No.19/1/97-JCA
Government of India
Department of Personnel & Training

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New Delhi, the February 6, 1998.

OFFICE MEMORANDUM

Subject: Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Fifth Pay Commission’s recommendations.

 

    The undersigned is directed to say that in terms of an agreement with the Staff Side of the National Council, it has been decided that appropriate Anomaly Committees
should be set up, consisting of representatives of the Official Side and the Staff Side to settle the  anomalies arising out of the implementation of the 5th Pay Commission’s recommendations, subject to the following conditions, namely:

(1) Definition of Anomaly

    Anomaly will include the following cases:

(a) Where the Official Side and the Staff Side are of the opinion that the vertical/horizontal relativities have been disturbed as a result of the Fifth Central Pay Commission. Report in a manner leading to grave dissatisfaction and adverse impact on efficiency;

(b) Where the Official Side and the Staff Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Fifth Central Pay Commission itself without the Commission assigning any reason; and

(c ) Where the maximum of the revised scale is less than the amount at which one is entitled to be fixed except in those cases where the same is as a result of modified fixation formula adopted by the Government; and

(d) Where the amount of revised allowance is less than the existing rate.

(2) Composition:

    There will be 2 levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council respectively.

(3)     The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry/Department shall be one of the Members of the Departmental Anomaly Committee.

(4)     The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry/Department in the opinion of the Financial Adviser. The items already settled by the Government on the recommendations of Committee of Secretaries on ‘Fast Track’ items will not be considered again by the Anomaly Committee.

(5)     The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.

(6)     Cases where there is a dispute about the definition of "anomaly" and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to an "Arbitrator" to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.

(7)     The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Departmental level.

(8)     Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately.

(9)     All Ministries/Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 5th Pay Commission’s recommendations, as stipulated above.

Sd/-
( Smt.Bhavani Thyagarajan)
Director (JCA)

To

All Ministries/Departments of Govt. of India.

Copy for information to the Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi – 110 001.

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