the above one PUC Hospitals.
The official side stated that the matter has been considered
and it has been decided to agree with the request of the staff
side.

ITEM FINALISED

ITEM NO. 07/10/NC-46

SUBJECT: SUPPLY OF FREE DIET TO EMPLOYEES AND THEIR DEPENDANT
UNDER TREATMENT FOR TB, LEPROSY,

MENTAL ILLNESS, CANCER AND HIV/AIDS, RENAL DIALYSIS THERAPY,
THALSAEMA.
The staff side stated that there are provision for free diet
to employees and their family undertaking treatment for T.B.
etc. drawing basic pay up to Rs.6000/- Rs.6200/- (for Railway
employees). The staff side proposed that the list of diseases
may include diseases like Cancer, HIV/AIDS Renal dialysis and
therapy, Thalsaema etc. and all employees and their families
drawing pay in the Pay Scale under Pay band I may be extended
the facility of free diet.
The official side stated that the demand of the staff side
has been examined and suitable instructions have been issued by
the Ministry of Health and Family welfare, vide its Office
Memorandum dated 22nd March 2010.

ITEM FINALISED

ITEM NO. 08/10/NC-46

SUBJECT: SANCTION OF INCENTIVE ALLOWANCE TO
CENTRAL GOVERNMENT EMPLOYEES WORKING IN EXTREMISTS INFESTED
AREAS
The staff side stated that In Maharashtra State, the
districts of Chandrapur and Gadchiroli are declared as Naxalite
areas and State Government employees working in these districts
are paid incentive allowance at 15% of basic pay. But the
Central Government employees (Railways etc.) working in these
districts are denied this allowance. The staff side requested
that this allowance may be

sanctioned to Railway employees and Central Government Staff who
are employed in the districts of Chandrapur and Gadchiroli of
Maharashtra State.
The official side stated that all the special compensatory
allowances are based on the parameters of geographical
remoteness and hilly areas. Presently no allowance is given to
Central Government Employees for working in extremists infested
areas except in case of the employees working in Para Military
Forces who are deployed for actually combating the Extremists.
Further, such a dispensation can not be limited to the State of
Maharashtra and therefore the demand of the staff side can not
be agreed to.
The staff side stated that the Tribal Area Allowance was also
sanctioned first by the State Governments for their employees
and later on the Central Government also allowed this allowance
for its employees. Similarly, in case of special allowance for
working in the extremists infested areas, if it is granted by
a particular State government, then the central Government
should also follow suit

albeit the quantum of the allowance may be different than that
sanctioned by the State Governments.
After a prolonged discussion, it was decided that the
official side will re- examine the matter.

ITEM NO. 09/10/NC-46

SUBJECT: DECLARATION OF GANDHINAGAR AS LINK – CITY
OF AHMEDABAD.
The staff side stated that since the setting up of Gujarat
State capital at Gandhi Nagar, several Central Government
offices functioning from Ahmedabad have been shifted. The result
is that while they have been deprived of higher HRA & CCA
admissible to them at Ahmedabad (Ahmedabad is ‘A’ Class Town
whereas Gandhi Nagar is a ‘C’ Class Town), they have to
daily commute to & fro 70 K.m. by changing 2-3 buses & incurring
expenditure of Rs.70/- per day. Having established their
families at Ahmedabad, they are not in

a position to shift them to Gandhi Nagar on account of studies
of their wards and treatment of the ailing parents as also on
account of social relationship at Ahmedabad. Cities like Noida,
Ghaziabad (in UP), Gurgaon, Faridabad (in Haryana) where also
certain Central Government Offices had been shifted from Delhi
have been declared link / satellite cities of Delhi & employees
have been granted HRA/CCA/Transport Allowance admissible at
Delhi. The staff side, therefore, proposed that Gandhi Nagar may
also be declared as link / satellite city of Ahmedabad &
employees working there may be granted HRA/CCA/Transport
Allowance as admissible at Ahmedabad.
The official side stated that no city has been declared as a
link or satellite city for HRA and CCA purposes. Further, Gandhi
Nagar is not part of the urban agglomeration of Ahmedabad.
Therefore, Gandhi Nagar can not be granted the same class as
that of Ahmedabad. The official side also stated that as per
the recommendations of the 6th CPC, Gandhi Nagar has been
classified under the ‘Z’

category and therefore, the rate of HRA has been increased from
7.5 percent to 10 percent. Therefore, it was not found feasible
to agree to the demand of the staff side. However, in view of
the prolonged demand of the Staff Side, the Chairman agreed to
re-examine the matter.

