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dick_5102
06-01-2016, 09:40 PM
This is a query regarding my 6 CPC pay fixation which remains unresolved till date.

My date of increment was on 1st Jan. in the year before 2006, the year of implementation of 6 CPC. I was on earned leave from some date of December 2005 and joined office on 7th January 2006. At that time, 5 CPC was on vogue and so my increment got deferred to my date of joining i.e 07.01.2006. From the next year the date of increment got restored to 1st of January as per rule.

6 CPC got implemented in September 2008 with effect from 01.01.2006. A person with date of increment on 1st January 2006 was to get pay fixed on 01.01.2006 with one increment on pre-revised scale. But as I was on EL on 01.01.2006 I was not given increment on pre revised scale on 1st Jan. My increment on revised scale was given on 01.07.2006.

Now as persons with date of increment between February to June was getting increment after one and half years, an OM was issued to grant them one increment on pre-revised scale on 01.01.2006 as one time measure. Now, there is no mention about person like me whose increment got deferred to later date of January, though we are also getting increment after one and half year. Further, my juniors are now drawing higher salary than me.

So, either the original 6 CPC pay rules already has provision to address our situation or the authority, while issuing the "one time measure" OM.

So, there is an anomaly.

I request all members to guide me to resolve the anomaly, if it is so, at earliest.

Victor
07-01-2016, 06:19 PM
As per GID 3 under Rule 39 of CCS(Leave) Rules, 1972, "... if the normal date of increment of a Government Servant falls during a period when he remains on earned leave...., the benefit of such increment is actually paid to him only from the date he joins duty on expiry of leave through the actual date of next increment remains unaffected.."


Therefore, in my view your revised pay under 6CPC would be fixed w.e.f. 1.1.2006 based on the old pay drawn under 5CPC (i.e. before increment in old scale). The benefit of increment would accrue from the date of joining i.e. 7.1.2006 and your pay would be revised w.e.f. 7.1.2006 based on the pay after increment in the old scale.

Victor

dick_5102
07-01-2016, 09:11 PM
As per GID 3 under Rule 39 of CCS(Leave) Rules, 1972, "... if the normal date of increment of a Government Servant falls during a period when he remains on earned leave...., the benefit of such increment is actually paid to him only from the date he joins duty on expiry of leave through the actual date of next increment remains unaffected.."


Therefore, in my view your revised pay under 6CPC would be fixed w.e.f. 1.1.2006 based on the old pay drawn under 5CPC (i.e. before increment in old scale). The benefit of increment would accrue from the date of joining i.e. 7.1.2006 and your pay would be revised w.e.f. 7.1.2006 based on the pay after increment in the old scale.

Victor

OK.

Now if the revised pay after increment on old scale is fixed on 7.1.2006 then I will not be getting increment in July 2006. The next increment will be in July 2007 i.e. one and half year after this increment.

Persons with increment date between Feb to June 2006 was getting increment after one and half years. So, one OM was issued to grant them increment on pre-revised scale on 01.01.2006 to mitigate their hardship. My increment date falls on 7.01.2006. Logically I should also be granted similar one time measure.

What happens if providing one-time benefit to Feb to June 2006 incrementees, my Junior draws higher salary than me?

You opinion please.

Victor
08-01-2016, 09:50 AM
Please refer my earlier post. The date of next increment does not get affected. Hence, you will be entitled to increment on 1.7.2006 in the revised pay structure.

Your pay would be fixed as follows:

w.e.f. 1.1.2006 : Revised pay based on existing basic pay in the 5CPC scale.
w.e.f. 7.1.2006 : Revised pay based on existing basic pay after grant of increment in the 5CPC scale.
w.e.f. 1.7.2006 : Increment in the 6CPC structure based on pay fixed on 7.1.2006.

Kindly note that the pay fixed on 7.1.2006 is admissible w.e.f. 1.1.2006 but as you were on leave on that day you would draw the same w.e.f. the date of joining i.e. 7.1.2006. Your date of next increment does not get affected due to this.

Victor

dick_5102
11-01-2016, 09:28 PM
Please refer my earlier post. The date of next increment does not get affected. Hence, you will be entitled to increment on 1.7.2006 in the revised pay structure.

Your pay would be fixed as follows:

w.e.f. 1.1.2006 : Revised pay based on existing basic pay in the 5CPC scale.
w.e.f. 7.1.2006 : Revised pay based on existing basic pay after grant of increment in the 5CPC scale.
w.e.f. 1.7.2006 : Increment in the 6CPC structure based on pay fixed on 7.1.2006.

Kindly note that the pay fixed on 7.1.2006 is admissible w.e.f. 1.1.2006 but as you were on leave on that day you would draw the same w.e.f. the date of joining i.e. 7.1.2006. Your date of next increment does not get affected due to this.

Victor

Thanks for the clarification.

But, our Accounts Deptt. is of opinion that intervening period between increments is to be counted from 07.01.2006. As a result, 6 month is not getting completed on 01.07.2006. So, I am not becoming eligible for increment on 01.07.2006.

Kindly advise me how to tackle the situation.

soodeep
12-01-2016, 06:10 PM
Please refer my earlier post. The date of next increment does not get affected. Hence, you will be entitled to increment on 1.7.2006 in the revised pay structure.

Your pay would be fixed as follows:

w.e.f. 1.1.2006 : Revised pay based on existing basic pay in the 5CPC scale.
w.e.f. 7.1.2006 : Revised pay based on existing basic pay after grant of increment in the 5CPC scale.
w.e.f. 1.7.2006 : Increment in the 6CPC structure based on pay fixed on 7.1.2006.

Kindly note that the pay fixed on 7.1.2006 is admissible w.e.f. 1.1.2006 but as you were on leave on that day you would draw the same w.e.f. the date of joining i.e. 7.1.2006. Your date of next increment does not get affected due to this.

Victor

I have a doubt. As far my knowledge any person availing regular kind of leave would be entitled for leave salary and hence in this case, pay fixation benefit was given on 07 Jan 2006, not from 01.01.2006. If it is not so, if a person (hypothetically), has increment on 1st Jan 2006, having taken regular kind of leave till 30 June 2006, he will also be eligible for two increments on 01 July 2006 (one for 1st Jan and another for 1st July 2006). Then, the clause of at least six months’ regular service as required to earn increment in post 6 CPC era would not came into force. I think date of increment in previous years (i.e. before implementation of 6 CPC) was happened to be in different month/dates. Even in that case, if a person have taken leave for more than a calendar month (say 01st to 30th), his pay was required to be deferred for that period.

Please have your say.

soodeep

Victor
14-01-2016, 09:43 AM
Please refer to Note 3 below Rule 7 of CCS(RP) Rules 2008.

Accordingly, in the instant case pay fixation benefit under the revised pay structure i.e. 6CPC would be given from 1.1.2006. However, the revised pay as on 1.1.2006 would be based on the "existing basic pay" i.e. the pay drawn in the 5CPC before release of increment on 7.1.2006. On release of increment on 7.1.2006 the revised pay would change accordingly. The date of next increment i.e. 1.7.2006 will not be affected as clarified in my earlier post.

It may be noted that the increment is DUE from 1.1.2006 but will be DRAWN from 7.1.2006 as the govt official was on leave and cannot be given the benefit of increment during the leave period till he joins. However, the benefit of revised pay structure i.e. 6CPC will be given during leave period even though leave salary was drawn during this period, in accordance with Note 3 below Rule 7 of CCS(RP) Rules 2008.

Victor

dick_5102
14-01-2016, 08:50 PM
Please refer to Note 3 below Rule 7 of CCS(RP) Rules 2008.

Accordingly, in the instant case pay fixation benefit under the revised pay structure i.e. 6CPC would be given from 1.1.2006. However, the revised pay as on 1.1.2006 would be based on the "existing basic pay" i.e. the pay drawn in the 5CPC before release of increment on 7.1.2006. On release of increment on 7.1.2006 the revised pay would change accordingly. The date of next increment i.e. 1.7.2006 will not be affected as clarified in my earlier post.

It may be noted that the increment is DUE from 1.1.2006 but will be DRAWN from 7.1.2006 as the govt official was on leave and cannot be given the benefit of increment during the leave period till he joins. However, the benefit of revised pay structure i.e. 6CPC will be given during leave period even though leave salary was drawn during this period, in accordance with Note 3 below Rule 7 of CCS(RP) Rules 2008.

Victor

I came across another clarification under 2.Clarification 1 (ii) of clarification order F No. 1/1/2008-IC dt. 13.09.2008 which states

"For those employees whose date of next increment falls on 01.01.2006, the instructions already provide for granting an increment in the pre-revised pay scale as on 01.01.2006 and then fixing their pay in the revised pay scale. Such Government servants would also get their next increment on 01.07.2006."


If the "falls on" (in bold) represents "due on", then perhaps my pay should be on 01.01.2006 fixed after giving one increment in pre-revised scale.


Is my perception right?

dick_5102
16-01-2016, 08:42 PM
I came across another clarification under 2.Clarification 1 (ii) of clarification order F No. 1/1/2008-IC dt. 13.09.2008 which states

"For those employees whose date of next increment falls on 01.01.2006, the instructions already provide for granting an increment in the pre-revised pay scale as on 01.01.2006 and then fixing their pay in the revised pay scale. Such Government servants would also get their next increment on 01.07.2006."


If the "falls on" (in bold) represents "due on", then perhaps my pay should be on 01.01.2006 fixed after giving one increment in pre-revised scale.


Is my perception right?

I am waiting for the reply please.

Victor
16-01-2016, 09:20 PM
Yes, "falls on" implies "due on". Hence your revised pay (after increment) will be due on 1.1.2006 but drawn from 7.1.2006. The date of next increment i.e. 1.7.2006 will not shift.

Victor

dick_5102
18-01-2016, 08:20 PM
Yes, "falls on" implies "due on". Hence your revised pay (after increment) will be due on 1.1.2006 but drawn from 7.1.2006. The date of next increment i.e. 1.7.2006 will not shift.

Victor

Similarly, if my date of ACP falls on 01.01.2006 then it will be due on 01.01.2006 but will be drawn on 07.01.2006.

Is that right?

dick_5102
19-01-2016, 02:59 PM
Further, I would request to kindly advice how I can convince my accounts department.

Thanks in advance.

dick_5102
21-01-2016, 04:19 PM
Further, I would request to kindly advice how I can convince my accounts department.

Thanks in advance.

I am waiting for advice....

dick_5102
25-01-2016, 11:41 AM
Similarly, if my date of ACP falls on 01.01.2006 then it will be due on 01.01.2006 but will be drawn on 07.01.2006.

Is that right?

Kindly let me know what will be the status of my ACP due on 01.01.2006.