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sundarinagaraja
16-10-2008, 12:07 PM
I have joined on 15.02.2006 and total emoluments ( Basic Pay + D.P. + D.A.) drawn by me on that date was Rs.12090/- (Rs.6500 + 3250+2340). While implementing the Sixth Pay Commission recommendations, my pay in the revised pay band is fixed as Rs.9300/- which is less by Rs.2790/- than the pre revised emoluments.


In the second para of Rule 8 of CCS (Revised Pay) Rules 2008, it is given that “ where the emoluments in the pre-revised pay scale(s) (i.e Basic Pay in the pre-revised pay scale(s) plus Dearness Pay plus Dearness Allowance applicable on the date of joining) exceeds the sum of the pay fixed in the revised pay structure and the applicable dearness allowance there on, the difference shall be allowed as personal pay to be absorbed in future increments in pay”

As per the sub para (7) of Rule 3 “Definitions” of CCS (RP) Rules 2008, “revised pay structure in relation to any post specified in column 2 of First schedule means the pay band and grade pay specified against that post or the pay scale specified against that post or the pay scale specified in column 5 & 6 there of, unless a different revised pay band and grade pay or pay scale is notified separately for that post”

As per the sub para (5) of Rule 3 “Definitions” of CCS (RP) Rules 2008, “ Pay in the pay band means pay drawn in the running pay bands specified in column 5 of the first schedule” It does not say that pay in the pay band means pay drawn in the prescribed pay band plus applicable grade pay. “ Pay band “ is a part of revised pay structure and the pay in the pay band is specified in column 5 of first schedule.

As per the sub para (8) of Rule 3 “Definitions” of CCS (RP) Rules 2008, “ basic pay in the revised pay structure means the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay etc.”
In Rule 8 of CCS (RP) Rules 2008, it is mentioned as “the pay fixed in the revised pay structure “ and not as “basic pay fixed in the revised pay structure”. Pay fixed in the revised pay structure automatically means pay in the pay band.

In my case, pay in revised pay structure or pay in the pay band is Rs. 9300/- and basic pay in the revised pay structure means Rs 9300/-+ Rs 4200 Grade Pay i.e Rs 13500. In rule 8 emoluments in the pre-revised pay scale is compared with only pay in revised pay structure and not with basic pay in revised pay structure. Hence my pre-revised emoluments of Rs. 12090 (Rs. 6500/- (Basic Pay)+ Rs. 3250/- (Dear Pay) + Rs. 2340 (Dearness Allowance)) should be compared with the pay in revised pay structure or pay band Rs. 9300/- and not with basic pay in revised pay structure / pay band which is Rs 13500/- (Rs. 9300 + 4200) as there was 0 % DA in Feb 2006 i.e date of my joining as per revised pay structure.

Hence, my pay may be fixed as Rs. 12090/- in February 2006 instead of Rs. 9300/- and the difference amount of Rs. 2790 may be allowed as personal pay to be absorbed in future increments in pay.

Also, it may be noted that the second para in rule 8 of CCS (RP) 2008 seems to be inserted for a specific purpose for those recruited between 1.1.2006 and the date of issue of notification. If it is to be fixed as per Section II of Part A of first Schedule of the Rules without any exemption, the second para in the rule need not have been inserted. It seems (is clear) the second para is inserted only to overcome the parities expected for those who are recruited after 1.1.2006 and before date of notification.

In nut shell

(i) Emoluments drawn in Pre-revised pay scale as on 15.02.2006 = Rs. 12090
(ii) Pay fixed as per the CCS(RP) Rules 2008 w.e.f 15.02.2006 = Rs. 9300
(iii) Difference between (i) and (ii) = (-) 2790

The above difference should be allowed as personal pay w.e.f 15.02.2006.

Kindly guide me in this regard.

sabarinathan
17-10-2008, 08:00 AM
Which Department are you working in and whats your designation?

sundarinagaraja
17-10-2008, 02:13 PM
I am working in Central Excise Department as Inspector of Central Excise

sabarinathan
17-10-2008, 03:08 PM
Welcome to 5000 grade after getting selected for the post of 6500 grade. i am working as Scientific Assistant in NIC. you lost more than a lakh in arrears for just joining late by 46 days.

sundarar
23-10-2008, 06:10 AM
I have joined on 15.02.2006 and total emoluments ( Basic Pay + D.P. + D.A.) drawn by me on that date was Rs.12090/- (Rs.6500 + 3250+2340). While implementing the Sixth Pay Commission recommendations, my pay in the revised pay band is fixed as Rs.9300/- which is less by Rs.2790/- than the pre revised emoluments.


