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sainik
09-04-2009, 12:06 PM
Dear Sirs,

My old basic on 01-01-06 was Rs. 3275.00 in the scale of Rs. 3050-75-4500 (LDC) with date of increment as 1st march. I was promoted as Assistant (4000-100-6500 ) with effect from 01-07-2007 and published on 05-03-2009, and the pay was*fixed* at Rs. 6850 + Grade pay 2400 on 01-07-2007 with DNI on 01-07-2008. I would like to know the followings.

(a) Amt of annual increment i.e 3 % of sum of pay in the exixting pay band and grade pay (6340 + 1900 X 3%) = 250 - is it correct ? Whereas i have been gtd grade pay Rs.2400 while promotion with effect from 01-04-07 and opted to fix my pay on DNI i.e, 01-07-07.

(b) Amt of increment on account of promotion i.e 3 % of sum of pay in the exixting pay band and grade pay (6340 +1900 X 3%) = 260 - is it correct ? Whereas i have been gtd grade pay Rs.2400 while promotion with effect from 01-04-07 and opted to fix my pay on DNI i.e, 01-07-07.

(c) do I get HRA arrears according to my promotion for the period 1-4-07 to 30-09-2008 ?


Kindly do the needful and let me know the actuals benefits.

Thanks

with regards,
sainik.

tvenkatam
09-04-2009, 01:47 PM
Dear Mr. Sainik,

Your pay has been fixed correctly by your office.

Pay in the revised pay structure:
As on 31.03.2007 Band pay Rs. 6340 plus Grade pay Rs. 1900

As on 01.04.2007 Band pay Rs. 6340 plus Grade pay Rs. 2400
(on the date of promotion)

As on 01.07.2007 Band pay Rs. 6850 (6340+250+260) plus Grade pay Rs. 2400
(increment date opted for fixation on promotion)

Date of next increment 01.07.2008

HRA at the revised rates is payable only from 01.09.2008. Arrears, if any, accruing from 01.09.2008 may be claimed.

sharad72
10-04-2009, 01:00 PM
The way the increments are calculated As on 01.07.2007 Band pay Rs. 6850 (6340+250+260) is as per clarification issued vide letter dated 13.09.2008 as it says that both increments should on lower scale i.e. basic pay prior to the promotion. But FR22(I)a says that one increment in lower and one in higher is to be accorded if employee opts to fix his pay from the date of his next increment. This means that one increment will be calculated to Rs. 250/- ( i.e. 6340+1900=8240*0.03=247.2=250) and the second one should be in higher grade which means (Rs. 6340+250=Rs.6590+2400=Rs. 8990*0.03=Rs.270) Thus the pay after fixation would be Rs. 6860 ( in Payband) and Rs. 2400 GP. Hence, there is a net difference of Rs. 10/- in these two manner of fixations.

tvenkatam
10-04-2009, 07:06 PM
Dear Mr sharad,

The new regime of Pay band and Grade pay having come into existence, the question of promotion from one scale of pay with lower increment to another scale of pay with higher increment has lost relevance. The increment as defined under Rule 8 of CCS (RP) Rules, 2008 has assumed relevance and the clarification 2 of OM dated 13.09.2008 holds good in the case of post 2006 promotees for fixation of pay on promotion, since it is in confomity with Rule 13 of CCS (RP) Rules, 2008.

nps
12-04-2009, 11:08 PM
Sainik may consider choosing option date as 1-7-07 instead of 1-1-06. The Pay on 1-7-07 will be 4000x1.86=7440/-. There is loss of arrears from 1-1-06 to 30-6-07 but Sainik will gain in higher Pay & allowances for all time in future. If Sainik were to retire soon, a higher pension is guaranteed.

tvenkatam
13-04-2009, 08:23 AM
Sainik may consider choosing option date as 1-7-07 instead of 1-1-06. The Pay on 1-7-07 will be 4000x1.86=7440/-. There is loss of arrears from 1-1-06 to 30-6-07 but Sainik will gain in higher Pay & allowances for all time in future. If Sainik were to retire soon, a higher pension is guaranteed.

Dear nps,

The fixation suggested at post #2 above is on the assumption that Mr sainik opts for 01.07.07 for fixation of pay on promotion. In fact every person promoted between January and June (who would not complete 6 months as on 1st July of the year after being promoted), will necessarily have to opt for the fixation from the date of next increment i.e. on 1st July of the year.

