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raju_lp1970
11-01-2010, 07:45 PM
Dear friends,
On 1/8/05 I got promotion and my pay was fixed at Rs. 9100/- on 1/8/2005 in the pay scale of Rs 8000-275-13500. With pay commission my pay was fixed at Rs. 16930/- with GP 5400/- on 1/1/06. On 1/7/06 it was uploaded to Rs. 17600/-, to Rs. 18290 on 1/7/07, and Rs. 19000 on 1/7/08.
my friend x was at Rs. 8800/- on 1/1/06 in the pay scale of 7450-225-11500. His pay was fixed at Rs. 16370/- with GP of 4600/-. On 1/7/06 he was uploaded to 17000/-. He got promotion on 1/8/2006 and his pay was fixed at Rs. 17650/-with GP 5400/-. Later on 1/7/2007 he was uploaded to Rs. 18350/- and Rs. 19070/- on 1/7/08. thus now he is drawing more than me though I am senior by all means.
my admin people are not considering it as pay anomaly. I strongly feel that it is pay anomaly and i should get pay upgradation. Please suggest what i should do?

tvenkatam
11-01-2010, 09:27 PM
Dear friends,
On 1/8/05 I got promotion and my pay was fixed at Rs. 9100/- on 1/8/2005 in the pay scale of Rs 8000-275-13500. With pay commission my pay was fixed at Rs. 16930/- with GP 5400/- on 1/1/06. On 1/7/06 it was uploaded to Rs. 17600/-, to Rs. 18290 on 1/7/07, and Rs. 19000 on 1/7/08.
my friend x was at Rs. 8800/- on 1/1/06 in the pay scale of 7450-225-11500. His pay was fixed at Rs. 16370/- with GP of 4600/-. On 1/7/06 he was uploaded to 17000/-. He got promotion on 1/8/2006 and his pay was fixed at Rs. 17650/-with GP 5400/-. Later on 1/7/2007 he was uploaded to Rs. 18350/- and Rs. 19070/- on 1/7/08. thus now he is drawing more than me though I am senior by all means.
my admin people are not considering it as pay anomaly. I strongly feel that it is pay anomaly and i should get pay upgradation. Please suggest what i should do?

Dear Mr. Raju,

In your case it is, indeed, an anomaly. Your pay should be stepped up to 17650 from 01.08.2006 at par with your junior in terms of Note 10 below Rule 7 of CCS (Revised Pay) Rules, 2008. You have to take up the issue with the appropriate authorities in your office.

jitendraacr
11-01-2010, 10:17 PM
Dear friend
This is a fit case where Note 10 below CCS(RP) Rules,2008 is applicable. You may represent your case to admn people by quoting this rule. Justice is not far away.
Jitendra

svsankar
12-01-2010, 08:44 PM
Dear mr raju,
what was your normal date of increment prior to 01-01-2006. whether you were senior from the date of your appointment in the feeder cadres to your existing post.
svsankar.

raju_lp1970
13-01-2010, 11:06 AM
Dear Mr svsankar,
My date of increment before 1/1/06 was 1st February. My date of pay fixation after promotion on 1/8/05 was 1/2/06. After 6th CPC I opted for 1/8/05 as pay fixation date as earlier option was disadvantageous. But with this change also I was still lagging behind my colleague who was promoted on 1/8/06 to the post on which I was promoted on 1/8/05. Otherwise we both have joined the service on same date and on 31/7/2005 we both have same basic in same scale.

raju_lp1970
13-01-2010, 11:09 AM
Dear Mr svsankar,
My date of increment before 1/1/06 was 1st February. My date of pay fixation after promotion on 1/8/05 was 1/2/06. After 6th CPC I opted for 1/8/05 as pay fixation date as earlier option was disadvantageous. But with this change also I was still lagging behind my colleague who was promoted on 1/8/06 to the post on which I was promoted on 1/8/05. Otherwise we both have joined the service on same date and on 31/7/2005 we both have same basic in same scale.

raju_lp1970
13-01-2010, 06:46 PM
Thanks to both of you, Mr. T Venkatam & Mr. Jitendra,
My next doubt in this line is, if at all one increment is granted to the Feb increment candidates (as published in the recent developments of anomaly committee) then Mr X will again go ahead of me by an increment. Will the same note 10 of rule 7 of CCS rule 2008 will be applicable in my case?

