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N.C.Dutta
06-09-2009, 08:00 PM
I was in 7500-250-12000/- prerevised scale.drawn maximum of RS 12000/- since November 2003, given stagnation increment RS250/- in 2006 September instead of November 2005 due to negligence of my PAO.Fixed at basic pay corresponding to RS12250/- i.e. 22790/-as on 1-1-06.Instead of allowing one increment in new scale 9300-34700/-Grade pay 4800/-i.e.23140 as per Part(II) 3(i) of ccs10(RP)

Would anyone help with exact clarification so that I can re-write to my PAO as he is not convinced highhandedly.

N.C.Dutta

jitendraacr
06-09-2009, 09:59 PM
Dear Friend
Your pay as on 1.1.06 was Rs.12250/- and therefore your pay in revised structure will be fixed corresponding to 12250. You are not entitled for increment (in place of stagnation increment in new scale. In my view, your pay fixation is correct.
Jitendra

mrajeev
18-09-2009, 06:50 AM
I was in 7500-250-12000/- prerevised scale.drawn maximum of RS 12000/- since November 2003, given stagnation increment RS250/- in 2006 September instead of November 2005 due to negligence of my PAO.Fixed at basic pay corresponding to RS12250/- i.e. 22790/-as on 1-1-06.Instead of allowing one increment in new scale 9300-34700/-Grade pay 4800/-i.e.23140 as per Part(II) 3(i) of ccs10(RP)

Would anyone help with exact clarification so that I can re-write to my PAO as he is not convinced highhandedly.

N.C.Dutta

As per the rule quoted above by you, the first increment will be granted on 01/01/2006 and subsequent increment on 01/07/2006, to those who had spent more than one year from the last (stagnation) increment . In your case, you were to be granted the SI of Rs.250/- in Nov 2005, but due to oversight, it was actually granted in Sep 2006. (However, arrear on account oversight might have been paid to you.) While fixing your pay, the amount was correctly picked as Rs.12,250/-, hence there is no anomaly. Had your last SI was due/granted on or before 01/01/2005, you will get the first increment in the new pay scales on 01/01/2006.

N.C.Dutta
19-09-2009, 07:03 PM
Dear Mr jitender,
Thanks for your view. Now suppose X being junior got RS12000/- in 2004 and Y being senior got RS 12000/- in 2003 with stagnation increment in 2005( later than 1-1-2005).Then as per 3(i) of CCS ( RP) 2008 Mr X is to be fixed at pay corresponding to Rs12000/-as on 1-1-06 with one increment in new scale on 1-1-06 and one increment on 1-7-06.Thereby Junior will be fixed at higher pay than senior.Can it be?

N.C.Dutta

R K Rao
20-09-2009, 08:22 PM
Dear Mr jitender,
Thanks for your view. Now suppose X being junior got RS12000/- in 2004 and Y being senior got RS 12000/- in 2003 with stagnation increment in 2005( later than 1-1-2005).Then as per 3(i) of CCS ( RP) 2008 Mr X is to be fixed at pay corresponding to Rs12000/-as on 1-1-06 with one increment in new scale on 1-1-06 and one increment on 1-7-06.Thereby Junior will be fixed at higher pay than senior.Can it be?

N.C.Dutta

Earlier statement withdrawn

svsankar
21-09-2009, 07:14 PM
Dear Member,
Mr Jitender was correct. Ultimately both Mr X and his junior will be drawing the same pay as their new pay on 01-01-2006 will be fixed based on the pre- revised pay of Rs.12,250/- and both of them will get their increment on 01-7-2006. There shall be no anamoly in the new pay.

N.C.Dutta
22-09-2009, 05:44 PM
Dear member,
Thanks! I quoted Mr X is junior to Mr Y. Any way who so ever is senior will get pay as per his Junior. Now my quiery is what is the implication of Note 10 of Part II of 3(i) page 8-9 ( hindi version)/page 39 of 64 ( english version) of sixth pay commission recommendation. It states if any one is drawing maximum of his/her scale for more than one year w.r.to 1-1-06 he is to be fixed at new pay corresponding to maximum in old scale then one increment in new pay as on 1-1-06 and then one increment on 1-7-06.

Let us assume that it is not applicable to me. Would you please guide in which case the clause is applicable.

