Pay anomaly and the anomaly committee

A pay anomaly is a distortion left by a pay commission. How the National and Departmental Anomaly Committees, set up through the JCM, define and settle them.

A pay anomaly is a distortion in the pay structure left behind by a pay commission. However carefully a commission maps thousands of old pay scales onto a new structure, some results come out inconsistent, illogical, or contrary to the commission’s own stated principles, and those defects are called anomalies. To deal with them, the government sets up an anomaly committee after each pay commission, working through the Joint Consultative Machinery, the standing forum between the government and its recognised staff associations. This article explains what a pay anomaly is, how the National and Departmental Anomaly Committees are constituted, the way an anomaly is defined, how the Staff Side raises items, the notable anomalies of the 7th CPC, and the difference between a systemic anomaly and an individual pay anomaly cured by stepping up.

What a pay anomaly is

A pay anomaly is not simply an employee being dissatisfied with their pay. It is a structural defect in the way the pay commission’s recommendations work out: a recommendation that contradicts the policy the commission itself laid down, a fixation formula that produces an impossible result, or a disturbance of the settled relationships between grades. Because these defects are built into the structure, they cannot be cured case by case; they need a body that can look at the recommendation itself and recommend a correction. That body is the anomaly committee.

The anomaly committee

After the 7th CPC, the anomaly committee was set up by the Department of Personnel and Training Office Memorandum No. 11/2/2016-JCA dated 16 August 2016, to settle the anomalies arising out of the implementation of the Commission’s recommendations. It was constituted as a committee of the National Council of the Joint Consultative Machinery, with representatives of the Official Side and the Staff Side.

The National Anomaly Committee is chaired by the Secretary, Department of Personnel and Training, and includes senior officers such as the Member (Staff) of the Railway Board, the Secretaries of the Departments of Telecommunications and Posts, the Financial Adviser of the Ministry of Defence and the Joint Secretary (Personnel) of the Ministry of Finance, with a Deputy Secretary of the DoPT as Member-Secretary. Its composition reflects the fact that a pay anomaly can arise anywhere across the central government.

The definition of an anomaly

What counts as an anomaly was built up through three orders, and the consolidated definition covers four cases:

  • (a) where the Official Side and the Staff Side are of the opinion that a recommendation is in contravention of the principle or policy enunciated by the 7th CPC itself, without the Commission assigning any reason;
  • (b) where the maximum of the level in the pay matrix corresponding to the applicable grade pay in the pre-revised structure is less than the amount an employee is entitled to be fixed at under the fixation formula of the CCS (Revised Pay) Rules, 2016;
  • (c) where the Official Side and the Staff Side are of the opinion that the vertical and horizontal relativities have been disturbed by the 7th CPC so as to give rise to an anomalous situation, added by the order of 20 February 2017; and
  • (d) where the revised allowance is less than the existing rate, or any other anomaly is seen while implementing a revised allowance, added in 2018.

The gradual widening of the definition, from the original two clauses to four, reflects the Staff Side’s push to bring more situations within the committee’s remit, a tension that runs through the committee’s work.

National and departmental committees

The machinery has two tiers. The National Anomaly Committee takes anomalies that are common to central government employees generally, or that cut across departments. Departmental Anomaly Committees take anomalies specific to a particular ministry or department, such as the pay level of a particular category of staff. Where an item raised before the national committee turns out to be department-specific, it is referred down to the relevant departmental committee; several 7th CPC items, for instance those concerning technical supervisors in the Railways, storekeepers in Defence, Railways and Mines, and research staff in a scientific department, were dealt with this way.

How the JCM raises an anomaly

An anomaly reaches the committee through the Joint Consultative Machinery. The Staff Side of the National Council of the JCM frames the anomaly as an agenda item, citing the clause of the definition it relies on, and the item is then taken up in the committee, where the Official Side and the Staff Side discuss it. The committee works within the terms laid down in the founding order of 16 August 2016. This routing through the JCM is what gives the recognised staff associations a formal channel to press a structural pay grievance, rather than leaving it to individual litigation.

The notable 7th CPC anomalies

The 7th CPC anomalies taken up included:

  • the removal of the 3% condition for the bunching benefit;
  • the method of fixation of pay on promotion;
  • the general removal of anomalies in the pay matrix; and
  • the issue of lesser pay in a higher level, where an employee promoted into certain levels of the matrix gains only a single increment because the same cell recurs.

On the last of these, the government took the position that gaining only one increment in a few levels is not, strictly, an anomaly, because the benefit of an extra stage is available in most levels and its absence in a few is a feature of the matrix rather than a defect. The National Anomaly Committee for the 7th CPC first met on 17 July 2018, and this disagreement over what qualifies as an anomaly is precisely why the Staff Side pressed for the definition itself to be widened.

Anomaly or an individual stepping-up case?

