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View Full Version : Violation of Fundamental Rule fixation of KM.Kabui needs urgent clarification.



krishnan09
06-04-2011, 08:24 PM
The invidual was UDC and was drawing Rs.4900/- in the scale of 4000-6000 (pre-revised) as on 1.1.2006. It is stated that consequent upon his promotion and joining duty on 2.1.2006 to the Post of Assistant in the pre-revised scale of 5500-9000, his pay was found fixed as 7450x1.86+4600 ie., in the minimum of the pre-revised 7450-11,500. So there are serious doubts about the fixation which are:


1. The individual would have received the promotion order prior to 1.1.2006 so it is a clear case of pre 2006.

2. While issuing the order , the concerned department would have issued an office order stating that the invidiual was promoted with effect from ....so and so date. ie., he should be given promotion from the date of the sitting of the DPC.

3. In this particular case, 31. 12. 2005 was Saturday, and 1.1.2006 was Sunday and the reported argument in this case appears to be wrong . The invidiual was joined duty on 2.1.2006 because the 1st January, 2006 was public holiday. The statement is irrelevant here, because the DPC must have taken place prior to 30.12.2005.

4. Even for the Class I posts also by promotion , the date of effect of promotion is given from date of DPC.
5. Whether the said invidiual is an employee of CSS or an employee of CPWD shillong or on deputation basis or joined after technical resignation.

6. In the event of his promotion to the Assistant post in the CSS cadre his pay would have been fixed in 5500-9000 with the minimum ie., 5500x1.86+4600. Whereas his pay was fixed 7450x1.86+4600 in the minimum of the scale of 7450-11,500.

7. Is there any order granting 7450-11,500 to the Assistants of CSS from 1.1.2006 as per CCS(R.P)Rules, 2008. As far as the information available, the CSS assistants were granted 6500-10,500 scale from 15.9.2006 by DOPT which was not accepted by the 6th cpc / government and also not accepted through the CCS(R.P)Rules, 2008.

8. But there is a para in the CSS(R.P)Rules, 2008 at page No.45, that the pay scales of 5000-8000, 5500-9000 and 6500-10,500 are merged and upgraded to 7450-11,500 with GP4600. Even then, the said invidiual is eligible only GP4600 alone because his promoted post was in the pre-revised 5500-9000 and the fixation cannot be done at the minimum of the pre-revised scle 7450-11,500. So his fixation would have been 5500x1.86+4600=14,830. Whereas his pay was fixed as 7450x1.86+4600= 18,460/-

9. I know there are many senior CG employees in the CSS and in the field offices who were holding a basic of 6025 in 5500-9000 scale as on 1.1.2006 were given fixation simply multiplying by 1.86 ie., 6025x1.86+4200/4600 and who were holding the basic pay of 6700 in 6500-10,500 scale also given fixation such as 6700x1.86+4200/4600.


So there must be debates in this particular fixation at various levels whether to make recovery from Mr.K.M.Kabui or to extend the same benefits of fixation 7450x1.86+4600 to all those who were drawing 5500-9000(pre-revised) based on the approval conveyed in the CCS(R.P)Rules 2008 under Part B Section I (ii). Since there is only one FR applicable to the Central Government employees in India with regard to the pay fixation, the correct decision is very much important and there must be a resolution to get out of the discrimination in applying FR.

sundarar
07-04-2011, 07:39 AM
So there must be debates in this particular fixation at various levels whether to make recovery from Mr.K.M.Kabui or to extend the same benefits of fixation 7450x1.86+4600 to all those who were drawing 5500-9000(pre-revised) based on the approval conveyed in the CCS(R.P)Rules 2008 under Part B Section I (ii). Since there is only one FR applicable to the Central Government employees in India with regard to the pay fixation, the correct decision is very much important and there must be a resolution to get out of the discrimination in applying FR.

Every pre-revised scale bottom has its own corresponding minimum pay in the pay band. There is no definition available for `What is a Pay Band'. In such a case, under Rule 13 of CCS (RP) Rules, wherever after adding one increment as fixation benefit on promotion, if the pay in the pay band happens to be less than the minimum of the pay band corresponding to the promoted post's pre-revised/upgraded/replaced scale bottom, stepping up to such minimum shall take place.

Under pre-revised structure, if two scales got merged or if a replacement scale is awarded, wherever the pay of the incumbent happens to be less than such a higher scale bottom, it was stepped up in the past. Granting only GP, but not ensuring applicable minimum of the pay in the pay band has actually created band based anomalies, which need to be addressed suitably. Since Mr. Kabui got promotion after 1.1.2006,
the pay of his seniors who were promoted prior to 1.1.2006 need to be stepped up on par with that of Mr. Kabui as on 2.1.2006. This will be in line with Note 10 under Rule 7 of CCS (RP) Rules, 2008.

