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Thread: Stepping up of Pay

  1. #41
    Member susant270774 is on a distinguished road
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    Quote Originally Posted by Victor View Post
    Please indicate the specific reply given to you by the CPIO concerned in each case.

    Victor
    The pay fixation of the Gm Kabui is now uploaded by me to the for yuour valuble suggestaion
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    Last edited by susant270774; 18-03-2011 at 10:09 AM.

  2. #42
    Junior Member bhaskar96 is on a distinguished road
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    Default reg fixation in upgraded scale of 7450

    Dear All,

    I was seeing your discussions on upgraded scale of 7450 and fixation for promotion after 1.1.06 to 30.8.08 - in this regard, there is Rule 11 of CCS(RP)Rules, 2008. U may seek reply from your higher ups, to implement Rule 11 which is the rule governing the fixation for upgraded scales and the rule clearly says to use the fitment tables for fixation. Further the fixation table for GP 4600 starts with 13860/-. Hence if u ask ur higherup to fix the pay under rule 11, there is no other go for ur higher ups to fix the pay(further clarification to the method of fixation under Rule 11 was given in August 2008 it self). Also, Rule 7 speaks of pay fixation for upgraded scales for those who were already in that scale ie., ason 1.1.2006 and the method of fixation for them. So there is a clear cut distinction between Rule 7 (for those who are already there in the 6500 scale as on 1.1.06) and Rule 11(fixation of pay for those promoted after 1.1.06 and 31.8.08). You can argue ur case on these lines. I am working as on Inspector of Income tax and also fighting the same case and convinced all the higherups on these points and the bill has been sent to ZAO who also with reluctance agree to. I may be contacted at bhaskar96@rediffmail.com for any further assistance. Best of luck

  3. #43
    Junior Member bhaskar96 is on a distinguished road
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    dear victor and susant please discuss

  4. #44
    Senior Member sundarar is on a distinguished road
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    Default Rule 11 for fixation of pay in the revised structure after 1.1.2006

    Quote Originally Posted by bhaskar96 View Post
    Dear All,
    I was seeing your discussions on upgraded scale of 7450 and fixation for promotion after 1.1.06 to 30.8.08 - in this regard, there is Rule 11 of CCS(RP)Rules, 2008. Best of luck
    The Rule 11 is meant for those Govt. Servant who continues to draw the pre-revised scale even after 1.1.2006 and is brought to the revised structure at a later date.

    In the case of Shri Kabui, according to Rule 5 of CCS (Rules), 2008 he is deemed to have exercised his option to retain his pre-revised scale for a day and on promotion by very next day, ie. 2.1.2006 deemed to have exercised his option to switch over to revised structure from the date of promotion, ie. 2.1.2006 by which he got the benefit of fixation of pay on promotion in the pre-revised scale at Rs.7450 and thereby got granted with the minimum pay in the pay band applicable to such a promoted pre-revised pay, ie. 7450 x 1.86 alongwith grade pay of Rs.4600/- applicable for the promoted pre-revised pay scale, viz. Rs.7450-11500. It is significant to note that no promotion would have taken place for any CG servant w.e.f. 1.1.2006(as the date happens to be a closed holiday), as far as I know.

    The seniors to Shri G.M. Kabui got their pay stepped up on promotion of their junior under the existing rule provision, w.e.f. 2.1.2006.

    At the same time, those who were already in the said pre-replaced scale as on 31.12.2005 and brought over to revised structure on 1.1.2006 got a GP of Rs.4600, but their actual pre-revised pay(which is less than 7450) got re-fixed as per fitment table by multiplying with 1.86 mf.

    Further discussion on Rule 11 may throw much more light, I hope.
    Last edited by sundarar; 25-04-2011 at 06:47 AM.

  5. #45
    Junior Member bhaskar96 is on a distinguished road
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    Default rules regarding fixation of pay in GP 4600 after 1.1.2996 and before 31.08.2008

    Rule for exercising the option: Rule 6 of the CCS(RP)RULES, 2008

    Rule for fiation of pay in the revised pay structure subsequent to the Ist day of January 2006: Rule 11 of the CCS(RP)Rules, 2008

    Usage of fitment ables for cases of pay fixation under RULE 11 OF CCS(RP) Rules 2008: Rule 11 of CCS(RP) - as per clarifiction 03 of the OM issued by the implementation cell, Dept.of expn vide F.No.1/1/2008-IC dtd. 13.09.2008 - based on which the fitment tables to be used for fixation.

  6. #46
    Senior Member sundarar is on a distinguished road
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    Quote Originally Posted by bhaskar96 View Post
    Rule for exercising the option: Rule 6 of the CCS(RP)RULES, 2008

    Rule for fiation of pay in the revised pay structure subsequent to the Ist day of January 2006: Rule 11 of the CCS(RP)Rules, 2008

    Usage of fitment ables for cases of pay fixation under RULE 11 OF CCS(RP) Rules 2008: Rule 11 of CCS(RP) - as per clarifiction 03 of the OM issued by the implementation cell, Dept.of expn vide F.No.1/1/2008-IC dtd. 13.09.2008 - based on which the fitment tables to be used for fixation.
    Please see the Rule under which pay fixation on promotion in the revised structure in the case of Shri G.M. Kabui has taken place and Please compare with similarly situated personnel who were already holding the pre-upgraded scale till 31.12.2005 and what is the remedy available to them in comparison with Shri G.M. Kabui's pay fixation/his seniors' stepping up.