As the dear memeber has quoted Mr X will be given Rs 12250/- ( 12000/-+250/-).But SI is allowed every two years to the maxmimum of two during the entire service period.So the person who was drawing maximum in2004 can only get SI in2006 thereby in no case he can be given 250/- increment on 1-1-06. Therefore he is to be fixed at pay corresponding to RS 12000/- in new pay. I would request to visit IIT Madras website who has derived perhaps correctly the method.

Sorry to be difffering in this respect.

N.C.Dutta

svsankar
24-09-2009, 07:56 PM
Respected Member,

Sorry for misquoting. The fixation is to be done in the following manner.

The person who has stagnated in 2003 would have got his stagnation increment of 250- in 2005 and would have been drawing pay of Rs.12250- and would have not completed more than one year as on 01-01-2006 from the date of drawing the last stagnation increment. His pay is to be fixed in accordance with Rule 7 of CCS(RP) Rules, 2008. viz. 12250 x 1.86 = Pay-22790 +GP-4800 - Mr. Y

The person who has stagnated in 2004 would have not got his stagnation before 01-01-2006 and would have been stagnating for more than one year as on 01-01-2006. This person will be fixed with reference to 12000 x 1.86 = Pay-22320 + GP - 4800 and granted first increment on 01-01-2006 viz. 23140 + 4800. in accordance with Para 2 of Rule 10 of CCS(RP) Rules, 2008. - Mr X.
MOF vide their OM dated:29-01-2009 have clarified at S.No.5 that all those who have earned increment or stagnation increment on or after February 2005 shall not be granted one increment on 01-01-2006, so the calculator given by iitm is not correct.
In fact we have this type of anomaly in our office also and the seniors have applied for stepping up on par with junior. Note 10 under Rule 7 will be applicable only for promotion cases. Note 7 under Rule 7 will also not be applicable. Note 1 under Rule 10 will also not be applicable.Hence stepping up cannot be done under any of the rules.
This is a typical case of error which can be referred to the anomalies committee for resolution as the very purpose of the proviso of Rule 10 explained in the memorandum explanatory to the CCS(RP) Rules,2008 is defeated.

N.C.Dutta
26-09-2009, 06:04 PM
Dear Mr SVSankar,
As described by you my case is unque of its own nature.Hence requires referring to Anomaly committee. Now, if possible would you please guide me to present my case to Anomaly committee with their postal address and to whom it should be addressed.

Regards,

N.C.Dutta

nps
26-09-2009, 09:20 PM
Sir,
Regarding the analysis posted in #8 by svsankar.
The stagnation increment is granted on 1/1/06 in pre-revised scale and THEN the pay is revised as per formula or Fitment table. Thus, in the case analysed, the senior and junior will have identical pre-revised basic pay on 1/1/06. The revised pay will also be equal on 1/1/06. Therefore, there is no anomaly.
regards,
nps

N.C.Dutta
27-09-2009, 09:02 PM
Dear jitenderji,SVSankar & Nps,
I have gone through the FINMIN order dated 29-1-09 and seen the order of Railway Board.However as the anomaly committe has been constituted I feel that I should write to secreatry Staff side ( JCM), about this anomaly. As quoted by Mr Sankar in his office there are similar cases,hope they will write to JCM about this.
If any better suggestion, Please advise. Pay Commission was correct to provide natural justice, where Junior and senior would be placed on the same platform. Order of FINMIN was issued only in January 2009, there are lot of persons got retired and there are lot of persions got fixed as per recommendation.In some cases pension has been revised by CPAO, in some cases got stuck due to this order.Hope it is not a CAT case where Govt. will be the opponent. I could not get the idea of such order. In my case FR22(1) is also not applicable.

Regards,

N.C.Dutta

svsankar
28-09-2009, 07:04 PM
Respected Member,
The address of Secretary (Staff Side) is
Secretary (Staff Side),
National Council (JCM),
13-C, Ferozeshah Road,
New Delhi - 110 001. - Members of the anamolies committee are available in website www.persmin.nic.in under circulars\sixthpaycommission mr dutta can go through it.

N.C.Dutta
15-11-2009, 04:40 PM
Dear SVSankar, NPS, Shivshankar,
Thanks for JCM staff side address.
I was shattered by the working of JCM at Delhi. An old man sitting with lot of work but no work to do with the answer time limit is over for putting matters in anomaly committee and there are lot of anomalies.

I had to come back with broken heart.

Thanks for your suggestions and help.