ITEM NO. 10/10/NC-46

SUBJECT: UPGRADATION OF JAMNAGAR AS B-2 TOWN WITH EFFECT FROM
20.07.2006.
The staff side stated that the Gujarat State Govt. had
issued notification on 20.7.2006 including entire area of the
Navagam-Ghed Municipality within the limits of Jamnagar. As a
result of this the population of Jamnagar City had exceeded 5
lakhs. The city of Jamnagar was therefore, upgraded as B-2 Town
for grant of HRA/CCA with effect from 1.1.2007 & not with effect
from 20.7.2006, the date on which the above notification had
been issued. In the case of Asansol, Tiruchirapplli & Salem the
date of effect from which these towns were upgraded was the date
on which the notification for enlarging the said Municipalities
were issued. The staff side, therefore, urged that in the case
of Jamnagar, its upgradation may be granted with effect from
20.7.2006, for the purpose of grant of HRA/CCA at higher rates.
The official side stated that Jamnagar was upgraded w.e.f.
1.1.2007 after the receipt of the intimation from the State
Government. The staff side further stated that there is no laid
down policy that this has to be done from the date
of Notification. The staff side contended that there is nothing
wrong in granting the date of effect from the date of
notification as has been done in the past. The staff side
further contended that what will happen if the intimation from
the State Government if received after two or three years and
why should the employees suffer financial loss due to delays on
part of the State Governments. The Chairman stated that there
was merit in the arguments put forward by the staff side and
directed the Department of Expenditure to re-examine the matter.

ITEM NO. 11/10/NC-46

SUBJECT: A-1 STATUS TO BANGALORE CITY
The staff side stated that whereas the Govt. of Karnataka by
a Notification dated 16.1.2007 had constituted BBMP, raising its
population to exceed 50 lakhs, the Govt. of India have granted
A-1 status to enlarged Bangalore City for purposes of HRA with
effect from 1.10.2007. The staff side, therefore, demanded that
Upgradation of Bangalore City as A-1 town may also be given
effect from

16.1.2007.
The official side agreed to re-examine the matter.

ITEM NO. 10/10/NC-46

SUBJECT: ANOMALY IN THE FIXATION OF REVISED PENSION
The staff side stated that as per the RPS Rules, 1997, those
special pay/Allowances which were not continued after the
implementation of revised pay scale have been treated as part of
pay and included in emoluments for fixation of revised pay. The
result is that those employees drawing the pre revised special
Pay/Allowances have got the benefit thereof in there
revised pay/pension etc. However employees who had retired prior
to 1.1.96 have been denied this benefit as such special
Pay/Allowances have not been included in their emoluments for
fixation of their revised pension. Employees drawing these

pre revised special Pay/Allowances who retired after 1.1.1996
have been granted higher pension than the later which is clearly
an anomaly.
The staff side, therefore, proposed that pre revised
special Pay/Allowances (which have been merged with revised pay)
may be included in the emoluments of employees who retired prior
to 1.1.1996 for fixation of their pension as on 1.1.1996 / date
of retirement.
The official side stated that after 1.1.1986, the system of
reckoning special pay and allowances for the purpose of fixation
of pension was discontinued. However, as per the recommendations
of the 5th CPC, certain special pay and allowances were merged
in the pay of the employees. Therefore, these were automatically
taken into account as emoluments for the purpose of fixation
of pension. Therefore, there was no change in the basic
principle that special pay or allowance shall not be reckoned
for fixation of pension. Therefore, it is not possible to agree
to the demand of the Staff Side.

ITEM FINALISED

ITEM NO. 13/10/NC-46

SUBJECT: ELIGIBILITY OF FAMILY PENSION TO
WIDOW/DIVORCE DAUGHTER/UN-MARRIED DAUGHTER WHO ARE NOW

ELIGIBLE FOR PAYMENT OF FAMILY PENSION FOR INCLUSION OF NAMES IN
PPOs ISSUED MUCH EARLIER.
The staff side stated that in terms of Railway Service
(Pension) Rules, 1993 and extant instructions,
widow/divorce/unmarried daughters over 25 years of age are now
made eligible for payment of family pension subject to
fulfillment of certain conditions. However the Railway
Administration is not including their names in the PPOs
resulting in hardship to them.
The official side stated that suitable clarification has been
provided to the Ministry of Railways by the Department of
pension and Pensioners’ Welfare and accordingly, Ministry of
Railways has also issued suitable instructions in the matter in
the month of March.
The Staff Side also raised another related issue regarding
insistence of the concerned authorities in the Ministry of
Defence to produce an income certificate from the competent
authority in matters relating to payment of family pension to
eligible widowed/ divorced/ unmarried daughters. However,
the competent authority is not defined anywhere and therefore,
most of the cases are