It is worth separating a systemic anomaly from an individual pay anomaly. A single instance of a junior drawing more than a senior in the same cadre is an individual anomaly, and it is cured by stepping up the senior’s pay under the ordinary pay-fixation rules, without any need for the anomaly committee. The committee is for systemic defects that affect a whole grade or category and flow from the structure of the recommendations. The two can meet, a stepping-up problem so widespread that it becomes a structural item, but in the ordinary case an individual should look to stepping up, and a grade or association to the anomaly committee.

Frequently Asked Questions (FAQs)

What is a pay anomaly?
A pay anomaly is a distortion in the pay structure left by a pay commission, where the recommendations produce a result that is inconsistent, illogical or contrary to the commission’s own stated principle. It is not simply a case of one person being unhappy with their pay; it is a structural defect, such as a recommendation that contradicts the policy the commission itself laid down, a fixation formula that pushes an employee above the maximum of the level, or a disturbance of the settled relativities between grades.
What is the anomaly committee?
The anomaly committee is the body set up after a pay commission to examine and settle the anomalies thrown up by its implementation. After the 7th CPC it was created by the DoPT order of 16 August 2016 as a committee of the National Council of the Joint Consultative Machinery, with representatives of the Official Side and the Staff Side. There is a National Anomaly Committee, chaired by the Secretary of the Department of Personnel and Training, and Departmental Anomaly Committees for department-specific issues.
How is an anomaly defined for the 7th CPC?
The definition was built up through three orders. It covers a recommendation that contravenes a principle or policy the commission itself enunciated without assigning a reason; a case where the maximum of the pay-matrix level is less than the amount the fixation formula entitles an employee to; a disturbance of the vertical and horizontal relativities giving rise to an anomalous situation, added in February 2017; and a revised allowance that is less than the existing rate, or any other anomaly seen while implementing a revised allowance, added in 2018.
What is the difference between the National and Departmental Anomaly Committees?
The National Anomaly Committee handles anomalies that are common to central government employees generally or cut across departments, and it is chaired by the Secretary of the Department of Personnel and Training. Departmental Anomaly Committees handle anomalies specific to a particular ministry or department, such as the pay level of a particular category of staff in the Railways, Defence or a scientific department. Some items raised before the national committee are referred down to the relevant departmental committee.
How does the JCM raise a pay anomaly?
Pay anomalies are raised through the Joint Consultative Machinery, the standing negotiating forum between the government and recognised staff associations. The Staff Side of the National Council of the JCM frames the anomaly as an agenda item, citing the relevant clause of the definition, and it is taken up in the anomaly committee, where the Official Side and the Staff Side discuss it. The committee works within the terms laid down in the DoPT order of 16 August 2016.
What were the main 7th CPC pay anomalies?
The items taken up included the removal of the 3% condition for the bunching benefit, the method of fixation of pay on promotion, the general removal of anomalies in the pay matrix, and the issue of lesser pay in a higher level of the matrix, where an employee promoted into certain levels gains only one increment. The government took the position that the last of these is not, strictly, an anomaly, which is why the Staff Side pressed for the definition itself to be widened.
Is an anomaly the same as a junior drawing more than a senior?
Not quite. A single case of a junior drawing more than a senior in the same cadre is an individual pay anomaly, and it is cured by stepping up the senior’s pay under the ordinary pay-fixation rules. The anomaly committee deals with systemic anomalies that affect a whole grade or category and flow from the structure of the pay commission’s recommendations, rather than one individual’s fixation, though a widespread stepping-up problem can itself become a systemic item.

External references

References

  1. Department of Personnel and Training Office Memorandum No. 11/2/2016-JCA dated 16 August 2016: setting up of the Anomaly Committee of the National Council (JCM), consisting of representatives of the Official Side and the Staff Side, to settle anomalies arising out of the implementation of the Seventh Central Pay Commission’s recommendations, with the original two-clause definition of an anomaly.
  2. Department of Personnel and Training Office Memorandum of even number dated 20 February 2017: modification of the definition of anomaly to include the disturbance of vertical and horizontal relativities as a result of the 7th CPC giving rise to an anomalous situation.
  3. Department of Personnel and Training Office Memorandum of even number dated 2018: further modification of the definition of anomaly to include a revised allowance less than the existing rate, or any other anomaly observed while implementing a revised allowance.
  4. Composition of the National Anomaly Committee under the chairmanship of the Secretary, Department of Personnel and Training, and the reference of department-specific items to the Departmental Anomaly Committees, with the first meeting of the National Anomaly Committee for the 7th CPC held on 17 July 2018.
  5. Minutes of the National Council (JCM) meetings on the 7th CPC anomalies, including the removal of the 3% condition for bunching, fixation of pay on promotion, removal of anomalies in the pay matrix, and the government’s position that lesser pay in a higher level of the matrix does not by itself constitute an anomaly.