+ Reply to Thread
Results 1 to 11 of 11

Thread: How to apply FR35 in this pay fixation case???

  1. #1
    Member DoToff is on a distinguished road
    Join Date
    Mar 2009
    Posts
    48

    Angry How to apply FR35 in this pay fixation case???

    Sr Members and friends ,
    I request your kind help/guidance/information in respect of my case,

    details :In May’05, I got my regular promotion for the STS rank which put me in prerevised payscale of 10000-325- 15200 (I was already given this rank on ‘adhoc’ basis from Apr’03 as per DoT orders).
    In Aug ’04 I was posted to a higher rank -JAG post on officiating basis which carried the payscale 12000-375-16500. On account of this officiating post held by me , my basic was accordingly revised &increased by application of FR-22(1)(a) and further limited by application of FR-35.The result being that my pay was calculated as follows:

    As on 1.1.05 (DE) STS rank- 10325 ; (DGM) JAG rank - 11325
    As on 1.1.06 (DE) STS rank- 10650 ; (DGM) JAG rank - 11650

    Query: I continue to hold the higher post on ‘officiating ‘ basis continuously from Aug’04, as on 1.1.06 and till date.
    Under the CCS(RP) rules, both the STS and JAG ranks are put in the same PB3 (but different Grade Pays i.e 6600 for STS and 7600 for JAG). My Pay Officer has taken the stand that “.. earlier there being different payscales for the lower and higher post, this difference/comparision was used to arrive at the ‘component of basic pay ’ pertaining to FR35. Now since both the posts have come under same pay band it is not known as to how to calculate the ‘difference’ to finalise the ‘officiating pay‘ component pertaining to FR35….”
    Esteemed members on this forum may please study this case and give guidance on how pay fixation is to be done .

    I am sorry to repeat this query ,but the fact is have been trying many channels but have not got any answer till date and the result is pay fixation ‘completed’ by my Pay Officer considering my lower rank only till date even after 1½ yrs of 6PC implementation which has led to considerable financial loss.
    -Dotoff
    Last edited by DoToff; 16-01-2010 at 07:33 AM. Reason: typo error

  2. #2
    Member DoToff is on a distinguished road
    Join Date
    Mar 2009
    Posts
    48

    Default Members,Visitors can not any one resolve this query pls??

    Members,Visitors can not any one resolve this query pls??I am really going mad knowing that I have to suffer so much financial loss in absence of any such clarification. URGENT Help requested !!!-Dotoff

  3. #3
    Senior Member tvenkatam is on a distinguished road
    Join Date
    Mar 2009
    Posts
    641

    Default

    Quote Originally Posted by DoToff View Post
    Sr Members and friends ,
    I request your kind help/guidance/information in respect of my case,

    details :In May’05, I got my regular promotion for the STS rank which put me in prerevised payscale of 10000-325- 15200 (I was already given this rank on ‘adhoc’ basis from Apr’03 as per DoT orders).
    In Aug ’04 I was posted to a higher rank -JAG post on officiating basis which carried the payscale 12000-375-16500. On account of this officiating post held by me , my basic was accordingly revised &increased by application of FR-22(1)(a) and further limited by application of FR-35.The result being that my pay was calculated as follows:

    As on 1.1.05 (DE) STS rank- 10325 ; (DGM) JAG rank - 11325
    As on 1.1.06 (DE) STS rank- 10650 ; (DGM) JAG rank - 11650

    Query: I continue to hold the higher post on ‘officiating ‘ basis continuously from Aug’04, as on 1.1.06 and till date.
    Under the CCS(RP) rules, both the STS and JAG ranks are put in the same PB3 (but different Grade Pays i.e 6600 for STS and 7600 for JAG). My Pay Officer has taken the stand that “.. earlier there being different payscales for the lower and higher post, this difference/comparision was used to arrive at the ‘component of basic pay ’ pertaining to FR35. Now since both the posts have come under same pay band it is not known as to how to calculate the ‘difference’ to finalise the ‘officiating pay‘ component pertaining to FR35….”
    Esteemed members on this forum may please study this case and give guidance on how pay fixation is to be done .