N.C.Dutta

Bose J P
17-11-2009, 05:54 AM
I was in 7500-250-12000/- prerevised scale.drawn maximum of RS 12000/- since November 2003, given stagnation increment RS250/- in 2006 September instead of November 2005 due to negligence of my PAO.Fixed at basic pay corresponding to RS12250/- i.e. 22790/-as on 1-1-06.Instead of allowing one increment in new scale 9300-34700/-Grade pay 4800/-i.e.23140 as per Part(II) 3(i) of ccs10(RP)

Would anyone help with exact clarification so that I can re-write to my PAO as he is not convinced highhandedly.

N.C.Dutta
On this I need some clarification.I was in the PAY SCALE OF Rs 12000- 420- 18300.My date of increment was 1st of January. I reached maximum of my scale on 1.1.2003. I got a stagnation increment increment on 1.1.2005.According to 6th pay commission I have been placed in payband 15610-39100 with a grade pay of 8000. I want to know if I am eligible for an additional increment after fittment in 6th pay commission.If so what will be considered as my basic salary on 1.1.2006 Rs 18300( maximum of the scale) or Rs 18720(my actual basic on1.1.2006). I am a scientific officer working in IIT and this is pay scale

svsankar
18-11-2009, 08:18 PM
On this I need some clarification.I was in the PAY SCALE OF Rs 12000- 420- 18300.My date of increment was 1st of January. I reached maximum of my scale on 1.1.2003. I got a stagnation increment increment on 1.1.2005.According to 6th pay commission I have been placed in payband 15610-39100 with a grade pay of 8000. I want to know if I am eligible for an additional increment after fittment in 6th pay commission.If so what will be considered as my basic salary on 1.1.2006 Rs 18300( maximum of the scale) or Rs 18720(my actual basic on1.1.2006). I am a scientific officer working in IIT and this is pay scale

Basic Pay as on 01-01-2006 : 18720 X 1.86 = (34820 +8000 ) x 3% = 1290
1290 + 34820 = 36110 Pay 8000 GP
Basic Pay as on 01-7-2006 : (36110 + 8000) x 3% = 1330 + 36110
37440Pay + 8000 GP

N.C.Dutta
29-03-2010, 08:52 PM
Dear NPS,
After a prety long time I am writing about the process of pay fixation on stagnation.
Would you please suggest if someone reaches maximum of his pre revised scale Rs 12000/- in 7500-250-12000/-on 1-1-2004 and his stagnation increment is due on 1-1-2006.
Thus in this case whether he should be allowed fixation as per 3(i) note 10 of Sixth cpc Recommendation or he will be guided by order of department of Expenditure Ministry of Finanace order dated 29-01-2009. para 5
That means he will be given stagnation increment of RS 250 on1-1-2006 and fixed correspondingly on 12250/- and given increment on 1-7-2006 and so on.
Or he will be fixed at pay corresponding to RS12000/- then given an increment on1-1-2006 in new scale and again one on 1-7-2006.
In some cases the later has been followed.
Regards,

nps
30-03-2010, 07:38 AM
Dear Duttaji,
Stagnation increment due on 1-1-2006, to be granted as per rules issued, shall be granted in the pre-revised pay scale and THEN, only then, the revised pay is computed as per fitment table issued by Ministry of Finance.

Errors committed in pay fixation will eventually be corrected.

with best regards,
nps

N.C.Dutta
30-03-2010, 09:11 PM
Dear NPS,
Thanks for reply.Your reply means that stagnation increment Rs 250/- to Maximum pay RS 12000/- due on 1-1-2006 to be allowed in pre revised scale and to be fixed in fittment pay corresponding to RS 12250/- ( with stagnation increment) thereby adhering to clause 5 of Dept. of Expenditure order dated 29-01-2009.

If it is so I am going to write to my Audit Dept. for adopting double standard.
If you feel so I can appraoch CAG for clear procedure in this regard.

Regards,

N.C.Dutta

N.C.Dutta
31-03-2010, 10:43 AM
Dear NPS, SVSankar, Shivsankar,
This is continuation to my mail of 30-03-2010, I am adding some more points such as,

Person/s who were at maximum of scale in pre revised scale anytime between 1/2/2004 to 1/12/2005, how their pay will be fixed as on 1-1-2006.
This I am adding as NPS has replied that first stagnation increment in cases of those who were at maximum of scale on 1-1-2006 they will be given stagnation increment on 1-1-2006 and then fixed at corresponding pay on 1-1-2006 and next increment on 1/7/2006.

Now our discussions should have aduit sanction, if not it will be treated as personal opinion and hence cannot be quoted as rule.

Regards,

N.C.Dutta