In nut shell

(i) Emoluments drawn in Pre-revised pay scale as on 15.02.2006 = Rs. 12090
(ii) Pay fixed as per the CCS(RP) Rules 2008 w.e.f 15.02.2006 = Rs. 9300
(iii) Difference between (i) and (ii) = (-) 2790

The above difference should be allowed as personal pay w.e.f 15.02.2006.

Kindly guide me in this regard.



The Grade Pay factor applicable for this Pre-revised pay scale of S-12 has not been taken into account. For a Grade Pay of Rs.4200/-, the corresponding Pay of Pay Band (PB-2) is Rs.9300/- in respect of Direct Recruits who join on or after 1.1.2006, as per the Gazette Notification First Schedule Part-A Section-II(Notification dated 29.8.2008. The Revised Basic is therefore 9300+4200 = 13500, which is 3750 more than the pre-revised basic + DP. DA being a variable factor, and if we take at the prevailing rate of 16%,the total emoluments will be getting increased over a period subsequent to initial pay fixation in the revised pay structure on appointment by way of annual increment as well as DA rise in every six months.

However, if we look at the fitment table, if a person is drawing pre-revised basic of Rs.6500 prior to 1.1.2006 in the S-12 scale, he will be getting pay in the payband by multiplying factor of 1.86= Rs.12,090 and with GP Rs.4200, his revised basic pay will be Rs.16,090 as against 13500 in your case. In case, your junior is getting higher emoluments than yourself by any chance, you may seek removal of such anomaly suitably.

I may be corrected, if otherwise. Best Rgds.

sabarinathan
01-01-2009, 12:21 PM
There is no change in the responsibility, recruitment rules, qualification etc and offered the same post and designation and grade on appointment. But because someone joined before jan 2006 he will get 12090 + 4200 and only because one joined after jan 2006 in the same post will get 9300 + 4200.

Thank you very much 6pc you had successfully voilated none other than the very essence of the Indian constitutional Right to Equality.

sabarinathan
01-01-2009, 12:33 PM
Thank you very much 6pc you had successfully voilated none other than the very essence of the Indian constitutional Right to Equality.

"Right to Equality
Art. 14 Equality before Law.- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Equality before law and equal protection of law.
Violation of principle of equality envisaged under Arts. 14 and 16 amounts to violation of basic structure of Constitution – Indra Sawhaney v. Union of India AIR 2000 SC 498.

Equality before law a positive concept and cannot be enforced in a negative way – Gurusharan Singh v. New Delhi Municipal Committee (1996)2 SCC 459 : AIR 1996 SC 1175.

Equality clause cannot be enforced to perpetuate an illegality or irregularity. Thus, if an illegality or irregularity has been done in favour of a certain individual, others cannot invoke the jurisdiction of court to urge that the State or authority has committed the illegality or irregularity – AIR 1996 SC 1175 : (1996)7 SCC 426 : (1996)2 SCC 459.

Wide power conferred on statutory authority must be exercised reasonably in furtherance of public policy, for public good and public cause – Consumer Action Group v. State of T.N. (2000)7 SCC 425.
Equal pay for equal work.
Equal pay for equal work theory does not just depend upon either nature of work or volume of work. Evaluation of duties, responsibilities o respective posts are also factors. – AIR 1989 SC 19.

All things are equal. Persons hold identical posts and perform identical or similar duties under the same employer. No different treatment as regards pay is permissible in view of Art. 39(d) read with Art. 16 and 14 – AIR 1989 SC 1256 : AIR 1989 SC 1308.

Doctrine of “equal pay for equal work” is not applicable where qualification, duties and responsibility for the post are different. Equality must be among equals, unequals cannot claim equality. Despite similarity in duties and functions equality cannot be claimed if prescribed qualification and measure of responsibility are different- AIR 1989 SC 1256: AIR 1989 SC 1308.

Equal pay for equal work does not come within Art. 14 as an abstract doctrine. If the classification of pay scale is unreasonable or unequal pay is based on no classification Art. 14 will be attracted. If unequal pay is discriminatory court will direct equal pay – AIR 1990 SC 334.

In considering the principle of equal pay for equal work similarly by mathematics is not needed. There must be a reasonable similarity in the nature of work, performance of duties, the qualification and the quality of work performed by them – AIR 1991 SC 1173.

