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SHARONS
28-12-2008, 07:00 PM
A dispute has arised as to who will draw the pay arrear of a person who spent few months in a borrowing department , which is not the part of the lending ministry . One of the contention is that since the budget grant and head are different, the respective department has to pay the arrear. Further, the pay fixation is to be done by the respective borrowing department (since the departments are different) with due entry in Service Book and attestation regarding pay fixation.

Can some one help us to find out the rule position, pl ?

jitendraacr
28-12-2008, 08:23 PM
Dear friend
As I know, simple funda on this situation is that if both the lending and borrowing deptts are drawing salary from consolidated fund of India, borrowing deptt will make only due drawn statement and send it to lending deptt which will draw arrear. However if borrowing department is not drawing salary from consolidated fund od india, it will paid arrear in form of cheque/dd payable to official itself through lending department. In this case lending deptt has limited role.
Jitendra

SHARONS
30-12-2008, 08:56 AM
Dear friend
As I know, simple funda on this situation is that if both the lending and borrowing deptts are drawing salary from consolidated fund of India, borrowing deptt will make only due drawn statement and send it to lending deptt which will draw arrear. However if borrowing department is not drawing salary from consolidated fund od india, it will paid arrear in form of cheque/dd payable to official itself through lending department. In this case lending deptt has limited role.
Jitendra

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Sir,

Thank you for the reply. I think I need to clarify the situation. Mr.X was on deputation to Dept. of Agriculture for a period of 3 months starting from April 2008. He returned to the parent department , ie. Deptt. of MSME in the month of July 2008. His post in Agri. deptt. carried a higher pay. Subsequent to the implementation of 6PC, the pay of the individual for the period APRIL-JULY is to be fixed as per the rules by the borrowing deptt, ie. Agriculture. Should they not draw the arrear too , as the ministry and Salary Heads/ Grant are different. If they do not want to draw the arrear, Under Receipt and payment Rule-83, the Ministry of Agriculture is under liability to accept the debit for inter departmental adjustments to facilitate the MSME to draw the arrear. Hope the situation is clear to you now. Can you guide me further ?

THANKS A LOT.

jitendraacr
01-01-2009, 08:00 PM
Dear friend
your interpretation is quite clear on the issue but where is the problem. If borrowing department is not taking steps, representation to higher authorities may be sent through proper channel. There should not be any ambiguity in interpretation of rules and authorities as tghey are amply clear.
with regards
Jitendra

neon007
11-01-2009, 03:03 PM
I am on deputation on 4500-7000 scale and joined there on oct,2006. My pay in the new office has been fixed as per my joining date as deputation . I have got 40% arrear in my current office. But they have rejected my appeal to give arrear from Jan, 2006 to Sept, 2006 , as they argued that I can not get two time fixation. Is the reasons is wrong or if there is anything otherwise, please clarify.

badri mannargudi
11-01-2009, 05:58 PM
I am on deputation on 4500-7000 scale and joined there on oct,2006. My pay in the new office has been fixed as per my joining date as deputation . I have got 40% arrear in my current office. But they have rejected my appeal to give arrear from Jan, 2006 to Sept, 2006 , as they argued that I can not get two time fixation. Is the reasons is wrong or if there is anything otherwise, please clarify.

Dear Neonjee,

If for any reason you had opted to draw under New pay only from the date on which your Deputation commenced, your present department's stand may be correct. Otherwise, the deprtment is wrong as can be explained hereinunder;-
Had you continued in your previous post, they would have fixed your pay on 01.01.2006, with reference to your pay as on 31.12.2005 (rather as on 01.01.2006). The mere fact that you had gone on Deputation to another Department/Organization can not lead to the present Department's stand that you are not entitled to pay fixation/ pay arrears from 01.01.2006. ( it is automatic and your original emploer-department should have fixed your pay as on 01.01.2006 and communicated the particulars.
Even if your present Department/Organisation thinks twice on the Budgetary Allocations and allied matters, then your original department/organisation has the responsibility to ensure that your pay is fixed in accordance with the said Pay Rules.
To conclude, there may be a question as to who would pay, but, certainly there can not be any question on the entitilement.
Having said that, you may note that once you come under CCS(Revised Pay Rules) 2008 with effect from 01.01.2006, the Pay on Deputation that commenced only from October 2006 could not start at pre rev scale of 4500, but the the would depend upon the terms of deputation.
To startwith, you may file an Application through Proper Channel, to your original department/Organisation (Cadre Controlling Authority) for fixing your pay from 01.01.2006. By the way, I am wondered at what would have prevented you from acting (if you have not acted upon earlier) earlier!
With regards'
Badri