Raju.:confused:

tvenkatam
13-01-2010, 07:12 PM
Thanks to both of you, Mr. T Venkatam & Mr. Jitendra,
My next doubt in this line is, if at all one increment is granted to the Feb increment candidates (as published in the recent developments of anomaly committee) then Mr X will again go ahead of me by an increment. Will the same note 10 of rule 7 of CCS rule 2008 will be applicable in my case?

Raju.:confused:

Dear Friend,

Please understand that your pay will be at par with your colleague even if an additional one time increment is granted as on 01.01.2006. On the date of promotion of your colleague i.e. on 01.08.2006 your pay in the promoted post will in no case be lower than that of your colleague's.

Anthony
13-01-2010, 08:07 PM
Dear friend,

I want to add a point to Mr. Venkatam's views, is that unless your increment is postponed due to some reason.

Anthony

svsankar
15-01-2010, 10:27 AM
Dear mr. Raju,
The reason why I have asked for your date of increment was, if the anamoly in pay is due to exercising of a different option by the two compared, you will not be entitled for stepping up of pay. This has been decided in many cases earlier by accounts personnel and an accepted version of the rule of stepping up of pay.

Shall I guess that your pay in 7450/11500 as on 31-7-2005 was 8800- with doi on 01-2-06. on your promotion you have revised your option for straight fixation i.e., 8800 + 225 fixed at 9100-. If you would have retained your original option then it would have been 8800*1.86 = 16370+5400 wef 01-01-2006

And 16370+4600 *3%(increment in lower post)=630+16370+4600 *3%(promotional benefit on option) =650 i.e., 17650+5400 wef 01-7-06. You would have been equal with your junior why did you change your option.

Venkatam Sir may please assess the possibility of stepping up of pay in these circumstances.

However for raju don't be worried now orders are going to be issued for preponement of Feb increment to january, you can change your option at that time again.

By the bye what is the date of increment of your junior. The word uploaded is to be called as upgraded or increased.
regards,
svsankar.

tvenkatam
15-01-2010, 07:40 PM
Dear Friends,

Re-exercise of option will only be to the disadvantage. In such case the pay in the pay band for the period between 01.01.2006 and 30.06.2006 will be only 16370 instead of the existing 16930.

As it is, Mr. Raju clearly fulfills all the conditions prescribed for stepping up of pay at par with his junior from the date of promotion of his junior in terms of Note 10 below Rule 7 of CCS (RP) Rules, 2008. There appears to be no other remedy.

In the rarest event of grant of one time additional increment (for all those with pre-revised DNI between 02.01.2006 and 30.06.2006), Note 10 below Rule 7 of CCS (RP) Rules, 2008 will be equally applicable and your pay will also have to be stepped up to the same level as that of your junior who will be gaining an increment by virtue of his DNI falling in February 2006.

Immediately, in the first instance, it is advisable to seek the remedy already available under the extant rules..

raju_lp1970
16-01-2010, 02:08 PM
Dear shri svsankar & shri venkatam,
Thanks to both of you,
After reading your views, I feel I should start from the beginning. On 31/7/05 both of us were at 8800/- in 7450/11500. On promotion I opted fixation from DNI i.e. 1/2/06. Accordingly my pay was raised to 8825/- from 1/8/05 (this is not clerical/typing mistake) and on 1/2/06 it was fixed at 9375/-. After 6th CPC implementation my pay on 1/1/06 was fixed at 16420/- with 5400/- GP. on 1/7/06 it was increased to 17080/-, on 1/7/07 it was increased to 17760/- on 1/7/08 it was increased to 18460/- and on 1/7/09 it was increased to 19180/-. Hence as such with this option also I was drawing less than my friend X with much wide gap. Then I represented this anomaly to admin. It was told that I shall change my fixation option, things will be alright. But after changing option what has resulted is given in my very first post. Let me add, this is Dept. of Atomic Energy. Does it makes any difference?