pending. The Chairman directed the Official Side representative
of the Ministry of Defence to look into the matter and resolve
the issue. The Staff Side also cited certain other difficulties
being faced in granting family pension to those eligible. The
Chairman directed Secretary, Department of Pension &
Pensioners’ Welfare to hold discussion with the Staff Side and
issue clarifications wherever required.

ITEM FINALISED

ITEM NO. 14/10/NC-46

SUBJECT: GRANT OF FAMILY PENSION IN CASE OF
MISSING PENSIONERS AFTER TWO MONTHS
The staff side stated that some pensioners breathed their
last while away on tour/pilgrimage and were cremated as
unidentified men. In such a situation it would not be possible
for the widowed wife of the pensioner to obtain her husband’s
Death Certificate/Life Certificate. As a missing pensioner, the
wife shall have to complete necessary formalities/report to
Police and wait at least for

one year before she can be granted family pension. The provision
for starting family pension in the above case after Police
formalities and only after one year is very harsh. This long
period during which no family pension is payable will make it
very difficult for the wife to survive. The staff side,
therefore, proposed that family pension may be paid to the wife
of such pensioner on the basis of the life certificate of the
wife 2 months after reporting the matter to the police.
The official side stated that the time period of 2 months
proposed by the staff side is too short and agreed that the
existing period of one year will be revised to six months for
payment of family pension.

ITEM FINALISED

ITEM NO. 15/10/NC-46

SUBJECT: GRANT OF HALF DAY CASUAL LEAVE FACILITY
FOR INDUSTRIAL EMPLOYEES
The staff side stated that the Govt. of India has removed the
disparity in the matter of Earned Leave between Industrial and
Non-industrial employees. However, the disparity in the matter
of Casual Leave still remains. The Industrial Employees of the
Ministry of Defence are also eligible for 8 days Casual Leave
in a year. However Industrial Employees are not permitted to
avail half day Casual

Leave. Staff side, therefore, demanded that the Industrial
employees should also be permitted to avail half days Casual
Leave at par with other Central Govt. employees.
The official side stated that the mater has been examined and
the Ministry of Defence has issued the orders for granting half
days’ casual leave to the industrial employees.
However, the staff side stated that while issuing the order
granting the facility of half day casual leave, the existing
dispensation of allowing the industrial workers two hours leave
on medical grounds twice in a month has been arbitrarily
withdrawn by the Ministry of Defence which is not at all
justified and demanded that this facility should be restored.
The Chairman agreed with this and stated that suitable
instructions would be issued soon.

ITEM FINALISED

ITEM NO. 16/10/NC-46

SUBJECT: RELAXATION OF UPPER AGE LIMIT FOR
DEPARTMENTAL CANDIDATES FOR APPOINTMENT TO GROUP C POSTS
The staff stated that according to the existing instructions,
the upper age limit for departmental candidates for direct
recruitment to Gr. C posts has been prescribed at 40 years for
General candidates, 45 years for candidates belonging to SC/ST
and 43 years for those hailing from OBC subject to the condition
that the direct recruitment in Gr. C posts is in the same line
or allied cadre etc. The

staff side requested to allow age concession to the departmental
candidate to the extent of the period of service rendered by
them under Govt. of India which will go a long way in mitigating
the grievances of the departmental candidates who have acquired
or who may acquire higher qualifications.
The official side stated that in pursuance of an earlier
decision of the National Council (JCM), the upper age limit for
departmental candidates for direct recruitment to Group ‘C’
posts had been enhanced from 35 years to 40 years in respect of
general candidates, 45 years for SC/ ST candidates and 43 years
for OBC candidates. Therefore, the age concession to the
departmental candidates has already been provided to the extent
possible. If the present demand of the Staff Side is agreed to,
it will mean that even at the age of 53 or 54 years, the
departmental candidate would be eligible to apply, which
will result in administrative difficulties and hence may not be
practical. The Staff Side while appreciating the argument put
forward by the Official Side, stated that as the age limit for
superannuation had been increased from 58 years to 60 years,
a further concession of two years should be given to the
departmental candidates. The Chairman agreed to examine the
suggestion of the Staff Side. 29

