NFAEE

National Federation of Atomic Energy Employees NFAEE DEPARTMENT OF ATOMIC ENERGY Regn.No.17/9615 Recognised by DAE vide DAE OM No. 8/1/2007 – IR&W/95 dated 13th June 2007 NFAEE Office, Opp. NIYAMAK BHAVAN, Anusaktinagar, Mumbai 400 094 Web site: www.nfaeehq.blogspot.com ; Email address: nfaee@yahoo.com

Ref. No: nfaee/sg/16/48                                                           17.02.2016

To

The Jt. Secretary (I&M) &

Nodal Officer for CPC

Department of Atomic Energy

Anushaktibhavan

CSM Marg, Mumbai 400001

Sub: views & suggestions on Department Specific Issues in 7^th CPC Report - Reg

Sir,

        At the outset on behalf of NFAEE I would like to express our sincere gratitude for holding a meeting with the representatives of NFAEE on 17^th February 2016 and discussing the issues in detail.

        As assured, a note contains the comments on following issue is annexed along with this letter.

• Overtime Allowance
• Over view of Allowance
• Qualification Incentive Scheme
• Update Allowance
• One increment to the employees retiring on 30^th June 2016
• GPF
• Gratuity

During the discussion, we overlooked the issue of Update Allowance for non-gazette employees to present in the meeting. Since the CPC has not given any specific recommendation on Upgradation of Update Allowance or even retain the same, specific recommendation should send as in the case we decided to submit on Qualification Incentive Scheme. Otherwise there will be a possibility to abolish the Update Allowance.

We would like to further bring to the notice of the Department that there is a correction in the note submitted to the Implementation cell.

As per the note in the subject Rationalization of Pay structure suggested the fixation factor as 3. Where as in the item No. 2 on Minimum Pay the Department suggested to increase the minimum pay in the Pay matrix to Rs 22000/- from the current proposal of Rs18,000/-. Thus the multiple factor become 22000/7000 = 3.14. Hence a correction may be incorporated  in place of 3 as 3.14.

NFAEE further would like to mention here that, there are few issues to be discuss parallely in the Department level. Some of the issues are given below:

• Upgradation of the Pay Scales of various categories of employees
• Promotion/Recruitment norms for various categories of employees
• Revisit of the entire scheme of the NRPSA to come out from the slab system
• Rate of Overtime Allowance based on the Bhabha Order for non - industrial units under DAE
• Administrative decision on exemption of considering medical leave for calculation of PRIS
• Extension of PRIS (I)to Administrative, Accounts, Auxiliary and Purchase & Store Staff, etc

Thanking you.

Yours faithfully,

 (Jayaraj KV)