neon007
12-01-2009, 03:36 PM
Thanx for your kind reply Mr. Badri. But my question is that whether I will apply for arrear amount from jan'06 to oct'06 to my parent department at present or otherwise I will appeal for the arrear when I will back to parent department after completion of deputation.

SHARONS
13-01-2009, 08:27 AM
Thanx for your kind reply Mr. Badri. But my question is that whether I will apply for arrear amount from jan'06 to oct'06 to my parent department at present or otherwise I will appeal for the arrear when I will back to parent department after completion of deputation.

The issue is clear. You need to get your pay fixed and arrear drawn/ paid by the lending deptt. for the period Jan-06 to Oct-06. This should be done NOW and right NOW. If the ministries , ie the budget grants are same, any one of the DDO can pay the arrear without difficulty. Otherwise, the easy way out is, let the concerned departments pay the arrears for the respective periods. But all should be done now.

neon007
13-01-2009, 02:09 PM
Thanx for your kind reply. But if there is any problem, if I appeal for the arrear when I will back to my parent department.

badri mannargudi
14-01-2009, 11:22 PM
Thanx for your kind reply. But if there is any problem, if I appeal for the arrear when I will back to my parent department.

Dear friends!
An old saying, " Don't postpone for tomorrow what you can do today."
Going by this dictum, I request our friend to put in an Application to the parent department, through proper channel ( i.e the present department/organisation), for after all, it is the parent department in which the querist had been working during the period for which the arrears of pay is start.
Can there be a second opinion on the basic fact that the Parent Department shall owe an explanation to the querist as to what stands between the arrears for the relevant period and the querist if and when such an Application/petition is filed with the parent department (through proper channel)?
With regards,
Badri

neon007
27-01-2009, 01:46 PM
Many many thanx for your kind reply. But I need one more advise from your end. When I will apply for the arrear amount the original copy to my parent organisation , is there any need to post an advance copy to my parent department? Is there any type of hindrance from my current department i.e. the organisation in which I am currently working as deputation.
Reply briefly.

badri mannargudi
27-01-2009, 06:59 PM
Many many thanx for your kind reply. But I need one more advise from your end. When I will apply for the arrear amount the original copy to my parent organisation , is there any need to post an advance copy to my parent department? Is there any type of hindrance from my current department i.e. the organisation in which I am currently working as deputation.
Reply briefly.
Dear querist,
There is nothing wrong in putting an application through proper channel, without wasting further time in seeking advice.
In some cases, sending Advanced Copy (sending a copy to the addressee direct, for the sake of information) is not tolerated. For example, in our department, the present Chief Commissioner does not appreciate such "smart work" and the individuals concerned were called upon to explain as to why such Advanced Copy was sent.
Hence my advice is, at the first instance you need not send such 'Advanced copy". If you do not get any response, say, within a month from the date of the original representation, a gentle reminder can be sent through proper channel. This time, an Advanced copy of the reminder together with a photo copy of the original Application may be sent.
But, my dear friend, why did you wait for 12 days to raise a simple query? If you are in doubt, you are free to approach your own friend, philosoper or guide (if you have one).
With regards,
Badri.

neon007
28-01-2009, 10:50 AM
Many many thanx again for ur valuable information. Now I am clear in mind to send the application. Waiting for your further help.