tvenkatam
16-01-2010, 08:00 PM
Dear shri svsankar & shri venkatam,
Thanks to both of you,
After reading your views, I feel I should start from the beginning. On 31/7/05 both of us were at 8800/- in 7450/11500. On promotion I opted fixation from DNI i.e. 1/2/06. Accordingly my pay was raised to 8825/- from 1/8/05 (this is not clerical/typing mistake) and on 1/2/06 it was fixed at 9375/-. After 6th CPC implementation my pay on 1/1/06 was fixed at 16420/- with 5400/- GP. on 1/7/06 it was increased to 17080/-, on 1/7/07 it was increased to 17760/- on 1/7/08 it was increased to 18460/- and on 1/7/09 it was increased to 19180/-. Hence as such with this option also I was drawing less than my friend X with much wide gap. Then I represented this anomaly to admin. It was told that I shall change my fixation option, things will be alright. But after changing option what has resulted is given in my very first post. Let me add, this is Dept. of Atomic Energy. Does it makes any difference?

Dear Friend,

DAE makes no difference. Protection under Note 10 below Rule 7 of CCS (RP) Rules, 2008 is available to you, which may be invoked for redress.

andy_deeps
19-01-2010, 05:51 AM
Dear Sir,

I have joined service as an LDC on 17.5.1996. On Completion of 12 years of service I was granted Ist ACP in the Grade of UDC 4000-100-6000. Consequent on the implementation of the 6 CPC I was granted GPay of Rs.2400/- w.e.f 17.5.2008. However in lieu of the confusion arising out of Para No. 6.1 (a) of the MACP Order dated 19.5.2009, my office has refixed my Pay with Grade Pay of Rs.1900/- with effect from 1.1.2006 to 31.8.2008 and MACP in the Grade Pay of Rs.2000/- with effect from 1.9.2008. My 60% arrears has also been drawn in the G. Pay of Rs.1900/-.

Please clarify

1. Whether the decision of my department to refix my Pay in the grade of LDc with Grade Pay of Rs.1900/- and option to choose MACP in next hierachial Grade Pay of Rs.2000/- w.e.f 1.9.2008 right ?
2. As I have already been granted Ist ACP on 17.5.2008 am I not eligible for getting Grade Pay of Rs.2400/- as all old ACP will be applicable upto 31.8.2008 as per MACP order and MACP is to be granted only w.e.f 1.9.2008.
3. As per Para No. 6.1(a) of MACP Order if an official chooses to get his pay fixed in the pre-revised scale; ACP already granted should also be included in the pay chosen in the pre-revised scale

If any clarification in this matter has been issued by DOPT can anybody provide me with the said details.

Any other Government official who is facing the same problem may please post their views about the decision taken by their respective departments pertaining to their individual cases with regards to the case mentioned above.

Hoping to receive a positive reponse from the forum

BANSAL
22-01-2010, 07:01 AM
your office is not correct. kindly fight for your right. as MACP order it applied w.e.f. 1.9.2008. abd before that old ACP scheme in operation and you are entitled for grade pay of 2400 as per cadre hierechay in old ACP granted before 1.9.2008.

svsankar
23-01-2010, 06:50 PM
Dear Mr Raju,
I had deliberated the issue to analyse the situation as some critical points were missing. Though I still stand by my opinion and feel that the initial pay fixation done by your office is not correct. You should have got two increments in 01-7-2006 one normal increment and one promotional benefit.
Shri Venkatam Sir is a learned and more senior member of the forum and I request that you may immediately act upon his opinion without delay. In case of any problem you can come up again later on to the forum or take my example to fight your case.
Regards,
svsankar.

aneesh
23-01-2010, 10:20 PM
Dear Sir,

I have joined service as an LDC on 17.5.1996. On Completion of 12 years of service I was granted Ist ACP in the Grade of UDC 4000-100-6000. Consequent on the implementation of the 6 CPC I was granted GPay of Rs.2400/- w.e.f 17.5.2008. However in lieu of the confusion arising out of Para No. 6.1 (a) of the MACP Order dated 19.5.2009, my office has refixed my Pay with Grade Pay of Rs.1900/- with effect from 1.1.2006 to 31.8.2008 and MACP in the Grade Pay of Rs.2000/- with effect from 1.9.2008. My 60% arrears has also been drawn in the G. Pay of Rs.1900/-.