Secretary General

Cc:    Secretary

DAE

Additional Secretary

DAE

Address for Correspondence: Jayaraj. KV, Secretary General, NFAEE

PESS/UED; BARC, Trombay, Mumbai 400 085

Tel. No: (O): 022 – 25596519; (Res): 022 – 25554179; (Mobile): 9869501189

Email Address: nfaee@yahoo.com, jrajkv@yahoo.com

Annexure

Overtime Allowance	8.17.89 – 97	Recommended to abolish OTA except for operational industrial employees who are governed by statutory provision Further recommended that in case Government decides to continue with OTA for the staff for which it is not a statutory requirement, then the rates of OTA should be increased by 50% from their current levels.	The recommendation of the Pay Commission to increase the OTA from the Current levels for those employees who are not covered by statutory provisions by 50% is against the law of equality and against the basic concept of the equal pay for equal work. More over even the increase recommended by the CPC is of the current level is not clarified, as there is not increase in OTA since 5th CPC. 505 hike as on the pay of 31.12.0215 or that of 31.12.1995 is not spelled out. The OTA for these sections of employees who are not covered by any statutory provisions are regulated by calculating their pay hypothetically based on the 4th CPC. The amount offered as OTA shall be much lesser than the eligible OTA. Overtime is the amount of hours of work put in excess to the normal working hours and has been a contesting topic between workers and management. The labour laws being welfare legislations are designed to discourage or prevent employers for compelling the employees to work beyond their normal working hours or work for excessively long hours. The respective legislation generally regulates overtime by paying the employee at a higher hourly rate for overtime work.  There are two categories of employees out of the purview of the industrial employees who covered the statutory provision. 1.    Though no statutory provisions are extended to these category of employees who all are working in the Round the Clock shift duty and compelled to continue their duty  for another shift to ensure the activities of the operational plant, laboratory, surveillance of the installations, ensuring transportation, etc as per the binding of the safety and security  provisions of such establishments. These employees are not allowed to relief from duty place, if their reliever has not turned up for duty. These category of employees are working in various Departments having their Research Units, Laboratories, etc in the Departments like, Atomic Energy, Space, DRDO and other Defence Laboratories, CSIR, etc., Postal Department, etc. After attaining 8 hours extra duty, these employees are now regulating OTA based on the pay as on 31.12.1995 which will be almost 1/8th of their pay which will be less than the minimum wages regulated by the Government for unskilled worker. An employee at the entry level having the Pay of Rs 7000 and DA @ 125% together will get a monthly salary of 15750 and his one day salary shall be Rs525/-. Even single rate OTA is provided the said employee if asked to continue to work after his normal 8 hours duty, he should get payment towards OTA as Rs525/- where as now he is offered just Rs80/- or nearby for his 8 hours extra work. As the jobs in those areas these employees are working cannot stop for want of employee as varies activities, in Research Plants, laboratories are continuing nature for 24X7 basis, the retaining of staff become compulsory and hence the revision of OTA is becoming mandatory in this category. 2.      The other section of employees in general are those who are provided the OTA as per the Staff Car Pattern as these subordinated staff related to senior officials to stay offer one or two hours till their superior leave from the office. In this case, if the department concern finds out ways and means to follow the time schedule the OTA will not arise. But if it is not possible, the employees are asking to overstay should be offered OTA based on the revised rate of OTA. Based on the above mentioned background, the offer of increase the OTA by 50%, even that of pay as on 31.12.2015 shall be violation of Article 14 and the concept of equal pay for equal work. OTA in DAE: The activities and nature of the employees in the R&D and other non industrial units are at par with the Industrial units under DAE where the OTA is regulated as per the Factories Act 1948. The employees in the R&D sector are forced to perform the Overtime because of the reliever system in the nuclear operating plants, Laboratories, etc. The Nuclear plant operators, Technicians/ Supervisors, Drivers, Security Staff, Fire Staff, Nursing Staff and other para medical Staff, etc. are forced to perform Overtime to ensure the continuous operation (24 X 7 in the round the clock) of the operating plats, laboratories, hospitals, electrical substations, pump house etc.,   This is to follow the safety and security guidelines to ensure proper safety and security to the Nuclear establishments, surroundings and the man power. Government of India promulgates Atomic Energy Factories Rules which is identical to the Factories Act 1948 and the same made applicable to the R& D and other non Industrial units under the Department of Atomic Energy. But always skipped while revising the Overtime Allowance for Industrial units after the implementation of the Pay revision based on the recommendations of Pay Commissions. Specific direction shall be issued by the Government as the OTA payment in DAE is regulated by a separate order issued in the year 1964 on par with the provisions in the Factories Act. As the Workers who are asked to perform their duty in the Round the Clock Shift to ensure the smooth and continuous operation of Nuclear Installations in the units like BARC, IGCAR, VECC, RRCAT, AMD and other supportive units are covered under the provisions of Atomic Energy Factories Rules 1996, OTA should be paid to this operative staff as it is statutory. Therefore Government should revise the rate of OTA based on the new pay structure for those employees who are not covered by statutory provisions are regulated and the rate of OTA prevails in the Department.
Overview of Allowances	8.2.5	Any Allowance not mentioned in the report shall cease to exist immediately. In case there is any demand or requirement for continuation of an existing allowance which has not been deliberated upon or covered in this report, it should be e – notified by the ministry concerned after obtaining due approval of Ministry of Finance and should be put in the public domain.	Government should not accept the recommendation of the Pay Commission mentioned in para 8.2.5 and modified as follows: Any Allowance not mentioned in the report shall be retained and the same shall be enhanced by 2.25 times, if the Allowance is not indexed with DA and if the Allowance is indexed with DA, the same shall be enhanced by 50%.
Qualification Incentive Scheme		The Pay Commission has not made and recommendation specifically to Qualification Incentive Scheme	The Qualification Incentive scheme (QIS) introduce the Department of Atomic Energy (DAE) in its specific nuclear operating plants to ensure the safe operation, adopt higher safety measures, safe working procedure in  nuclear plants by adhering to IAEA/AERB/BSC standards. Every operational, maintenance persons in the nuclear plant shall be well trained, qualified and experienced to understand the intricacy of the safe operation and maintenance procedure of the nuclear plant. For that purpose this scheme was introduced through a meticulous qualification process of completing the check list, examination, interview etc. The employees are qualified in five different levels depending on their responsibility qualification and experience. Accordingly the incentives are also paid in five different levels. Since Qualification Incentive is not considered by the Pay Commission and not recommended any revision, the Qualification Incentive should be retained and enhance by increasing 2.25 times of the existing rate as the QIS is not indexed with DA.
Update Allowance		The Pay Commission has not made and recommendation specifically to Update Allowance	Update Allowance to Scientific Officer/Technical Officers below Grade Pay of Rs5400 and all Technical, Administrative, Purchase & Stores and Auxiliary category employees should be continued and should be enhanced by 50%.
One increment to the employees who retiring on 30th June		The Pay Commission has not made and recommendation specifically to extend one increment to those employee who retires on superannuation on 30th June 2016.	At present as the increment rate is on 31st July, the employee retiring on 30th June complete 12 months of service. Even then he/she is not entitled for one increment. As per the definition of the increment, the Government employee completed his 12 month service is entitled for annual increment. But in this case the employee even though completed the conditionality for increment is denied the benefit only because he retired on 30th June. Hence the employee retires on 30th June should give annual increment and the same should be considered all calculations. If the demand for annual increment on 1st January & 1st July is accepted by the Government, the annual increment should be given to those employees who retire on 31st December and 30th June.
GPF	9.4	Status quo maintained	One more option to the employees who are in CPF Scheme to switch over from CPF to GPF (Pension Scheme)
Gratuity:	10.1.34 - 37	Enhancement in the ceiling of gratuity from the existing Rs10 lakh to Rs20 lakh. The ceiling on gratuity may be raised by 25 percent whenever DA rises by 50 percent.	1.    Gratuity should not be restricted for 33 years and the full service period should be considered for calculating the Gratuity. 2.    Gratuity calculation to be on the basis of 26 days in the month against 30 days as per the Gratuity Act 1972. Quote: 2* (Explanation, -- In the case of a monthly rated employee, the fifteen days wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty – six and multiplying the quotient by fifteen). – Last Para from Page No. 10 of Payment of Gratuity Act, 1972. Copy of the Gratuity Act is attached.