    I am sorry to repeat this query ,but the fact is have been trying many channels but have not got any answer till date and the result is pay fixation ‘completed’ by my Pay Officer considering my lower rank only till date even after 1½ yrs of 6PC implementation which has led to considerable financial loss.
    -Dotoff
    Dear Friend,

    FR 35 vests powers with the Government to fix the pay of an officiating employee at an amount less than that admissible under FR 22. Clarificatory OMs are issued by DoPT after the recommendations of each pay commission. OM No 18/26/86-Estt(Pay-I) dated 29.07.1987 and OM No 18/7/98-Estt(Pay-I) dated 15.12.1998 were issued prescribing the limits after 4th CPC and 5th CPC respectively.

    Government is yet to issue the OM on revision of ceilings under FR 35 consequent upon the revision of pay scales and introduction of the new grade pay regime based on the recommendations of 6th CPC. You may seek to address your problem to DoPT through your Head of Department for expeditious remedy.

  4. #4
    Member DoToff is on a distinguished road
    Join Date
    Mar 2009
    Posts
    48

    Default Sir query unresolved still, plsssss look into this again !!

    Sir,
    Thank you for the interest shown and reply for my post.

    But frankly this does't resolve my query.
    My query ".....how to calculate the ‘difference’ to finalise the ‘officiating pay‘ component pertaining to FR35….” in my case still is unanswered/unsolved plssssssss.

    If FR35 ceilings are revised this component will be revised ....agreed.... but then even with the existing ceilings... HOW TO CALCULATE PLSSSSSSSSSS....????????

    -DoToff

  5. #5
    Member DoToff is on a distinguished road
    Join Date
    Mar 2009
    Posts
    48

    Default Sr members and friends .....further clarifications on this query pleasssseee

    Waiting for clarifications please.
    I am still waiting for correct arrears payment and correct pay fixation in consideration of my present posting (..TILL DATE 1 1/2 yrs after issue of OM)in absence of such a clarification.
    -DoToff

  6. #6
    Senior Member tvenkatam is on a distinguished road
    Join Date
    Mar 2009
    Posts
    641

    Default

    Quote Originally Posted by DoToff View Post
    Waiting for clarifications please.
    I am still waiting for correct arrears payment and correct pay fixation in consideration of my present posting (..TILL DATE 1 1/2 yrs after issue of OM)in absence of such a clarification.
    -DoToff
    Dear Friend,

    Your ‘waiting’ has come to an end. Please see the following orders of DoPT on the subject.

    http://persmin.nic.in/writedata/Circ...stt(Pay-1).pdf

  7. #7
    Member DoToff is on a distinguished road
    Join Date
    Mar 2009
    Posts
    48

    Default Not resolving my query still !!!!!!!

    Sir,
    I have seen this order but it still does not resolve my Acct Officer's query.

    This query starts with application of FR22 in my case. As per FR22 I will get one notional increment and then my pay is to be settled/fixed at the 'stage just above this figure in the scale of the higher post" Now since both my posts are in the same scale under 6PC, how do we define the various 'stage' pertaining to the lower post and the higher post. This is the first query in my case and the DoPT letter on FR35 is not solving this query.
    Can you look into this?
    -DotOff

  8. #8
    Senior Member tvenkatam is on a distinguished road
    Join Date
    Mar 2009
    Posts
    641

    Default

    Quote Originally Posted by DoToff View Post
    Sir,
    I have seen this order but it still does not resolve my Acct Officer's query.

    This query starts with application of FR22 in my case. As per FR22 I will get one notional increment and then my pay is to be settled/fixed at the 'stage just above this figure in the scale of the higher post" Now since both my posts are in the same scale under 6PC, how do we define the various 'stage' pertaining to the lower post and the higher post. This is the first query in my case and the DoPT letter on FR35 is not solving this query.
    Can you look into this?
    -DotOff
    Dear Friend,

    Fixation of pay under FR 22 with reference to promotion from one scale to the other has lost relevance consequent on implementation of the present ‘grade pay regime’ of SCPC.

    Under Rule 13 of the CCS (Revised Pay) Rules, 2008 which governs fixation of pay on promotion from one grade pay to another in the revised pay structure, the pay is fixed by adding one increment equal to 3% of basic pay to the pay in the pay band besides granting the higher grade pay attached to the promoted post. This rule has an overriding effect on FR 22.