Please clarify

1. Whether the decision of my department to refix my Pay in the grade of LDc with Grade Pay of Rs.1900/- and option to choose MACP in next hierachial Grade Pay of Rs.2000/- w.e.f 1.9.2008 right ?
2. As I have already been granted Ist ACP on 17.5.2008 am I not eligible for getting Grade Pay of Rs.2400/- as all old ACP will be applicable upto 31.8.2008 as per MACP order and MACP is to be granted only w.e.f 1.9.2008.
3. As per Para No. 6.1(a) of MACP Order if an official chooses to get his pay fixed in the pre-revised scale; ACP already granted should also be included in the pay chosen in the pre-revised scale

If any clarification in this matter has been issued by DOPT can anybody provide me with the said details.

Any other Government official who is facing the same problem may please post their views about the decision taken by their respective departments pertaining to their individual cases with regards to the case mentioned above.

Hoping to receive a positive reponse from the forum

Dear friend

This issue has been discussed already by many members and you may go through the same. You will be eligible for GP 2400 from the date of ACP but you will loose the arrears upto the date of ACP which will be drawn in the old Pay scale 5cpc. But in the long run this will be advantageous.

This is what has been done in our office. But on this subject there is recent clarification by some of the members. Please go through the same.

With best wishes

tvenkatam
23-01-2010, 11:35 PM
Dear Sir,

I have joined service as an LDC on 17.5.1996. On Completion of 12 years of service I was granted Ist ACP in the Grade of UDC 4000-100-6000. Consequent on the implementation of the 6 CPC I was granted GPay of Rs.2400/- w.e.f 17.5.2008. However in lieu of the confusion arising out of Para No. 6.1 (a) of the MACP Order dated 19.5.2009, my office has refixed my Pay with Grade Pay of Rs.1900/- with effect from 1.1.2006 to 31.8.2008 and MACP in the Grade Pay of Rs.2000/- with effect from 1.9.2008. My 60% arrears has also been drawn in the G. Pay of Rs.1900/-.

Please clarify

1. Whether the decision of my department to refix my Pay in the grade of LDc with Grade Pay of Rs.1900/- and option to choose MACP in next hierachial Grade Pay of Rs.2000/- w.e.f 1.9.2008 right ?
2. As I have already been granted Ist ACP on 17.5.2008 am I not eligible for getting Grade Pay of Rs.2400/- as all old ACP will be applicable upto 31.8.2008 as per MACP order and MACP is to be granted only w.e.f 1.9.2008.
3. As per Para No. 6.1(a) of MACP Order if an official chooses to get his pay fixed in the pre-revised scale; ACP already granted should also be included in the pay chosen in the pre-revised scale

If any clarification in this matter has been issued by DOPT can anybody provide me with the said details.

Any other Government official who is facing the same problem may please post their views about the decision taken by their respective departments pertaining to their individual cases with regards to the case mentioned above.

Hoping to receive a positive reponse from the forum

Dear Friend,

Your office is at fault to re-fix your pay in the grade pay of 2000 from 01.09.2008 as per MACP upgradation in the hierarchy of grade pay while the authority competent to sanction ACP upgradation had already granted ACP upgradation to the grade pay of 2400 in the hierarchy og promotion w.e.f. 17.05.2008.