    Rule 11 is hold good as long as the pre-revised scale of pay is retained beyond 1.1.2006.
    and promotion also taking place after 1.1.2006 to enable the individual to opt for fixation of pay on promotion in the revised structure w.e.f. the date of promotion.
    Here the instant subject is different and hence, remedial measures to be in accordance with the requirement of the aggrieved personnel who were granted only GP of Rs.4600, but not minimum pay in the pay band as applicable to bottom stage of the replaced/upgraded higher scale of Rs.7450.

    However, views from other senior members may throw much more light for clarity.

  7. #47
    Junior Member bhaskar96 is on a distinguished road
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    Quote Originally Posted by sundarar View Post
    Please see the Rule under which pay fixation on promotion in the revised structure in the case of Shri G.M. Kabui has taken place and Please compare with similarly situated personnel who were already holding the pre-upgraded scale till 31.12.2005 and what is the remedy available to them in comparison with Shri G.M. Kabui's pay fixation/his seniors' stepping up.

    Rule 11 is hold good as long as the pre-revised scale of pay is retained beyond 1.1.2006.
    and promotion also taking place after 1.1.2006 to enable the individual to opt for fixation of pay on promotion in the revised structure w.e.f. the date of promotion.
    Here the instant subject is different and hence, remedial measures to be in accordance with the requirement of the aggrieved personnel who were granted only GP of Rs.4600, but not minimum pay in the pay band as applicable to bottom stage of the replaced/upgraded higher scale of Rs.7450.

    However, views from other senior members may throw much more light for clarity.
    as far as I know, Mr.G.M.Kabul got his promotion on 02.01.2006 and hence his pay was fixed at 7450 and the seniors above him have got their step up, hence there should not be any confusion.

  8. #48
    Senior Member sundarar is on a distinguished road
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    The instant thread started with the following post and the discussion is still continuing with a view to explore the possibilities of getting fixation of pay in the pay band applicable to bottom stage of the pre-revised upgraded/replaced scale of Rs.7450-11500 while only GP applilcable to such a scale only has been granted-

    a. for those who were holding the pre-upgraded scale till 31.12.2005
    b. for those who were promoted to the upgraded scale after 1.1.2006 without retaining the pre-revised scale and
    c. for those who were granted ACP

    and hence, I have no confusion till this moment as even after Shri Kabui's pay fixation order is obtained through RTI by Shri Susantji, the position remains same.

    I don't know how Rule 11 comes in between, as we are discussing this subject with specific reference to the pay fixation in the case of Shri G.M. Kabui from the date of his promotion i.e.the very next day of implementation of 6th CPC.

    Quote Originally Posted by Victor View Post
    There are three categories of officials affected by the upgradation of the pre-revised scale of 6500 to 7450, in the cadre of Stenographers.

    First, PAs (pre-revised 5500) who were promoted before 1.1.2006.
    Second, Stenographers (pre-revised 4000) who were granted ACP to the scale of PA (pre-revised 5500) before 1.1.2006.
    Third, Stenographers (pre-revised 4000) who were granted ACP to the scale of PA (5500/6500) during the period 1.1.2006 to 31.8.2008.

    The Department of Expenditure and the Department of Economic Affairs have fixed the pay of Steno Gr. D (pre-revised 4000-6000) who have been granted ACP between 1.1.2006 and 31.8.2008, at Rs. 13,860 + GP 4600 based on the fitment table of 7450-11500.

    Thus the third and lowest category of officials indicated above have got the benefit of fixation using the 7450 fitment table.

    This gives rise to a peculiar situation in a cadre. The first and second categories who were drawing more pay and were in a higher scale than the third category as on 1.1.2006, are now drawing less pay. Can the pay of the first two categories viz. PAs promoted before 1.1.2006 and Stenos granted ACP before 1.1.2006 be stepped up w.r.t. their juniors, and if so under what rule.

    Under Note 10 below Rule 7 of CCS(RP) Rules, 2008, stepping up is possible only in cases of 'promotion'. Further, posts are required to be 'identical'. Thus DOPT has issued orders vide OM dated 22/12/2010 (http://persmin.gov.in/WriteReadData/CS/Steppingup.pdf) giving the benefit of stepping up of pay to senior Assistants/PAs who were promoted before 1.1.2006 w.r.t. to their junior Assistants/PAs who were promoted during 1.1.2006 to 31.8.2008 and who got the benefit of fixation of pay at 13,860.

    Note 7 below Rule 7 of CCS(RP) Rules, 2008, also provides for the benefit of stepping up of pay. This provides for stepping up of pay in cases where a senior govt. servant draws more pay (pre-revised) before 1.1.2006 than a junior in the "same cadre". There is no condition w.r.t. mode of appointment and the post held by the senior and junior. Can the first two categories claim for stepping up of pay based on this provision, since all the three categories belong to the same "cadre" and were drawing more pay than the third category before 1.1.2006????