ITEM NO. 17/10/NC-46

SUBJECT: RATE OF STITCHING CHARGE OF LIVERIES REQUIRES TO BE
INCREASED
The Staff side stated that the rate of stitching charge of
liveries has been raised many folds due to the inflation from
the date of its fixation. It has become almost impossible for
various offices & employees to get the liveries stitched at the
rates sanctioned. The staff side therefore proposed that rates
of stitching charges may be doubled.
The official side stated that the rates of stitching charges
of liveries were last revised in the year 2006. The official
side further contended that as per the past history, the rates
of stitching charges have been revised after an interval of five
years. Therefore, the next revision is due in the year 2011.
The staff side agreed with the contention of the official
side but suggested as that the process of revision of stitching
charges is likely to take some time, the same may be initiated
in the current year (2010) and the revised rates may be made
effective from 1st

April 2011.
The official side agreed with the suggestion of the staff
side.

ITEM FINALISED

ITEM NO. 18/10/NC-46

SUBJECT: CASUAL LABOURERS (GRANT OF
TEMPORARY STATUS & REGULARIZATION) SCHEME – NON IMPLEMENTATION
OF.

The staff side stated that there are Temporary Status
Casual Labourers (TSCLs) in almost all the Ministries/
Departments of the Government of India. Though they were granted
Temporary Status in the year 1993, and the scheme formulated for
them also envisages their eventual regularization, the very fact
that they continue to be Temporary Status Casual Labourers after
a lapse of about 15 years clearly indicates that no steps have
been taken to get them regularized. The staff side, therefore,
proposed that specific measures may be advised and implemented
to get them regularized within a reasonable period of time.

The staff side further stated that after rendering 3 years of
service as TSCL in the year 1996, they were treated on par with
temporary Group ‘D’ employees for the purpose of contribution to
the General Provident Fund Account. However, after introduction
of the New Pension Scheme with effect from 1.1.2004, this
benefit has been withdrawn and the amount of G.P.F
already contributed to their account has been refunded. Since
50% of the service rendered by them up to 1.1.2004 (i.e. about
5½ years service) is to be treated as pensionable service, these
employees cannot be treated as having been appointed on or after
1.1.2004 and, therefore, the benefit of G.P.F. may be restored
to them.
The staff side further stated that CGHS facilities or CS (MA)
Rules are admissible to all regular employees. This has not been
extended to TSCLs. When these employees have been treated on per
with temporary Group ‘D’ employees they may also be granted the
benefit of CGHS/ CS (MA) Rules. The staff side, therefore,
proposed that if necessary the scheme may kindly be modified in
order to extend these facilities to them. 31The official side
stated that the Department of Personnel & Training had requested
all the Ministries and Departments to send the proposal for
regularisation of all the casual labourers covered under the
“Casual Labourers (Grant of Temporary Status & Regularisation)
Scheme.” Accordingly proposals were received and DoPT, in
consultation with the Department of Expenditure, has already
cleared the regularisation of 231 casual labourers. It was
further stated that proposals received from certain other
Ministries/ Departments are under process. Therefore, there is
no delay in regularisation of casual labourers (temporary
status).
Regarding the demand of the Staff Side relating to
restoration of the benefit of General Provident Fund, the
Official Side informed that there were a series of court cases
in the matter and presently the matter is pending in the Supreme
Court. Therefore, the matter is sub-judice. The Official Side
also informed that subsequent to the introduction of the New
Pension Scheme, instructions were issued in April 2004 to the
effect that no credit of the previous service shall be available
to the casual labourers if they are regularized after 1.1.2004.
The Staff Side stated that there were many casual labourers who
were granted the temporary status prior to 1.1.2004 but their
services were not regularized as on that date. Therefore, at
least this category of employees must be provided

the benefit of the counting of past service and the facility of
GPF may be restored to them. At this point of time, the Chairman
intervened and stated that if the Staff Side had any legal point
on this aspect, then the same may be forwarded to the Department
of Personnel & Training for examination.