As regards option for fixation of pay in the revised pay structure with effect from the date of promotion i.e. 01.07.07, there is no scope now for re-excercise of option.

sainik
13-04-2009, 05:12 PM
Dear sirs,

Thanks lot for replies. Now it seems that I wont get arrears of HRA from 01-07-07 to 01-09-2008 as the allowances are only with effect from 01-09-2008. may I get HRA arrears as per old pay scale for the above period (01-04-2007 to 30-08-2008) ?

with regards.

sainik
13-04-2009, 05:16 PM
Dear tvenkatam,

Thanking you for clearification.

sainik.

tvenkatam
13-04-2009, 08:44 PM
Dear sirs,

Thanks lot for replies. Now it seems that I wont get arrears of HRA from 01-07-07 to 01-09-2008 as the allowances are only with effect from 01-09-2008. may I get HRA arrears as per old pay scale for the above period (01-04-2007 to 30-08-2008) ?

with regards.

Dear Mr. Sainik,

It is presumed that you had been claiming HRA as per your old pay scale in the promoted post till August 2008. The revised allowances were announced and implemented in September 2008. If you had already claimed the eligible revised HRA from September 2008, then there is no arrears due to you.

nps
14-04-2009, 02:06 PM
It is surprising that Sainik is not even perturbed that he/she is losing aprox. Rs.600/- plus 22% DA every month, for all time in future, will incur cumulative loss in all future annual increments and will be getting a substantially less (10% or more) pension after retirement. This loss is permanent and cannot be corrected by promotions in future. The loss is very heavy indeed!

Sainik should be protesting immediately and appeal for a change of option date. He/she should request that his appeal be forwarded through proper channel to the Competent authority in Ministry of Finance. He/she may send his/her appeal directly to the President of India and beg her intervention to allow him/her (perhaps also all other similarly affected staff) to revise the option date.

Financial benefits recommended for staff by 6th CPC can not be denied by bureaucrats with the fiat that ‘option date once exercised is final’.

Does any one know what are the anomalies that the ‘anomaly committee’ examining? Sainik’s case, and similar cases of erroneous exercise of option date, is clearly the mother of all anomalies!!!

tvenkatam
14-04-2009, 02:30 PM
It is indeed an anomalous situation whereby the pay of a promotee to a particular post (Rs. 6850) is lower than the pay of a new appointee (Rs. 7510) to the same post (violative of Article 16(i) of Constitution of India). Rule 13 of CCS (RP) Rules, 2006 will have to be suitably modified rather than seeking relaxation in exercise of option for fixation of pay in the new pay structure from the date of promotion.

Mr Sainik is bound to get the minimum pay of Rs. 7510 in the pay band as on 01.04.07 once the anomaly is rectified.

sainik
15-04-2009, 01:55 PM
Dear Sirs tvenkatam and nps,

Once again thanks a lot for discussing widely about my case. As tvenatam said let me wait for some time till the anomaly is rectified. Will it rectified soon ?

Thanks,
sainik

jitendraacr
15-04-2009, 10:42 PM
Dear Sainik
I think you can request for stepping up of pay with respect to your junior under Note 10 below Rule 7 of CCS(RP) Rules, 2008. It will raise your pay equal to your junior who by virtue of direct recruits is getting more then you.
Jitendra

narayanan
16-04-2009, 07:42 AM
Dear friends,

It appears that the provision for exercising option is intended to transfer the responsibility of creating anomalies to the employee. The rule makers just wash out their hands from the loss.

Now a days, while formulating rules, no proper mind is applied. The rules are made for the sake of rules and not for the sake of smooth implementation of Govt. decision.

It is better to appoint an Anomaly Commission to suggest solutions for the anomalies created by 6CPC .

With regards,

Narayanan

tvenkatam
16-04-2009, 08:23 AM
Dear Members,

In the instant case of anomalous situation as posed to Mr. Sainik, the solution lies in rectifying the anomaly once for all so that such a situation does not arise in anybody’s case of pay fixation on promotion. In the past, the pay rules ensured this aspect. Even now one should expect that the new pay rules also provide for such protection to the promotees in the interest of maintaining equality among the same cadre of employees.

Resorting to seeking exemptions in exercise of option or stepping up of pay at par with the junior (applicable only if a junior in the cadre actually exist in his office/department) may only provide a temporary and partial solace to the aggrieved.

The appropriate measure to be taken in the instant case is to take up the issue with the anomaly committee. People like Mr. Sainik will, therefore, have to represent their cases instead of waiting for the Government to act on their own. The JCM is understood to have included this aspect as one of the anomalies for consideration by Government.

paragmandle
25-01-2010, 01:40 PM
On 1.1.2006 my basic pay was Rs. 6900/- in pay scale 5500......I was promoted on 29.06.2007 in pay scale 6500......as per the 6th pay commission i was granted pay band 9300 with grade pay 4200.....now grade pay Rs. 4600 is granted to me.....so on 1.1.2010 what should be my basic pay? please help.