    This problem is also equally faced by the Assistants/UDCs promoted/granted ACP before 1.1.2006.

    I request all members of GConnect to give in their valuable suggestions, comments and views on the subject.

    In case any orders have been issued in any Ministry/Department giving the benefit of stepping up of pay to the first two categories vis-a-vis the third category, the same may kindly be mailed to me at victor_alb@hotmail.com)

    Victor
    Last edited by sundarar; 26-04-2011 at 06:18 PM.

  9. #49
    Junior Member rameshwarsingh is on a distinguished road
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    In earlier pay commissions also many posts were upgraded and similar provision equal to Rule 11 also exists but the method of pay fixation between 6cpc and earlier cpc are different. When anybody switch over to revised pay structure after the commencement date i.e. after 1.1.1996 or 1.1.1986 the provision of Rule 11 attracts but in case of GM Kabui Rule 11 does not attract as DOPT OM dated 22.12.2010 specifically allowed to apply fitment table of upgraded posts in case of Assistants and PAs of Central Secretariat. Whoever allowed to fix pay after commencement of 6cpc either from the date of promotion or increment or financial upgradation would naturally be attracted to Rule 11 and if not attracted Rule 11 to whom this Rule 11 should be applied. In the present situation only those non Assistants and PAs and those who opt to switch over revised pay structure from the date of increment are attracted Rule 11. If anybody who promoted after 1.1.2006 is allowed to apply fitment table of upgraded posts there is no logic to deny fitment table of upgraded posts to those promoted before 1.1.2006,

  10. #50
    Senior Member sundarar is on a distinguished road
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    Quote Originally Posted by rameshwarsingh View Post
    In case of upgraded/merged to higher posts there is nothing wrong to fix pay based on fitment table of upgraded posts as 6cpc recommended to pre-revised scales only. Only obstacle is Alok Saxena's clarficatory OM dated 13-10-2008. However, DOPT OM 22-12-2010 removed this obstacle partly in case of CSS Assistants and PAs. Rule 7 Note 7 is applicable in case of pay fixation cases of as on 1.1.2006 only. GM Kabui's case will be applicable under Rule 11 as his pay fixed after 1.1.2006. MOF stepped up Order dated 7-1-2011 is purely under Rule 7 Note 10 which is objectionable by audit as GM Kabui draw more pay by virtue of his option. Under FR22 no stepped up can be done by seniors if his junior draws more pay by virtue of option. How to tackle Assistants promoted as SO in 2004,2005 but still draws less pay than GM Kabui & Co.?
    From the above quoted post, it is observed that `Shri GM Kabui's case will be applicable under Rule 11 as his pay is fixed after 1.1.2006' Whereas, the latest post indicates otherwise. I am not particular about the Rule 11 which talks of those who retain the pre-revised scale till promotion, and it is common for all the 29 scales.

    In the instant subject that we all have been all along discussing is the question of grant of minimum pay in the pay band applicable to the upgraded pre-revised scale of Rs.7450-11500 while only GP applicable to such a scale is very much given.

    Please see the difference in the issue involved. Shri G.M. Kabui's pay is fixed under Rule 5 and not under Rule 11. We are not for discussing about Rule 11 and as such let that be as it is.

    I wish to focus the point only towards the minimum pay in the pay band and GP both applicable to a particular upgraded scale. What Shri Kabui got is the minimum pay in the pay band as applicable to the upgraded scale of 7450 on the very next day, where retention of pre-revised scale even for a day has helped him to get the benefit. In the case of others, for availing such a benefit, one has to forego the revised structure till his promotion which could even take place on 1.8.2008.. Whether it is required first of all, that is what we have to see. We have to remember while all pay scales are undergoing revision, it is the upgraded scale holders irrespective of any particular department are suffering from this anomaly.

    There is a minimum pay in the pay band virtually exists for all pre-revised scales and GP is granted according to such pre-revised scales only whether it is on 1.1.2006 or on the date of promotion after 1.1.2006. In that case, what is the problem in stepping up to such a minimum pay in the pay band as applicable to the GP granted even for such an upgraded scale w.e.f. 1.1.2006 without any need for retaining the scale. Here, we are concerned about those who were already holding the scale of pre-upgraded one ie. 6500-10500 till 31.12.2005.
    We are also concerned about the personnel who were drawing pay in the revised structure from 1.1.2006 and got promoted to the upgraded scale 7450-11500 after 1.1.2006, but drawing lesser pay in the pay band than minimum pay in the pay band applicable to 7450-11500. We are also concerned about ACP holders of similarly situated.

    As such, at one point of time, all are drawing same GP of Rs.4600, but drawing less than minimum of the pay in the pay band. It is scale based pre-revision vs band based revision. My only question is whether in previous pay commissions such pay scales have not been upgraded and wherever the actual pay happen to be less than the bottom of the upgraded scale, have not been stepped upto such a bottom? (Example 1400-2600 replaced with 1640-2900 w.e.f. 1.1.1986). That was scale based revision. When the present band based revision is supposed to remove any scale based anomaly, we are seeing that an anomaly has been created afresh.

