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Thread: Whether we need fresh clarification for fixation, bunching and stepping up from MOF?

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    Member krishnan09 is on a distinguished road
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    Default Whether we need fresh clarification for fixation, bunching and stepping up from MOF?

    Whether we need fresh clarification with regard to fixation, bunching and stepping up for CCS (RP) Rules, 2008 from MOF? If so kindly offer your valuable comments on the following points.

    1. If further clarification is again needed from MOF for fixation, bunching and stepping up, whether the individual Ministries have to seek similar clarifications as and when DA increases by MOF also . This will lead unnecessary correspondences in future.

    2. What is the reason for the delay in granting GP 4600/- in 7450-11500 to field offices at par with Central secretariat in spite of following clear instructions and CAT judgments 505/2008, 164/2009 .

    a. CPC recommendations:

    Merged pre 5000-7000 and 5500-8000 with 6500-10,500 and suggested normal replacement pay structure of grade pay of Rs. 4200 in PB-2 and made parity between Field and Secretariat Offices. This parity will need to be absolute till the grade of Assistant.

    3.8.1.Common cateogires of staff are those categories that are engaged in similar functions spread across various Ministries/departments /organizations of the Central Government. These categories are not limited to any specific ministry of department and, therefore, any decision taken for them impacts more than one Ministry/department/organization

    3.1.4: Earlier, the respective pay scales of rs.5500-9000 and 5000-8000 existed for Assistants in secretariat and in Field offices. This disparity was aggravated in 2006 when the Government further upgraded the pay scales of Assistants belonging to Central Secretariat service to 6500-10,500.

    Para 3.1.13. Demand of separate secretariat allowance for various posts belong to CSS, CSSS, cSCs etc. cannot be accepted.

    3.1.14. In accordance with the principle established in the earlier paragraphs, parity between Field and Secretariat Offices has been established and recommended..

    b. CSS (RP) Rules 2008

    The government vide (ii) Section I, Part B of the First Schedule to CCS (RP) Rules, 2008 approved the recommendation of the 6th cpc and made parity upto to the level Assistants in the field office and Secretariat office by merging three scales (pre-5000, 5500 and 6500) and further upgraded to 7450-11,500 with GP 4600.

    The government also stated in the Revised RP rules, if the post of scale pre-6500-10,500 carrying minimum qualification of either Degree in Engg/Law should also be upgraded and placed in 7450-11,500 with GP4600 straight away without consulting the Ministry of Finance.

    Ministry of Finance vide OM F.No.1/1/2008-IC dated13th November, 2009 upgraded all the above three merged scales and granted GP 4600 to all those drawn GP4200 from 1.1.2006 in revised pay structure. The MOF also Vide OM F.No.1/1/2008-IC 16.11.2009 extended the same up gradation to Central Secretariat also with effect from 1.1.2006. It is also clear from the cpc report, government resolution that the field offices and CSS are eligible the revised pay from 1.1.2006 in the upgraded scale . Even the independent revision done by CSS from 15.9.2006 was also not agreed by cpc and no were recommended to retain the revision and hence there is no question of separate option for them from 15.9.2006.

    In view of these directions, whatever benefit extended in the Central Secretariat upto the level of Assistant should be given to the field offices also.

    2. Regarding fixation of pay

    The CCS (RP) Rules, 2008 Page No.34 ie., Rule 7 (1) (A) (ii) says “if the minimum of the revised pay band/pay scale is more than the amount arrived at as per multiplication (existing basic pay x 1.86), the pay shall be fixed at the minimum of the revised pay band/pay scale”.

    There are merged scales and upgraded scales in the pre-revised scales and its corresponding pay band also. Hence first the multiplication will be based on the applicable/existing pay has to be arrived firsrt in the pre-revised merged/upgraded as on 1.1.2006 and thereafter to be multiplied by 1.86.
    Accordingly the fixation has been done(7450x1.86+4600) in the Central Secretariat in the minimum of 7450-11,500 even for UDCs were promoted to Assistants.

    3. Bunching (for every two stages one increment each) without upgradation.

    The CCS (RP) Rules, 2008 Page No.34 ie., Rule 7 (1) (A) (ii) says provided further that:
    “Where, the fixation of pay, the pay of the Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching”.

    Example for pay band in PB.2 for 9300-34,800. For the basic of 5300, the pay arrived will be Rs. 9860 ( for 5300x1.86 in 5000-8000) and for 6025, the pay will arrive as Rs.11,210(for 6025x1.86 in 5500-9000) and for 7300 will arrive as Rs.13,580 (7300x1.86 in 6500-10500) .
    Eg.1. 5000-150-8000 scale. 5300-5000 = 300 difference ie.,2 stages (150x2) so one increment ie., 3%9860 =300
    His pay will be 9860+300= 10,160 in PB-2 with 4600 GP.

    Eg. 2 . 5500-175-9000 scale . 6025-5500=525 difference ie, 175x3 stages. so he will also get one increment ie 3%of 11,210=340
    His pay will be 11,210+340=11550 in PB-2 with 4600 GP

    Eg.3. 6500-200-10,500 scale 7300-6500=800 difference ie., 200x4 stages. So he will get 4 increments 3%13,770=420 x2
    His pay will be 13,770+840=14610 in PB-2 with 4600 GP.

    3. Bunching with upgradation to 7450-11,500 scale and fixing in the minimum

    Eg.1 For the above basic of 5300 will get 7450x1.86=13860+420= 14280+4600 (Rs.420 is 3% of 13860)
    Eg.2 For the above basic of 6025 will get 7450x1.86=13860+420 =14280+4600
    Eg.2 For the above basic of 7300 will get 7450x1.86= 13860+840=14700+4600

    4. Stepping up of pay

    The CCS (RP) Rules, 2008 Page No.34 ie., Rule 7 (1) (D) Note10 says(Page No.38) In case where a senior government servant promoted to a higher post before the 1st day of January 2006 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of January, 2006, the pay in the pay band of the senior government servant should be stepped up to an amount equal to the pay in the pay band as fixed for his junior in that higher post. The stepping up should be done with effect from the date of promotion of the junior Government servant subject to the fulfillment of certain conditions. The P&NG , Ministry of Extenal Affiars and Secretiariat staff have already fixed and claimed the arrears .

    The Hon'ble CAT principal Bench Delhi in OA 164/2009 dated 19.2.2009 ordred the MOF and DOPT that denial of pay fixation to field offices as was done in CSS, is arbitrary, illegal and vilative of ARticles 14 and 16th of the Constitution of India, quoting the concerned paragraphs of the CPC report 3.1.14 and 7.32.15 etc. etc since pairty has been made.

    Further, the OM No.1/1/2008-IC dated 30th August, 2008 says that the fitment table is not applicable for the upgraded and merged scales. In case of upgradation of posts and merger of pre-revised pay scales, fixation of pay will be done as prescribed in Note 2A and 2B below Rule 7(1) .

    So kindly offer your valuable comments in this regard.
    Last edited by krishnan09; 02-03-2010 at 02:43 PM.

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