ITEM NO. 19/10/NC-46

SUBJECT: RESTRICTED HOLIDAYS FOR THE EMPLOYEES WORKING IN THE
INDUSTRIAL ESTABLISHMENTS
The staff side stated that as per the Govt. of India
instructions on the subject of holidays to be observed in Govt.
offices, the employees are entitled to avail any two holidays as
restricted holidays in addition to the 14 compulsory holidays
and three holidays decided by the Central Govt.
Employees coordination committee in the State capitals. However,
the Employees working in the industrial Establishments are
eligible for 16 holidays in a year including 3 National
Holidays. The employees of Industrial Establishments are thus
deprived of one holiday. Apart from this, the various Ministries
are not allowing two days restricted holidays for the employees
working in the Industrial Establishments especially under the
Ministry of Defence. This is a clear discrimination, since
the Govt. of India instructions on this subject do not prohibit
restricted holidays for the employees of the Industrial
Establishments.
In view of the above, the staff side demanded that the
employees working in Industrial Establishment may also be given
17 holidays and 2 restricted holidays.
The Official Side stated that there is a fundamental
difference between the way the holidays are decided for Central
Government

administrative offices and the industrial establishments. While
no substitute holiday is provided to the employees of the
Central Government administrative offices in case a regular
holiday occurs on another holiday or weekend, this is not the
case in respect of the employees working in the
industrial establishments. Therefore, the effective number of
holidays in a year are more in case of the industrial
establishments than that of the Central
Government administrative offices. Therefore, the demand of the
Staff Side for granting 17 holidays to the employees of the
industrial establishments cannot be agreed to. At this point of
time, the Staff Side stated that while they agree with
the decision of the official Side not to increase the number of
gazetted holidays from 16 to 17, demanded that at least the
benefit of two restricted holidays in a year may be granted to
them. On this issue, the Official Side informed that a
decision was taken in 1961 that only those offices which were
having more than 23 holidays prior to 1960 shall be eligible for
2 days restricted holidays in a year. Since industrial
establishments in the Ministry of Defence had less than
23 holidays prior to 1960, they are not eligible two days
restricted holidays. The Staff Side stated that in the list of
holidays issued by the Department of Personnel & Training every
year, it is nowhere stated that employees of the industrial
establishments are not eligible for restricted holidays and
therefore demanded that there is a need to review the existing
practice. The Official Side agreed to re-consider the matter
relating to grant of two days restricted holidays to employees
of industrial establishments.
ITEM NO. 20/10/NC-46

SUBJECT: APPLICABILITY OF CCS (RSA) RULES 1993 TO THE WORKERS
EMPLOYED IN DEFENCE ESTABLISHMENTS
The staff side stated that the CCS (RSA) Rules 1993 are meant
for recognition of service association of Central Govt.
Employees. These rules are not applicable to workers employed in
Defence installations of the Ministry of Defence for whom
separate Rules of Recognition exist. Majority of the
Defence installations are Industrial Establishments and are
registered under the Factories

Act and the Industrial Dispute Act is applicable to these
Establishments. As per the provisions of the Factories Act and
Industrial Dispute Act the category of Clerks, Store Keepers,
Draughtsman, Driver, Durwan, Fireman, Peon, Canteen Employees
and Supervisory Staff are “Workers” for all the purpose. In
spite of this clear position, the Associations formed by the
above mentioned category of employees who are “workers” are
being recognised by the Ministry of Defence under the CCS (RSA)
Rules 1993. This is not correct and is against the recognition
rules for the Trade Unions in the Min. of Defence. In view of
the staff side requested that suitable action may be taken to
rectify this anomalous situation. The Official Side stated that
it was observed that there were two
schools of thought even within the Staff Side in this matter
and therefore, National Council may not be the appropriate forum
to discuss this issue. The Official Side further stated that in
case the Staff Side can send a unanimous proposal in the matter,
the same can be examined by the Official Side.
Thereafter, the representatives of the Staff Side presented
two conflicting views, one relating to scrapping of all the
existing associations in respect of employees covered under the
definition of “worker” in the Ministry of Defence and the other
relating to maintenance of the status quo. After hearing
the arguments given by the two different factions of the Staff
Side, the Chairman

stated that it was quite evident that there was no consensus or
unanimity in the Staff Side in the matter. In the end, the
Chairman decided that the matter will have to be examined by the
Ministry of Defence, in consultation with the Ministry of Law
and Department of Personnel & Training.
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