    Beyond Shri G.M. Kabui and beyond the Rule 11, we can very well focus as to whether a pre-revised scale, be it an upgraded one, when undergoing revision on 1.1.2006 itself is not entitled to 7450 x 1.86 or not. If the extant Rules are not providing, clarification can very well be facilitated based on the actual definition of the terminology `Pay in the Pay Band' because we have granted Rs.4600 as applicable to the upgraded scale from 1.1.2006 itself. Here, my discussion is limited to only the upgraded scale 7450-11500 as on 1.1.2006 irrespective of the stepping up issue.

    Let us wait for senior members' views for getting more clarity.

  11. #51
    Junior Member spenke is on a distinguished road
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    Default case filed in the CAT, Mumbai on the above lines by the staff of CGDA

    Dear All

    The denial of the above benefit to all the Central Government staff has been challenged in the CAT by the staff of Controller General of Defence Accounts.

    Please find the enclosed attachment.

    We all the victims should fight aginst the Ministry of Finance for its divide and rule policy.

    I would look forward tha all you should file such cases across India. Then only there will be change in the attitude of Ministry of Finance
    Attached Files

  12. #52
    Member susant270774 is on a distinguished road
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    Quote Originally Posted by spenke View Post
    Dear All

    The denial of the above benefit to all the Central Government staff has been challenged in the CAT by the staff of Controller General of Defence Accounts.

    Please find the enclosed attachment.

    We all the victims should fight aginst the Ministry of Finance for its divide and rule policy.

    I would look forward tha all you should file such cases across India. Then only there will be change in the attitude of Ministry of Finance


    Mr. Spanke Please you have the copy of the RTI relpy of theMOF (Exp) U.C No.22/01/2010-IC dated 23.03.2010 then kindly upload or mailed me to susant27071974@gmail.com, And know me whether the case is already file at Mumbai Cat and what is the latest status.
    So that i make case to be file at Jabalpur cat.

  13. #53
    Junior Member bhaskar96 is on a distinguished road
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    Default pay fixation 7450

    Quote Originally Posted by susant270774 View Post
    Mr. Spanke Please you have the copy of the RTI relpy of theMOF (Exp) U.C No.22/01/2010-IC dated 23.03.2010 then kindly upload or mailed me to susant27071974@gmail.com, And know me whether the case is already file at Mumbai Cat and what is the latest status.
    So that i make case to be file at Jabalpur cat.
    Hey, Rule 5 is abut drawal of pay in the revised pay structure

    Rule 6 is about exercising of the option

    Rule 7 is about fixation of pay in the revised pay structure - as applicable to the officials in the pay scale of 6500, who were promoted before 1.1.2006 - where in for upgraded posts, only Grade pay is given

    Rule 11 is fixation of pay in the revised pay structure subsequent to the 1st day of Jan.2006 - we all are discussing implementation of this rule. implementation of this rule was already clarified by the DoE vide F.No.1/1/2008-IC dtd. 13.09.2008 (clarification 3) - where in it was stated that "the fitment tables annexed with this Dept., OM of even number dtd. 30.08.2008 will be used as prescribed in the relevant provisions ...". Hence it is very clear to use the fitment table and the fitmentable of GP 4600 starts with 13860, hence where is the confusion. So, please go the relevant authorities to implement Rule 11.

  14. #54
    Senior Member sundarar is on a distinguished road
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    If the matter is so easy, then we would not have been discussing this issue for the past four months or so. If the Rules are so clear, then there would have been no hurdle for the implementing agencies too. Only when the Rules are not clear, clarifications felt required and that is how clarifications have been getting issued. The lastest situation we witnessed is the stepping up of pay of seniors to Shri G.M. Kabui whose pay fixation order also has been obtained by Shri Susantji through RTI exercise. If at all Rule 11 is applied in the case of Shri G.M. Kabui, then there should not be any problem in applying the said Rule in the case of Shri Susantji. But the matter does not proceed so.
    That is the reason, I concluded that `Let us wait for senior members' views for more clarity'.. However, everyone can feel free to share their considered views so that (f)actual position could emerge ultimately. We are more interested in ultimate solution only and hence this lengthy exercise.

    When that is so, my point of view is not related to CCS (RP) Rules except Rule 13. According to me, there should not be any need to retain pre-revised scale for availing the minimum pay in the pay band applicable to the promoted post. If a promotee after 1.1.2006 is getting his pay in the pay band less than the minimum pay in the pay band applicable to the Grade Pay/Pre-revised(merged/upgraded) scale bottom of the promoted post, then his pay on promotion ought to be stepped up to such a minimum of the pay in the pay band. Whereas, Rule 13 does not provide so, as it talks of stepping up only to the extent of minimum of the pay band, viz. Rs.9300/- as far as promotees within PB2, which has no relevance at all. Once this is clear, ie. minimum of the pay band and minimum of the pay in the pay band, then there would not have been any problem even to grant such a minimum of the pay in the pay band while fixing pay in the revised structure for an upgraded scale or a merged higher scale. But clarification for such an event could only be possible through Court Judgments.