You must represent.

krishnan09
24-01-2010, 03:56 PM
Mr.Andy_deep.
Your pay was fixed wrongly. Since you were in the LDC post on 1.1.2006, your pay has to be fixed according to the Pay band first. Further your ACP has fallen on 17.5.2008, hence your pay has to be fixed in the UDC scale w.e.f.17.5.2008 and correspondingly the pay will arrive in the pay band of UDC. The MACP is effective from 1.9.2008 and hence the pay fixation done by your office is wrong. Until and unless I know the actual pay drawn on 1.1.2006 and what was your pay on 16.5.2008, I may not be able to arrive the figures
I hope my reply is clear to you

aneesh
25-01-2010, 09:04 PM
Dear members

In my office those who got acp after 1.1.2006 but before 1.9.2008 have been granted acp under the old scheme. Their pay has been fixed in the pre revised scale and salary has been drawn in the old scale upto the date of acp. The revised salary drawn as per 6cpc wef 1.1.2006 upto the date of acp has been recovered from the 60% arrears due to them. Please enlighten on the action taken is correct and any clarificatory orders have been issued in this regard.

tvenkatam
25-01-2010, 11:45 PM
Dear members

In my office those who got acp after 1.1.2006 but before 1.9.2008 have been granted acp under the old scheme. Their pay has been fixed in the pre revised scale and salary has been drawn in the old scale upto the date of acp. The revised salary drawn as per 6cpc wef 1.1.2006 upto the date of acp has been recovered from the 60% arrears due to them. Please enlighten on the action taken is correct and any clarificatory orders have been issued in this regard.

Dear Mr. Aneesh,

MACPS came into force from 01.09.2008. ACP upgradations were granted upto 31.08.2008 in the hierarchy of promotion.

All those who were granted ACP upgradation till 01.01.2006, were to have their pay fixed in the revised pay rules with reference to the pre-revised pay scale as on 01.01.2006. (para-6 of MACPS)

In the case of ACP upgradation granted between 01.01.2006 and 31.08.2008, the pay may be fixed in the revised pay structure either (a) w.e.f. 01.01.2006 with reference to pre-revised pay scale as on 01.01.2006; or (b) w.e.f. the date of ACP with reference to the pre-revised scale granted under ACP. (para-6.1 of MACPS)

Option (a) is available in terms of Rule 5 of CCS (RP) Rules, 2008. Option (b) is available in terms of second proviso to Rule 5 of CCS (RP) Rules, 2008. Under the Option (b), the employee will forgo the arrears of pay from 01.01.2006 to the date of ACP upgradation.

In the case of Option (a), the pay will be fixed with reference to pre-revised pay scale as on 01.01.2006. ACP upgradation granted upto 31.08.2008 will be in the hierarchy of promotion. (Let us forget about those cases/posts where the promotion in the hierarchy is either to the same or immediately next higher grade pay in the revised pay structure). Implicitly, the pay of an employee will first be fixed in the revised pay structure on 01.01.2006 with reference to the pre-revised scale of the post held on that date and re-fix the pay in the revised pay structure from the date of ACP upgradation in terms of Rule 13 of CCS (RP) Rules, 2008. Now, your question is “What should be the grade pay granted on re-fixation of pay under the revised pay structure on ACP upgradation?”. Will it be in the promotional hierarchy as per ACPS of 09.08.1999 or in the hierarchy of grade pay/pay band as per MACPS of 19.05.2009? Answer yourself.

According to my understanding as that of anybody’s who has fair understanding of the language, the grade pay on grant of ACP upgradation shall be in accordance with the promotional hierarchy (as per ACPS of 09.08.1999). Does any one differ from this?

Then you may ask another question – “What is the relevance of Option (b) ?”. The Option (b) will be relevant in cases where the benefit of pay fixation in the old pay structure (difference between the pay drawn in the current post and the minimum of the scale of promotional post being sizable) is significantly higher than the (3%) fixation under new pay structure. The grade pay granted under both the options will necessarily be in accordance with the promotional hierarchy (as per ACPS of 09.08.1999).

