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pkkanwal
12-12-2008, 03:03 PM
one of my friends has the following problem:

My basic as on 01-01-2006 was 5600/in the scale 5000-8000-and my incriment is in july .i got a promotion to 5500-9000 scale in april 2006 and given option to take effect from july,2006 and fixed my basic 5850/- and in jan,2007 i was reverted to 4590(maximum pay) in the scale 3050-4590 and transfered since i had applied for inter railway request transfer on bottom seniority on initial grade of appointment.My doubt is that my basic as on 01-01-2006 will be protected or not.if then what wii be my basic now?

sudacgwb
12-12-2008, 10:07 PM
When you have opted for reversion how the earlier pay can be protected? However new figures will take the computation and you cannot avoid reduction in the salary on seeking reversion; unless of course the two scales are merged after 6 cpc. More about it with more facts of the case including:

What is the equivalent of these scales now (pb and grade pay)
weather the two scales have been merged?

ss

jitendraacr
16-12-2008, 03:28 PM
Dear Shri Kanwal
Protection of pay in your case is not possible since you yourself has opted to go in lower scale(Though it is not permissible). How did you get a lower scale. Is it a result of major penalty imposed on you. In any case, your pay will not be protected.

narayanan
17-12-2008, 01:57 PM
Dear Friends,

On the basis of the available details, I would like to express my views on the question raised by Shri pkkanwal.

Since I was also experienced a reversion to the scale 3050-4590 consequent my inter-railway transfer (my earlier deptt). During that time there was a provision for protecting the pay drawn prior to such transfer. The balance pay was given in the form personal pay and in total there will any loss of pay.

In the present case also, I find that the same criteria can apply.

The pay prior to the transfer is required to be fixed first i.e. Jan 2007
I think as per the 6CPC pay, the pay as on 1.1.2007 would be 10860 with GP 4200 (total 15060).

The new post is in the pay band of 5200-20200 with GP 1900
When he transfered to a lower post his pay (i.e. Rs.15060)is required to be protected.

Therefore, Rs.15060 is to distributed as pay and grade in the new structure.

Accordingly, his new pay will be Rs.13160 with GP 1900 in the reverted post.

We may wait for others' comments on the issue.

wITH REGARDS


NARAYANAN.

sudacgwb
17-12-2008, 07:57 PM
Dear Narayanji,

The scenario quoted by you is very important piece of information. As the reversion was NOT A PUNISHMENT, the protection is effected by way of special pay personal to him and will be going on decreasing whenever there is a rise in salary until that personal pay is set-off.

I am afraid that may not be applicable if there is a NET GAIN with the revision of pay.

ss

narayanan
19-12-2008, 10:13 PM
Dear Sudaji,

In my case, the inter-railway transfer was occured in 1997 during the previous pay structure. At that time my pay was Rs.4000 in 4000-6000 and the same was protected in the scale of Rs.3050-4590 by fixing at Rs.3950/- with Rs.50(pp). The PP Rs.50/- was subsequently absorbed in the next increment.

But in the new pay structure, stages are available at multiples of Rs.10/-. Since the present pay band is large and can include the protected pay, there is no requirement of keeping the balance amount in the form of persnal pay. I think there won't be any difficulty.

My views on the fixation in the new scale are based on my reasoning and not based any rules. I know there is an order in this regard (in 1993 ?)issued by the Railway Board. I do not know whether the Railway Board has issued any memorandum recently.

With regards,

Narayanan.

narayanan
24-10-2009, 11:25 AM
Dear friends,

DOPT has come out with a new OM vide F.No. 13/9/2009-Estt(Pay-I) on 21.10.2009 on the similar issue. The person who will be transfered to a lower post on request, his grade will not be protected. A link to the memorandum placed below:

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/13_9_2009-Estt%20(Pay-1).pdf

NB: It won't be applicable for employees of railways.

With regards,

Narayanan

jitendraacr
28-10-2009, 10:18 PM
I think the MoF clarification has endorsed my earlier views.
Jitendra

badri mannargudi
29-10-2009, 12:37 PM
Dear friends,

DOPT has come out with a new OM vide F.No. 13/9/2009-Estt(Pay-I) on 21.10.2009 on the similar issue. The person who will be transfered to a lower post on request, his grade will not be protected. A link to the memorandum placed below:

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/13_9_2009-Estt%20(Pay-1).pdf

NB: It won't be applicable for employees of railways.

With regards,

Narayanan

I request my learned friend to give his views on para No.3 of the OM under study, which is reproduced herein below;-
"3. Where transfer to a lower post is made subject to certain terms and conditions then the pay may be fixed according to such terms and conditions."

My view is, not withstanding anything contained in the paras (1) and (2) of the OM, a department may choose to allow the difference in the Grade pay as Personal Grade pay. All that is required is that the conditions terms of transfer to the lower post should specify so. Otherwise, there may not be any need for the said para (3).
With regards,
Badri

maheshkumar
29-10-2009, 02:16 PM
Dear friends,

DOPT has come out with a new OM vide F.No. 13/9/2009-Estt(Pay-I) on 21.10.2009 on the similar issue. The person who will be transfered to a lower post on request, his grade will not be protected. A link to the memorandum placed below:

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/13_9_2009-Estt%20(Pay-1).pdf

NB: It won't be applicable for employees of railways.

With regards,

Narayanan

As you said, in the above OM vide F.No. 13/9/2009-Estt(Pay-I) on 21.10.2009,that it is not applicable to railway employees.but i didnot find any reference like exception to rly employees.
would you kindly clarify
with regards,
mahesh

narayanan
30-10-2009, 08:33 AM
Dear friends,

In my view, the provision in para 3 will be applicable in respect of the cases other than the request transfers. In the cases involving transfers due to administrative grounds, disciplinary cases etc. seperate terms and conditions can be prescribed.

narayanan