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L.D.YADAV
08-05-2012, 03:54 PM
Sir/Madam,
Please provide information about fixation of the basic pay and Date of Next increment in revised pay structure as per following details.

Date of joining in Central Govt. 16.12.2004 through direct recruitment test basis
Basic Pay fixed as on 1.1.2006 in 6th CPC is 12470 + GP 4800 with DNI 01.07.2006
Stepped up the basic pay on 07.01.2006 as 13350 + GP 4800 with DNI 01.07.2007 w.r.t junior who joins on 07.01.2006 and the pay fixed as 13350 + GP 4800 with DNI 01.07.2007.
I am not promoted or on deputation or upgraded after 1.1.2006 rather my basic pay is stepped up because of junior who joins on 07.01.2006 getting more pay than me.I am already in revised pay structure on 01.01.2006 and my month of increment in old pay was on 16th December every year

Now the question is What should be the Date of Next increment after stepping up the Basic Pay on 07.01.2006 (a) 01.07.2006 as myself completing six months in revised pay structure or (b) 01.07.2007 as in case of junior

Victor
08-05-2012, 08:30 PM
Sir/Madam,
Please provide information about fixation of the basic pay and Date of Next increment in revised pay structure as per following details.

Date of joining in Central Govt. 16.12.2004 through direct recruitment test
Basic Pay fixed as on 1.1.2006 in 6th CPC is 12470 + GP 4800 with DNI 01.07.2006
Stepped up the basic pay on 07.01.2006 as 13350 + GP 4800 with DNI 01.07.2007 w.r.t junior who joins on 07.01.2006 and the pay fixed as 13350 + GP 4800 with DNI 01.07.2007.

Now the question is What should be the Date of Next increment after stepping up the Basic Pay on 07.01.2006 (a) 01.07.2006 as myself completing six months in revised pay structure or (b) 01.07.2007 as in case of junior

Kindly refer to Rule 10 of CCS(RP) Rules 2008 read with Clarification Nos 1&2 of OM dated 13/09/2008 (http://finmin.nic.in/6cpc/fno112008dt130908.pdf).

The spirit or the essence behind the above references is that the increment due on 1st July of any year will be admisible only if the pay in the pay band does not change during the period 1st Jan to 30th June of that particular year.

In your case your pay in the pay band changes (on 7/1/2006) and hence your DNI will be 1/7/2007.

Victor

L.D.YADAV
09-05-2012, 01:36 PM
thanks for reply
the referred circular is about the persons who are either promoted after 01.01.2006 or were on deputation or getting ACP consequently their basic is changing after 01.01.2006 and they are not illegible for increment on 01.07.2006 but whereas myself is concerns my basic pay has already been fixed on 01.01.1006 in revised pay structure. since an employee joins in the same cadre on 07.01.2006 and basic fixed as 13350 + GP 4800 which is higher than me and I am senior to him so it stepped up with effect from 07.01.2006.
so the DNI falls on 01.07.2006. Is it true please find solution or the circular in this regard.

Victor
09-05-2012, 09:27 PM
thanks for reply
the referred circular is about the persons who are either promoted after 01.01.2006 or were on deputation or getting ACP consequently their basic is changing after 01.01.2006 and they are not illegible for increment on 01.07.2006 but whereas myself is concerns my basic pay has already been fixed on 01.01.1006 in revised pay structure. since an employee joins in the same cadre on 07.01.2006 and basic fixed as 13350 + GP 4800 which is higher than me and I am senior to him so it stepped up with effect from 07.01.2006.
so the DNI falls on 01.07.2006. Is it true please find solution or the circular in this regard.

You are going by the letter and not the spirit behind the rules/orders referred to by me.

Take a hypothetical case where you are in the revised pay structure w.e.f. 1.1.2006 and is promoted to the next higher grade w.e.f. 7.1.2006. Then going by your logic you would be entitled to pay fixation (i.e. higher pay in the pay band plus higher grade pay) w.e.f. 7.1.2006 and you would also be entitled to annual increment on 1.7.2006 since you are in the revised pay structure for the minimum six months required. But this is not so.

Kindly note that the spirit or the essence behind the rules have to be clearly understood for a proper interpretation of the rules in question.

Also note that the provisions of FR&SR still holds good to the extent that they are not inconsistent with the CCS(RP) Rules 2008. You would recall that before 6CPC if there was a case of stepping up, then the DNI under FR&SR would be 12 months from the date of such stepping up of pay. So you also have to keep FR&SR in mind while examining such cases.

Victor