Victor
07-04-2011, 10:07 AM
I agree with Shri Krishnan. The denial of the same pre-revised scale (7450-11500) to equaly placed employees is a violation of Fundamental Rights. The Kabui magic has led to a very anomolous situation whereby the position of the pre-revised scales as on 2nd Jan 2006 has led to a very lop sided hierarchy as under:

(a) Section Officers - Rs. 6500-10500
(b) Sr. Assistants promoted/appointed prior to 1.1.2006 - Rs. 5500-9000
(c) Shri GM Kabui, Junior most Assistant promoted on 2.1.2006 - Rs. 7450-11500
(d) All UDCs who were granted ACP during 1.1.2006 to 31.8.2008 - Rs. 7450-11500

The above applies equally to the Secretarial Cadre.

I agree that the benefit of stepping up of pay in the revised pay structure has been granted to Sr. Assistants who were promoted or joined as a direct recruit prior to 1.1.2006, on the basis of any Assistant being promoted during 1.1.2006 to 31.8.2008.

However, in the secretarial cadre there are some departments where there are NO cases of promotions (as PAs) during the golden period of 1.1.2006 to 31.8.2008 but there are cases where Stenographers who were granted ACP during this golden period have got their pay fixed at Rs. 13,860 based on the fitment table of 7450-11500. This has led to a very peculiar situation whereby the Stenographers who by a stroke of luck got ACP during the golden period of 1.1.2006 to 31.8.2008 have hit a jackpot, but their seniors viz. Stenographers who got ACP prior to 1.1.2006 and PAs who were promoted prior to 1.1.2006, were given fixation based on their pay in the pre-revised scale of Rs. 5500-9000. These two category of employees viz. senior Stenographers and PAs who got ACP/promoted prior to 1.1.2006 are now drawing very less pay compared to the junior most Stenogrpahers who got ACP during 1.1.2006 to 31.8.2008, whereas earlier during the 5CPC era, they were drawing much more than the junior Stenos in question.

The DOPT & MOF are yet to come out with a solution to the above problem. I invite all members of GConnect to give their views/suggestions to resolve the above problem. One solution could be stepping up of pay under Note 7 below Rule 7 of CCS(RP) Rules, 2008 which could be debated separately.

Victor

krishnan09
07-04-2011, 08:47 PM
kindly see the dopt letter from the given link so as to decide the crucial date of promotion.

http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02est/22011-1-2005-Estt(D).pdf

So, the debate on the issue of fixation of Kabui may be further opened as some of the friends expressed their innocence in css site about the crucial date of promotion

sundarar
07-04-2011, 10:56 PM
Crucial date for determining eligibility for promotion necessarily may not be the promotion date. In the instant case also, had Mr. Kabui got promotion after 2.1.2006, until and unless he retain his pre-revised scale, he would not have got his pay fixed at corresponding to upgraded/replaced higher scale minimum.

Keeping the case of Mr. Kabui aside for a while, why similarly situated promotees of post-2006 to a particular post (not necessarily it shall be only the Assistants), cannot have their pay fixed on promotion corresponding to bottom of the pre-revised scale, if at all their pay fixed happen to be less than that.

We should be in a position to justify fixation of minimum pay in the pay band corresponding to merged/upgraded/replaced higher pre-revised scale bottom or otherwise corresponding to Grade Pay determined for a particular post, even without any reference to Mr. Kabui's promotion. In that case, all cases including stepping up of pre-2006 promotees, ACP holders, etc. will have minimum pay in the pay band commensurating to the Grade Pay determined to a particular post.

The applicability of CCS(RP) Rules with specific reference to minimum pay in the pay band corresponding to Grade Pay determined to a particular post, will bring more clarity according to me. In brief, the gp as well as minimum of the pay in the pay band both shall correspond to bottom of the promoted post's pre-revised scale of pay (bottom of revised pay scale of the promoted post)

Ramnath
08-04-2011, 12:38 AM
If there is no separate element called Grade Pay, the situation of this kind would have been not in place. As everyone will be fixed in the revised pay scale.

See this also, those in Grade pay in any Department (existing people) are now drawing lesser pay than new recruits. This was not the case earlier.

Also, irrespective of there being junior, DR, etc., in any department, everyone should be given fixation in the min. of merged scale in 6500 x 1.86 as well as 7450 x 1.86 as applicable to the respective cases with respective Grade pays 4200 & 4600. How can initial fixation of a person already working in the post be dependant on someone who succeeds/joins the post later? If there is no promotee or DR during the relevant period? then.... It is ridiculous and not justified.

IT IS HIGHTIME FOR TAKING LEGAL COURSE OF ACTION TO GET THE BENEFIT DUE WHICH IS REFUSED.
Ramnath