    From what I understand from Shri Susantji's case, he got promoted on 2.1.2006 to a post carrying pre-revised scale of Rs.6500-10500. Such a scale has been upgraded w.e.f. 1.1.2006 to Rs.7450. There is Mr. Kabui, whose pay also has been fixed at 7450 x 1.86 by virtue of his option to switch over to revised structure from the date of promotion, which happened to be 2.1.2006. As a post-2005 promotee if Mr. Kabui can get his pay fixed at 7450 x 1.86 with GP Rs.4600, then there should not be any problem for Mr. Susantji also to get his pay on par with Shri Kabui. If Rule 11 could help Shri Susantji, then he may like to proceed ahead as suggested in the latest post.

    However, I wish to reproduce Rule 5 of CCS (RP) Rules, 2008:

    "5. Drawal of pay in the Revised Pay Structure:

    Save as otherwise provided in the Rules, a GS shall draw in the RP structure applicable to the post to which he is appointed:

    Provided that a GS may elect to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale;

    Provided further that in the cases where a G.S. has been placed in a higher scale between 1.1.2006 and the date of notification of these Rules on account of PROMOTION, UPGRADATION OF PAY SCALE, etc. the GS may elect to switch over to the revised pay structure from the date of such promotion, upgradation, etc".

    In the case of Shri G.M. Kabui, Rule 5 is applied, as could be seen from the pay fixation order provided by Shri Susantji.

    At this moment, it is better if we focus to CAT news for further discussion.

  15. #55
    Senior Member Victor is on a distinguished road
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    Thank you all for participating in this discussion and giving valuable comments, opinions and feedback.

    I would like to submit the following for further discussions:

    Rule 5 of CCS(RP) Rules, 2008 pertains to the issue of the date from which a government servant is entitled to draw pay in the revised pay structure. The default date is 1.1.2006 but provisions have been made in this rule to enable govt. servants to opt for switchover from 5CPC to 6CPC from a date subsequent to 1.1.2006, if the same is beneficial to them. The circumstances under which the govt. servant could opt for a switchover subsequent to 1.1.2006 could be promotion, upgradation of scales, drawal of next or any subsequent increment, vacation of post, etc.

    Rule 6 of CCS(RP) Rules, 2008 pertains to the modalities of option to be exercised and issues related to it.

    So to conclude from the above, a govt. servant can opt to migrate from 5CPC to 6CPC either w.e.f. 1.1.2006 or from a subsequent date.

    Now comes the issue of fixation of pay under the two above mentioned circumstances i.e. on migration w.e.f. 1.1.2006 or from a subsequent date.

    In case of migration w.e.f. 1.1.2006 the pay in the revised pay structure has to be fixed under Rule 7 of CCS(RP) Rules, 2008.
    Similarly, in the case of migration from a date subsequent to 1.1.2006, the pay in the revised pay structure has to be fixed under Rule 11 of CCS(RP) Rules, 2008.

    So the pay of a govt. servant can either be fixed under Rule 7 or Rule 11, depending upon the date of option exercised by him/her.

    MOF vide OM dated 30th August 2008 have prescribed fitment tables for each of the pre-revised scales to make life easy for everybody. These fitment tables are to be used for fixation under Rule 7.

    Subsequently, MOF vide OM dated 13th September 2008 (http://finmin.nic.in/6cpc/fno112008dt130908.pdf) clarified that the fitment tables annexed to OM dated 30th August 2008 are also to be used in case of fixation of pay under Rule 11 (Refer Clarification No. 3).

    So all roads lead to the fitment tables prescribed by MOF whether the fixation is to be done under Rule 7 or Rule 11.
    Now the basic question arises as to what basic pay (and consequently the pre-revised scale to which the basic pay belongs) is to be used as the basis in the fitment tables, so as to discover the revised basic pay.

    Under Rule 7 the revised pay depends on “existing basic pay” which has been further defined as “PAY DRAWN” under Rule 3(1).

    Rule 11 on the other hand says “basic pay applicable on the later date”. Subsequently OM dated 13th September 2008 while clarifying that fitment tables prescribed for Rule 7 are also to be used for Rule 11 clearly says that the “… pre-revised basic pay to be reckoned in such cases will be the pay of the Government Servant on the day of the fixation”. This means that the actual pay drawn by the govt. servant (and consequently the pre-revised scale to which the basic pay belongs) would be the basis for using the fitment tables.

    Now let us come to the question of fixation of pay of Shri GM Kabui, a UDC who was drawing Rs. 4900 in the pre-revised scale of Rs. 4000-6000 as on 1.1.2006 and migrates to the 6CPC w.e.f. 2.1.2006 i.e. on the day on which he was promoted as Assistant in the pre-revised scale of Rs. 5500-9000.

    Obviously his pay has to be fixed under Rule 11 and consequently as per clarification dated 13th September 2008 the fitment tables prescribed for Rule 7 are to be used. The basic pay to be “reckoned” in this case should have been the “pay of the Government Servant on the day of the fixation”. Since he was presumably drawing Rs. 5500 in the pre-revised scale of Rs. 5500-9000 on 2.1.2006 his pay should have been fixed at Rs. 10230 + GP 4600.