    Based on the OM of 08.03.2010, as on 01.01.2006 your pay of 10650 in the scale of pay of 10000-15200 will be revised in the substantive post to 19810 + 6600 = 26410. The pay in the officiating post will be fixed after allowing an increase in the basic pay not exceeding Rs. 2000 including the difference of grade pay between the feeder and the promotional post. This would effectively mean fixation of pay in the officiating post (under FR35) at 20810 as pay in the pay band with a grade pay of 7600 (net increase limited to 2000 as the pay in the pay band in your case is above 14880). The annual increment from 01.07.2006 will be at the rate of 3% of basic pay drawn in the officiating post in the revised pay structure.

    There seems to be no ambiguity as foreseen by you.

  9. #9
    Member DoToff is on a distinguished road
    Join Date
    Mar 2009
    Posts
    48

    Default Sir pls have a look at my opinion

    Sir,
    kindly have a relook at following CCS(RP)rules and my conclusion please:

    Rule 7(1): The initial pay of the Govt. servant who elects... to be governed by the revised pay structure from 1st day of Jan , 2006 shall...be fixed...in respect of his pay in the officiating post held by him in the following manner, namely

    (A) in case of all employees :-
    (i) the pay in the pay band ..will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
    (iii) The pay in the pay band will be determined in the above manner. In addition to the pay in the pay band, grade pay corresponding to the 'existing scale' will be payable.

    Rule 3(2) as- "existing scale" in relation to a Govt servant means the 'present scale' as applicable to the post held by the Govt servant ..as on 1st day of January, 2006...in officiating capacity

    Rule 3(4) as-"present scale" in relation to any grade/ post specified in column 2 of the first schedule means the scale of the pay as specified against that post in column 3 thereof.


    My opinion:
    by application by above rules it is calculated that :
    New pay in the pay band :
    • Existing basic pay in officiating post as on 1.1.06 =11650

    • Hence, in accordance with rule 7(1)(A)(i), (new) pay =11650 X 1.86 =21669 i.e 21670 .. after rounding off.
    Grade pay :- in accordance with rule 7(1)(A)(iii), GP is payable corresponding to 'existing scale':
    • Post held by u/s as on 1.1.06 in officiating capacity = DGM post= JAG grade
    • 'present scale' in relation to JAG grade = scale as applicable to JAG grade= 12000-375-16500.
    - therefore "existing scale ' in accordance with rule 3(2),in this case= 12000-375-16500

    -Grade pay defined in the 'First schedule' table corresponding
    to scale of 12000-375-16500 is 7600

    Hence in accordance with rule 7(1)(A)(i), the grade pay payable in this case = 7600


    If my opinion is right I should be able to claim a basic of 21670 + Gp of 7600.
    Pls give your opinion SIr.

    -DoTOff

  10. #10
    Member DoToff is on a distinguished road
    Join Date
    Mar 2009
    Posts
    48

    Default Venkatam ji , wiating for your studious comments pls.

    Sir,
    pls see my post and offer your comments on the method I have utilized to arrive at my basic+GP along with supporting Rules of CCS(RP)rules2008.
    Waiting for the same very eagerly.
    -DoToff

  11. #11
    Senior Member tvenkatam is on a distinguished road
    Join Date
    Mar 2009
    Posts
    641

    Default

    Quote Originally Posted by DoToff View Post
    Sir,
    pls see my post and offer your comments on the method I have utilized to arrive at my basic+GP along with supporting Rules of CCS(RP)rules2008.
    Waiting for the same very eagerly.
    -DoToff
    Dear friend,

    Please also read the ‘explanation’ under Rule 3 (2) of CCS (RP) Rules, 2008 vide which your pay in the revised structure as on 01.01.2006 will be fixed only in your substantive post as per details given in my post #8 of this thread.

+ Reply to Thread

Similar Threads

  1. Replies: 7
    Last Post: 02-09-2011, 02:19 PM
  2. Pay fixation in case of Upgradation of Post
    By Priyavarshini in forum Pay Fixation
    Replies: 6
    Last Post: 16-12-2009, 07:56 PM
  3. Replies: 3
    Last Post: 01-09-2009, 07:50 AM
  4. Replies: 1
    Last Post: 10-08-2009, 05:52 PM
  5. Pay fixation in the case of change of department
    By gconnect in forum Pay Fixation
    Replies: 1
    Last Post: 04-03-2009, 06:38 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts