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nazir_1367
19-05-2009, 09:55 PM
Sir,
My friend is a J and K state employee. Sixth pay Comm has been implemented from Jan, 2006 with effective date July, 2009. The fixation options are same as that of Central pay commission. The arrears are to paid in five annual instalments and that too in GPF.I advised my friend to get get his pay fixed on the date of of his increment i.e july 2009 when his basic pay becomes 5000 in the pay scale 4500-125-7000. This will substantially raise his pay band pay by about 1700 which can compensate his arrears just in two years.
I fix his pay as follows:
Basic Pay as on July 2009 - 5000
Dearness Pay - 2500
DA ( prerevised rates)- 54% = 4050
Pay Band pay fixed on July 2009 - 5000+2500+4050= 11550
Grade Pay - 2800
Total Revised Basic Pay as on JUly 2009 - 11550 + 2800 = 14350

Is it correct? His office clerk has objection with prerevised DA rates i.e 54%

jitendraacr
22-05-2009, 11:34 PM
dear friend
pl clarify whether pay should not be fixed w.e.f. 1/1/06.

nazir_1367
23-05-2009, 01:08 PM
Dear Jitendarr,
Thank you for your response. The pay fixation is to be done w.e.f July 2008 and not on Jan 2006 as there is option of fixation in revised pay scales at any subsequent increment. My firend's normal date of increment in prerevised scale is July 1. D.A rates applicable w.e.f July 2008 in prerevised scale is 54%.
Please read July 2008 instead of July 2009 in prevised details for fixation.

jitendraacr
29-05-2009, 09:06 PM
Dear nazir
pay fixation shown by you is correct but i AM NOT SURE ABOUT the rate of DA(old) applicable on that date. u have to confirm it. other things are O.K. It is well under the rules.
Jitendra

nazir_1367
29-05-2009, 09:42 PM
Dear nazir
pay fixation shown by you is correct but i AM NOT SURE ABOUT the rate of DA(old) applicable on that date. u have to confirm it. other things are O.K. It is well under the rules.
Jitendra




Thank you, Sir. The prerevised DA rates are applicable at present in the J & K state. At present DA rate is 54% since July 2008. Revised rates will take effect from July 2009 as per the govt order.

nps
30-05-2009, 05:22 AM
Dear Nazir,
Please read Rule #11 of MoF Notification, the Pay fixation rule which applies to a member who opts for a date later than 1/1/2006.
The DA to be included in your calculation is not 54% but the DA rate as on 1/1/06.
That means the multiplication facor is 1.86 only even if the option date is 1/7/2008.

nazir_1367
30-05-2009, 08:25 AM
Dear Nazir,
Please read Rule #11 of MoF Notification, the Pay fixation rule which applies to a member who opts for a date later than 1/1/2006.
The DA to be included in your calculation is not 54% but the DA rate as on 1/1/06.
That means the multiplication facor is 1.86 only even if the option date is 1/7/2008.


The rule 11 says "...... prerevised dearness allowance based on rates applicable as on 1-1-2006". It does not say prerevised DA as on 1-1-2006. If it would be 1.86 factor then exercising option will be beneficial no one at all in any case. Further 1.86 factor on 1-1-2006 has been obtained by adding the dearness pay applicable plus the DA on basic pay and Dearness pay as on 1-1-2006. The same logic is to applied for fixation on later date. I think fixation of such cases have been done using the same logic.

tvenkatam
30-05-2009, 12:17 PM
The rule 11 says "...... prerevised dearness allowance based on rates applicable as on 1-1-2006". It does not say prerevised DA as on 1-1-2006. If it would be 1.86 factor then exercising option will be beneficial no one at all in any case. Further 1.86 factor on 1-1-2006 has been obtained by adding the dearness pay applicable plus the DA on basic pay and Dearness pay as on 1-1-2006. The same logic is to applied for fixation on later date. I think fixation of such cases have been done using the same logic.