svsankar
26-01-2010, 04:24 PM
Dear Friend
I would just like to add an example for the last para of Mr Venkatam. If a person is having pay of Rs.7900/- in the pre revised pay of Rs.6500/10500 as on 01-01-2006 gets his 2nd ACP on 01-8-2006 to 8000/13500(promotional post). Increment is on February. His pay fixed in pre-revised scale was
01-01-2006 - 7900
01-2-2006 - 8100 - normal increment
01-8-2006 - 8550 - Pay fixed in 8000-13500
His pay fixation under VI CPC if he opts for 01-01-2006 will be as under.
01-01-2006 - 14700 + 4600 - fixed in VI CPC
01-7-2006 - 15280 +4600 - First increment
01-8-2006 - 15880 + 5400 - Promotional fixation.
In case he opts for fixation on 01-8-06 his pay will be
01-8-2006 - 15910 + 5400
Clause 6.1(b) is for this purpose. All matters pertaining to macp shall have its effect from 01-9-2008 only. All that has happened before 01-9-2008 shall be covered by the erstwhile orders that is the CCS(RP) Rules, 2008 and the clarification thereof. That is in case of acp before 01-9-2008 macp orders will not be applicable but the clarification 2 given in DOPT OM dated:13-9-2008 is to be made applicable.
Only thing is that the acp granted will be taken into account for calculating your 3rd macp thats all. All other assumptions made by your accounts personnel or office is not in the interest of service and will defeat the very purpose of the government orders.
If there is a confusion it has to be clarified first not negatively implicated. Write to DOPT through proper channel for clarification or file a court case immediately. Pay once fixed on clear cut orders cannot be revised at any point of time.
regards,
svsankar.

aneesh
30-01-2010, 10:09 PM
Dear Friend
I would just like to add an example for the last para of Mr Venkatam. If a person is having pay of Rs.7900/- in the pre revised pay of Rs.6500/10500 as on 01-01-2006 gets his 2nd ACP on 01-8-2006 to 8000/13500(promotional post). Increment is on February. His pay fixed in pre-revised scale was
01-01-2006 - 7900
01-2-2006 - 8100 - normal increment
01-8-2006 - 8550 - Pay fixed in 8000-13500
His pay fixation under VI CPC if he opts for 01-01-2006 will be as under.
01-01-2006 - 14700 + 4600 - fixed in VI CPC
01-7-2006 - 15280 +4600 - First increment
01-8-2006 - 15880 + 5400 - Promotional fixation.
In case he opts for fixation on 01-8-06 his pay will be
01-8-2006 - 15910 + 5400
Clause 6.1(b) is for this purpose. All matters pertaining to macp shall have its effect from 01-9-2008 only. All that has happened before 01-9-2008 shall be covered by the erstwhile orders that is the CCS(RP) Rules, 2008 and the clarification thereof. That is in case of acp before 01-9-2008 macp orders will not be applicable but the clarification 2 given in DOPT OM dated:13-9-2008 is to be made applicable.
Only thing is that the acp granted will be taken into account for calculating your 3rd macp thats all. All other assumptions made by your accounts personnel or office is not in the interest of service and will defeat the very purpose of the government orders.
If there is a confusion it has to be clarified first not negatively implicated. Write to DOPT through proper channel for clarification or file a court case immediately. Pay once fixed on clear cut orders cannot be revised at any point of time.
regards,
svsankar.

Dear Sir

In the above case what has been done in our office is as detailed below

In case option is given for fixation of pay wef 1.8.2006 the fixation shown by you is correct but he has to surrender the arrears drawn in the revised pay structure upto the date of ACP i.e, he will be drawing his pay in the old pay scale only V CPC upto 1.8.2006. Other members may please discuss this issue what action has been taken in their offices in such cases.

raju_lp1970
16-04-2010, 07:11 PM
Dear Friend,

DAE makes no difference. Protection under Note 10 below Rule 7 of CCS (RP) Rules, 2008 is available to you, which may be invoked for redress.

Dear Mr.TVenkatam & Mr. Svsankar,
With reference to my problem of pay fixation, here I am adding some more information. My Post before 1/8/2005 was Scientific Officer/SB and after 1/8/05 i.e. after promotion it is Scientific Officer/C. Whereas post of my friend before 1/8/2006 was Scientific Assistant/D and after promotion it is Scientific Officer/C. Pay scale of SO/SB & SA/D post are same i.e. 7450-225-11500(old). but because the names of these posts are different our admin people are not ready to use the rule-7 note-10 for upgradation of pay. Is it justified?