    However, MOF issued a clarification dated 14.12.2009 (http://persmin.gov.in/WriteReadData/...Steppingup.pdf) which prescribed a new method of pay fixation applicable only to Assistants/PAs of CSS/CSSS. As per this clarification MOF prescribed two different and contradictory methods for pay fixation on a date subsequent to 1.1.2006, i.e. under Rule 11.

    As per clarification (b) where Assistants/PAs opted for pay fixation w.e.f. 15.9.2006 (when the scale of Assistants/PAs was earlier upgraded from 5500-9000 to 6500-10500) then the pay would be fixed w.r.t. to fitment table of 6500-10500, i.e. on the basis of the basic pay and the scale which was actually drawn.

    However, as per clarification (C) where Assistants/PAs opted for pay fixation w.e.f. date of promotion during the period 1.1.2006 to 31.8.2008, their pay would be fixed w.r.t. fitment table of 7450-11500 “in terms of CCS(RP) Rules, 2008”.

    So if a senior Assistant who opts for migration w.e.f. 15.9.2006 then his pay would be fixed w.r.t. the fitment table of 6500-10500 whereas Shri GM Kabui a UDC who was promoted as an Assistant on 2.1.2006 and is the junior most in the Assistant grade can have his pay fixed w.r.t. fitment table of 7450-11500 w.e.f. 2.1.2006. For example an Assistant drawing Rs. 6500 (in the scale of 6500-10500) as on 15.9.2006 can have his pay fixed at Rs. 12090 (if he opts for fixation w.e.f. 15.9.2006), while Shri Kabui drawing lesser pay at Rs. 5500 (in the scale of 5500-9000) can have his pay fixed higher at Rs. 13860 w.e.f. 2.1.2006, without ever drawing the basic pay of Rs. 7450 in the pre-revised scale of 7450-11500.

    As can be seen, all cases of pay fixation subsequent to 1.1.2006 whether due to promotion, upgradation, etc., have to be necessarily covered under Rule 11 which does not prescribe different formulas for different cases.

    It is also understood that the clarification dated 14.12.2009 issued by MOF to clarify the CCS(RP) Rules, 2008 is unique and only applies to Assistants/PAs of CSS/CSSS. Similar benefit to similarly placed govt. employees in other services/grades has not been agreed to by the MOF.

    This gives rise to a larger fundamental issue. What is the pre-revised scale of an Assistant? In the example given above, it could be Rs. 5500-9000 or 6500-10500 or 7450-11500 depending upon the date of option given by a govt. servant. Shri GM Kabui has indirectly got the scale of 7450-11500, a scale which he has never drawn. So if Shri Kabui can get the scale of 7450-11500 why not all Assistants/PAs can get this scale w.e.f. 1.1.2006 itself.

    It is pertinent to mention that a pay scale is attached to a post and not to a person (except in the case of ACP/MACP). In the case of Assistants who are completely at par with each other (and not drawing a higher pay scale under ACP) the pay scales could be different depending upon the date of migration to 6CPC. This is the root cause of the anomalies that has arisen. This has been further compounded by extending the benefit of fixation at Rs. 13,860 (w.r.t. fitment table of 7450-11500) to Stenographers who were granted ACP during 1.1.2006 to 31.8.2008.

    MOF has also issued general clarifications w.r.t. manner of pay fixation in upgradation cases. These are OM dated 13.09.2008 (Clarification No. 6(ii)) (http://finmin.nic.in/6cpc/fno112008dt130908.pdf) and OM dated 13.10.2008 (http://finmin.nic.in/6cpc/fno112008dt131008.pdf) wherein it has been clarified that the fitment table of the lower pre-revised scale and the grade pay of the upgraded pre-revised scale is to be used in calculating the revised basic pay in all cases of upgradation.

    This clearly proves the malafide intention of the MOF/DOPT who want to give undue advantage to the Assistants/PAs of CSS/CSSS by their discriminatory attitude. Efforts under RTI by various colleagues have proved futile, as the applications are forwarded to various other CPIOs of MOF/DOPT as if it were a game of ping pong. NAC has also proven to be a failure as it could not even flag this issue forget resolving this issue. The only recourse in the present circumstances could be through legal methods.

    I invite comments from other members.

    Victor

  16. #56
    Member susant270774 is on a distinguished road
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    Dear Victor , You are very much right about it, as spanke has indicate that the CAT case AAOs of DAD has already filed at Mumbai CAT regarding the discrimination of MOF in fixation of the similar placed situation of other ministries. The SO scale of 6500-10500 has been upgrade to 7500-11500 with grade pay of 4800 , CGDA, New Delhi is also of the view that the pay of the applicants to be fixed wrt upgraded PRS of 7500-12000 corresponding to grade pay of Rs.4800 and submitted the proposal for clarification to MoF D/o Expenditure through MoD (F) vide UO No. UO NO AN/XIV/14162/6th CPC/Circular/Vol-IV dated 8.4.2010. MoF has now clarified vide UO No.18/2/2010 Legal dt.25.10.10 that para 3 of MoF Dept of Expenditure IC UO No.10/1/2010-IC, dated 27.1.2010 is applicable in r/o Assistant/PAs of CSS only and advised to fix the pay of instant SO (A)/AAO as per Rule 11 of CCS (RP) Rules 2008.