Equal pay for equal work though not declared as a fundamental right but has assumed the status of fundamental right – AIR 1991 SC 1173.
Equation of posts and determination of pay scale is the function of executive. Even then remedy is available in court if the employee is unjustly treated by arbitrary state action or inaction. Pay scale must be commensurate with the task to be performed. Sub-Registrars cannot be placed at par with Munsiffs – AIR 1992 SC 1
"

jitendraacr
01-01-2009, 07:49 PM
Dear friend
Don't be aggrieved ar disheartened though reasons are geniune. As I know MoF is considering some thing to remove this anomaly and result will come soon. They are considering to revise the formula for pay fixation w.e.f.1/1/06 to give extra benefit to all exisiting employees. Hope for the best.
Jitendra

narayanan
01-01-2009, 09:23 PM
Dear Friends,

There is a proposal for upgrading the post of Inspectors of Central Excise from Rs,4200/- to Rs.4600/-. In that case, the pay fixed for the direct recruitment after 1.1.2006 shall be Rs.12540/- as per the notification alongwith a grade pay of Rs.4600/- which will reduce the negative impact on the new recruits. However, it is always welcome for a new formula which will give justice to all existing employees.

With regards,

Narayanan

sabarinathan
02-01-2009, 07:08 AM
Is government considering only the grievance of Inspectors of CE or for other departments where people got affected especially in S&T organisations also please clarify is it for real or it is also a rumour.

badri mannargudi
02-01-2009, 09:53 AM
Is government considering only the grievance of Inspectors of CE or for other departments where people got affected especially in S&T organisations also please clarify is it for real or it is also a rumour.

Dear friends,
Shri Sabarinathan may rest assured that it is not a rumour that in all cases where the lower 5000 and 5500 Pre rev scales even after merger, if continues tobe the feeder cadre for promotion to the post of the pre rev scale of 6500, then in all such cases, the department concerned shall take steps to upgrade pre rev scale 6500 to pre rev scale 7450 for the limited purpose of Pay Fixation under the CCS(Revised Pay)Rules 2008. Consequently their (pre rev scale 6500) Grade Pay would become 4600 and Basic Pay would be taken to 12540 instead of 9300.
So the only pre requisite is that his Organisation/Institution/department shoulld continue to have a feeder cadre. For example in Central Excise and Customs Department, Senior Tax Assistant's cadre (pre rev)5500 is still maintained. Hence, the Inspectors (Direct Recruits, after 1.1.2006) can certainly await the day when their Grade pay is fixed at 4600and Basic pay at 12640.
With regards,
Badri

jitendraacr
02-01-2009, 04:06 PM
Dear friend
what Shri naraynan is mentioned, is a separate issue which is being taken by the CBDT with Mof, if I am correct. Similar upgradation is to be taken by the respective deprtment itself and govt is not going to take any step on this issue. This is the duty of respective departments to take up the issue with MoF.
As regards proposal under consideration with MoF, it is to revise the basic formula of multiplication of 1.86 to existing pay on 1/1/06. It may now be 2.06 multiplied by basic on 1/1/06. It will be applicable to all with a view to equalize the pay in each grade with direct recruits after 1/1/06. This anomaly is ought to be removed by this revision.

sabarinathan
19-01-2009, 11:46 PM
Then we are the unlucky lot we are the lowest grade in our organization and we were merged with a much lower grade and paid less only for we joined after 01-01-2006 if this is the case i would not have applied for this post. Group-B services pay fixation is now a matter of lucky draw. if you got the lucky number you will get either pre revised 7450 or some times 7500 and if lost you will be merged with 5000 grade. Recruitments rules/ service classification as group c/ group b / group b gazatted doesn't matter the only this we can be happy about is we are not merged with pb1 or pb1-1 scale. at least thats the happy thing. we got be in gorup a before next pay commission otherwise we will be merged with class4.

badri mannargudi
20-01-2009, 12:34 AM
Then we are the unlucky lot we are the lowest grade in our organization and we were merged with a much lower grade and paid less only for we joined after 01-01-2006 if this is the case i would not have applied for this post. Group-B services pay fixation is now a matter of lucky draw. if you got the lucky number you will get either pre revised 7450 or some times 7500 and if lost you will be merged with 5000 grade. Recruitments rules/ service classification as group c/ group b / group b gazatted doesn't matter the only this we can be happy about is we are not merged with pb1 or pb1-1 scale. at least thats the happy thing. we got be in gorup a before next pay commission otherwise we will be merged with class4.

Dear shri Sabarinathan,
As I told you earlier (on 02.01.2009) in the instant thread, you stand to win pre rev scale of 7450 sooner than later, unless your department proposes to do away with any feeder cadre (belonging to any of those two pre rev scales of 5000 and 5500).
Do not lose heart dear. Have faith in God and do prayers and at the same time, concentrate on your present work and earn a good name and fame. Your Hardwork will never letdown you.
With regards,
Badri

subrata
14-05-2009, 12:59 PM
the same problem occurs in autonomous institute under DST. the new employees are suffering such financial problem. please solve this anomaly