Dear Mr. Nazir,
Your interpretation of the wordings of the Rule is very correct. No logic need be applied.

nazir_1367
30-05-2009, 05:34 PM
Dear Friends,
Thank you for your responses. Is there any clarification regarding this matter issued by MoF. If there is any, please mail me the same or send me the link.
With regards

tvenkatam
30-05-2009, 07:37 PM
Dear Friends,
Thank you for your responses. Is there any clarification regarding this matter issued by MoF. If there is any, please mail me the same or send me the link.
With regards

Dear Mr. Nazir,

As of today, there are no clarificatory orders issued on the subject. The rate of DA (at old rates) as on 01.07.2008 is 54% and the orders exist to this effect.

nps
31-05-2009, 07:20 AM
Rule #11 is specifically for Pay fixation on a date later than 1/1/06. If Mr. Nazir’s interpretation is correct, the rule could have been written unambiguously as, ‘pre-revised DA applicable as on the date of option’. It is not written that way.

MoF has published more than 30 Fitment Tables. There should be five more sets of Tables applicable when DA was revised five times from 24% to 54%. They are not provided.

MoF did not reveal how fitment tables for -1S and PB4 bands were calculated where multiplication factor 1.86 does not apply. An A.O. cannot even create fitment tables applicable for -1S and PB4 bands, with DA rate at 54% on 1/7/08, without knowing the formula.

In summary, my advice is to read rule #11 in a plain and simple way.

tvenkatam
31-05-2009, 10:51 AM
Rule #11 is specifically for Pay fixation on a date later than 1/1/06. If Mr. Nazir’s interpretation is correct, the rule could have been written unambiguously as, ‘pre-revised DA applicable as on the date of option’. It is not written that way.

MoF has published more than 30 Fitment Tables. There should be five more sets of Tables applicable when DA was revised five times from 24% to 54%. They are not provided.

MoF did not reveal how fitment tables for -1S and PB4 bands were calculated where multiplication factor 1.86 does not apply. An A.O. cannot even create fitment tables applicable for -1S and PB4 bands, with DA rate at 54% on 1/7/08, without knowing the formula.

In summary, my advice is to read rule #11 in a plain and simple way.

Dear Friend,
After a second reading of the Rule, I share your views, Let us hopefully expect that MoF will issue unambiguous orders.

nazir_1367
02-06-2009, 11:30 AM
Rule #11 is specifically for Pay fixation on a date later than 1/1/06. If Mr. Nazir’s interpretation is correct, the rule could have been written unambiguously as, ‘pre-revised DA applicable as on the date of option’. It is not written that way.

MoF has published more than 30 Fitment Tables. There should be five more sets of Tables applicable when DA was revised five times from 24% to 54%. They are not provided.

MoF did not reveal how fitment tables for -1S and PB4 bands were calculated where multiplication factor 1.86 does not apply. An A.O. cannot even create fitment tables applicable for -1S and PB4 bands, with DA rate at 54% on 1/7/08, without knowing the formula.

In summary, my advice is to read rule #11 in a plain and simple way.

Dear nps,
Right sir. The same way rule could have been written as prerevised DA as on 1/1/2006 nor the rule says anything about multiplication factor of 1.86 on later date. Also if prerevised DA as on 1/1/2006 i.e 24% is to be taken into consideration on fixation on any later date then exercising option is not beneficial to anyone in any case. Further, on exercising option for continuing the prerevised scales till any later date the employee is to be governed by prerevised pay rules applicable as on 1/1/2006 for all the benefits till that date. The same way prerevised DA rates applicable as on 1/1/2006 are 24%,29%,35%,41%,47% and 54% and the DA as on 1/1/2006 is 24%. It may be also noted here that such an employee is sacrificing his arrears for getting any benefit from such a fixation.
With warm regards
Nazir

nps
03-06-2009, 07:20 AM
Rule #11 is definitely beneficial to a staff member who is ‘promoted’ after 1/1/06 and the increase in basic pay (pre-revised) on the date of promotion is ‘very large’. The increase in basic pay upon promotion has to be greater than two or more increments in 2006, and still higher amount if promoted in later years.

I really wonder how many CG staff members promoted after 1/1/06 should have exercised this option in Sep-Dec 2009, the period permitted to exercise option, but failed to do so!

The ‘anomaly committee’ constituted by MoF should consider this aspect and give another chance to all staff members to revise the option date.

Will any Forum member/visitor bring this to the notice of any member of the ‘anomaly committee’?