    Pay has been fixed to Assistants of CSS wrt upgraded PRS, whereas similar application of formula, ie, fixation wrt upgraded PRS was denied to SOs (A) (now AAOs) of DAD. That is two different manners of pay fixation (formula) were applied in identical situations, viz both are upgraded posts, the officials have opted to have their pay fixed from their date of promotion and arrears were foregone wef 1.1.2006 to their date of promotion.
    Consequently the pay of those posts with lesser grade pay (of Rs.4600) was fixed more than that of those posts with higher grade pay (of Rs.4800/-) which is gross injustice to the officials with higher grade pay P
    In an RTI reply MoF has clarified vide Uo No.22/01/2010 IC dt. 23.03.2010 that the formula for fixation of pay as envisaged in para 3 of IC UO No 10/1/2010-IC, dt.27.01.2010 shall apply to all upgraded posts of other ministries/depts.

    The provisions of CCS (RP) Rules 2008 regarding manner of fixation of pay mutatis-mutandis apply to Assistants/PAs of CSS and SOs (A) (now AAOs) of DAD. Further, clarification vide Para 2 (c) of MoF Dept of Expenditure IC UO No.10/1/2009 IC, dated 14.12.2009 has been issued within the purview of CCS (RP) Rules 2008 as stated in the clarification itself

    I have to remind you that I have also asked the copy of the MoF has clarified vide Uo No.22/01/2010 IC dt. 23.03.2010 but the MOF finance has denied that the such letter or advice issue to various ministries I there is no system of record maintaining in the MOF. You can believed those word of MOF. When I have asked that what rule/para of CCS 2008 is made applicable for Assistant of CSS , Minsitry of finance reply that the Rule CSS 2008 id posted in website. So they has given totally mislaeading & denied information. MOF people has no fear of RTI. The appleallate Authority of MOF is also give biased order and favour the CPIO.
    Hence I have no option to filed compliant in CIC . And hope thay shall be penalized by CIC, if CIC people not biased.

    One more thing it known from the CAT case of Judgment in Savita Rani Case ( on extending similar benefit of formula adopted for Asstts/PAs of CSS to AAOs of DAD, that MOF is already lossed the case but even though they are not even agree to give such benefit to AAO of the region which has given the situation that for similar case will be filled by individual person who want the similar fixation have tommove to court. As this situation created by MOF the fellow Alok Sexana Director implementation cell. His action is like a corruption but no body can asked why he doing like this our Union people or member of NAC or Departmental anomaly committee.
    Since Govt employee is facing such situation then what will happen to common citizen of India.. As Govt the ruling party is very much busy in doing corruption then who will watch those beaurocrate w hat are they are doing under the nose of minister .
    Now I think that this country has no hope regarding good governances with transparency due to such ruling party . The only hope is the Judiciary due to which this country is now alive other wise this country is gone hell.

  17. #57
    Senior Member Victor is on a distinguished road
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    Thanks for your valuable inputs.

    I shall be grateful if you could provide a copy of the following documents:

    UO No.10/1/2010-IC dated 27.01.2010
    UO No.22/01/2010 IC dated 23.03.2010
    UO No.18/2/2010 Legal dated 25.10.2010

    The scanned documents could be mailed to me at victor_alb@hotmail.com or faxed to me at 011-24366559

    Victor

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    mr.susant

    Please also forward me the copies told by Mr.Victor by email to bhaskar96@rediffmail.com. Though the DoE now not giving any replies under RTI, but the DoE vide their reply to an RTI query by AAO on to whether the formula for fixation of pay by fitment in the upgraded post as clarified to M/o Petrolium & Natural Gas dtd. 27.1.10 will be applicable in r/o the officials of other departments/minsitries, the DoE has replied as YES. Further w.r.to not giving nod for the same in case of GP 4800, we do not know the circumstances under which they said no. Hence we better concentrate on GP 4600 (where it is clearly upgraded to all the central governemtn departments). Further the clarifications given by the DoE are based on the CCS(RP)Rules 2008 and on any departnment specific. Hence let us be positive and fight with DoE for the same. I have both the copies of the query and the answer replied by DoE under RTI. Any body wants, I can send the same.

    Here one more thing we have to know that the DoE has not rejected the same formula as applicable to Assistant/PA to any other department. Hence why be negative.

  19. #59
    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by bhaskar96 View Post
    mr.susant

    Please also forward me the copies told by Mr.Victor by email to bhaskar96@rediffmail.com. Though the DoE now not giving any replies under RTI, but the DoE vide their reply to an RTI query by AAO on to whether the formula for fixation of pay by fitment in the upgraded post as clarified to M/o Petrolium & Natural Gas dtd. 27.1.10 will be applicable in r/o the officials of other departments/minsitries, the DoE has replied as YES. Further w.r.to not giving nod for the same in case of GP 4800, we do not know the circumstances under which they said no. Hence we better concentrate on GP 4600 (where it is clearly upgraded to all the central governemtn departments). Further the clarifications given by the DoE are based on the CCS(RP)Rules 2008 and on any departnment specific. Hence let us be positive and fight with DoE for the same. I have both the copies of the query and the answer replied by DoE under RTI. Any body wants, I can send the same.

    Here one more thing we have to know that the DoE has not rejected the same formula as applicable to Assistant/PA to any other department. Hence why be negative.
    Shall be grateful if you could send me the copies of relevant documents pertaining to RTI to my email ID (victor_alb@hotmail.com)

    Victor

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    Quote Originally Posted by Victor View Post
    Thank you all for participating in this discussion and giving valuable comments, opinions and feedback.

    I would like to submit the following for further discussions:

    Rule 5 of CCS(RP) Rules, 2008 pertains to the issue of the date from which a government servant is entitled to draw pay in the revised pay structure. The default date is 1.1.2006 but provisions have been made in this rule to enable govt. servants to opt for switchover from 5CPC to 6CPC from a date subsequent to 1.1.2006, if the same is beneficial to them. The circumstances under which the govt. servant could opt for a switchover subsequent to 1.1.2006 could be promotion, upgradation of scales, drawal of next or any subsequent increment, vacation of post, etc.
    ......
    ......
    Now let us come to the question of fixation of pay of Shri GM Kabui, a UDC who was drawing Rs. 4900 in the pre-revised scale of Rs. 4000-6000 as on 1.1.2006 and migrates to the 6CPC w.e.f. 2.1.2006 i.e. on the day on which he was promoted as Assistant in the pre-revised scale of Rs. 5500-9000.

    Obviously his pay has to be fixed under Rule 11 and consequently as per clarification dated 13th September 2008 the fitment tables prescribed for Rule 7 are to be used. The basic pay to be “reckoned” in this case should have been the “pay of the Government Servant on the day of the fixation”. Since he was presumably drawing Rs. 5500 in the pre-revised scale of Rs. 5500-9000 on 2.1.2006 his pay should have been fixed at Rs. 10230 + GP 4600.

    However, MOF issued a clarification dated 14.12.2009 (http://persmin.gov.in/WriteReadData/...Steppingup.pdf) which prescribed a new method of pay fixation applicable only to Assistants/PAs of CSS/CSSS. As per this clarification MOF prescribed two different and contradictory methods for pay fixation on a date subsequent to 1.1.2006, i.e. under Rule 11.

    As per clarification (b) where Assistants/PAs opted for pay fixation w.e.f. 15.9.2006 (when the scale of Assistants/PAs was earlier upgraded from 5500-9000 to 6500-10500) then the pay would be fixed w.r.t. to fitment table of 6500-10500, i.e. on the basis of the basic pay and the scale which was actually drawn.

    However, as per clarification (C) where Assistants/PAs opted for pay fixation w.e.f. date of promotion during the period 1.1.2006 to 31.8.2008, their pay would be fixed w.r.t. fitment table of 7450-11500 “in terms of CCS(RP) Rules, 2008”.

    So if a senior Assistant who opts for migration w.e.f. 15.9.2006 then his pay would be fixed w.r.t. the fitment table of 6500-10500 whereas Shri GM Kabui a UDC who was promoted as an Assistant on 2.1.2006 and is the junior most in the Assistant grade can have his pay fixed w.r.t. fitment table of 7450-11500 w.e.f. 2.1.2006. For example an Assistant drawing Rs. 6500 (in the scale of 6500-10500) as on 15.9.2006 can have his pay fixed at Rs. 12090 (if he opts for fixation w.e.f. 15.9.2006), while Shri Kabui drawing lesser pay at Rs. 5500 (in the scale of 5500-9000) can have his pay fixed higher at Rs. 13860 w.e.f. 2.1.2006, without ever drawing the basic pay of Rs. 7450 in the pre-revised scale of 7450-11500.

    As can be seen, all cases of pay fixation subsequent to 1.1.2006 whether due to promotion, upgradation, etc., have to be necessarily covered under Rule 11 which does not prescribe different formulas for different cases.

    I invite comments from other members.

    Victor
    Thank you very much Shri Victorji for a very elaborate valuable analysis and inputs, and this is what I have been waiting for, subsequent to Shri Susantji's providing a copy of pay fixation order in r/o Shri G.M. Kabui on promotion w.e.f. 2.1.2006.

    I have nothing more to add any further views except that as per the said pay fixation order in respect of Shri G.M. Kabui, Rule 5 only is quoted for fixing the said pay on promotion w.e.f. 2.1.2006 in the said order.

    However, at present, as your goodself have rightly concluded that the only recourse in the present circumstances could be through legal methods and already a case has also been filed in the CAT amidst RTI exercise, it is time to come out of existing Rules and their clarifications by looking for any fresh clarification as the outcome of the litigation/RTI exercise.

    I also thank all the members who have been actively participating so as to update my/our point of view and the credit goes to senior members like Shri Victorji who provide us the ultimate clarity based on the existing Rules/clarifications and the implementation strategies that are being followed as of date.

    Best wishes.

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