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Thread: Certain important points for 27th NAC meeting

  1. #1
    Member krishnan09 is on a distinguished road
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    Default Certain important points for 27th NAC meeting

    Certain important points for the NAC meeting
    scheduled on 27.3.2010

    1. Fitment tables are not applicable for Merged and upgraded scales.


    The OM F.No.1/1/2008-IC dated 30th August, 2008 vide para 2 (ii) states that the fitment table is applicable in cases where normal replacement pay scales were granted. In cases of upgradation of posts and merger of pre-revised pay scales, fixation of pay will be done as prescribed in Note 2A of Rule 7(1) in the manner indicated in illustration 4A. The CCS(RP)Rules 2008 page No.44 (item ii of section I of Part B of the first schedule) merged the “three” scales (pre-revised 5000-7000, 5500-9000 and 6500-10,500) in one lot and upgraded to 7450-11,500 with GP 4600. But the fixations were not done as prescribed in Note 2A.

    2. Granting of higher replacement scale of 6500-10,500 ,7450-11,500 and 7500-12,000.

    The OM No.1/1/2008-IC dated 13th September, 2008 vide page No.4 under clarification 6 (i) states where all posts in one or more pre-revised scales are merged with a higher pre-revised scale and given a common replacement scale/grade pay, the suitability of the incumbents need not to be assessed for granting them the higher replacement scale. The same clarification 6 (ii) also states in the case of upgradations recommended by the pay commissions ie., where all posts in a particular grade have been granted a higher replacement pay scale/grade, the suitability of the incumbents need not be assessed for granting them the higher replacement scale/grade pay.

    a. As per page No.45 of CCS (RP)Rules, 2008 certain posts such as Head clerk, Assistants , Steno Gr.II and equivalent posts in the pre-revised scales of 4500-7000 and 5000-8000 were merged and replaced by 6500-10,500 with GP4200. Hence pay fixation is to be given to these scales with provision of minimum, bunching and stepping up as per CCS(RP)Rules. But this has not been extended to these merged scales.

    b. Similarly the Assistants in field office and in Central Secretariat were drawing common scale in the pre-revised scale of 5500-9000 as on 1.1.2006 and this is one among the pre-revised merged and upgraded to 7450-11,500 with GP4600 and the Central Seceretariat officials were already fixed their pay in 7450-11,500 with fixation benefits such as fixing at the minimum (7450x186+4600) to those who are promoted after 1.1.2006 and also stepping up was given to the seniors. The Pay Commission in its report strongly suggested parity vie report 3.1.14 upto the level of Assistants and the same was approved by Government and granted a common forumula upto to the level of the scales 6500-10,500 vide RP Rules 2008 item No.ii of section I of part B in page No.44.


    It may further be noted that the cpc has found that the pay of the assistants in the Central Secretariat was upgraded from 15.9.2006 before releasing the report for which the cpc commented that disparity has been further aggravated and hence strongly suggested parity from 1.1.2006 for the assistants in the field office and Secretariat vide report 3.1.14 So the CSS
    Assistants are not elgible for any further revision from 15.9.2006 and the 6th cpc has to be implemented from 1.1.2006. Therefore, the Government vide R.P.Rules page No.44 ( item ii) granted common scale of pay including higher replacement scale for all these merged scales . Whereas the CPC found reason for raising the pay of Section Officers of CSS and suggested revised pay and accordingly the government also approved and mentioned in the R.P.
    Rules vide page No.44. This gives a clear example that no where in the R.P.Rules 2008, separate scale was suggested by CPC for the Assistants in the CSS and government also not given any special revision for CSS in the Gazetee notification. . Whereas after the Gazettee notification, cunningly issued one OM dated 16.11.2009 violating the Gazetee Notifications. please note that this is done without any amendment in the gazetee Notification.

    Since the CPC report and and in the R.P.Rules 2008, there is only one common scale for the Assistants in the CSS and Field Offices from 1.1.2006 whatever fixation/benefit given to CSS, have to be extended to field offices. It may also please be noted that the special allowance demanded by the CSS was also denied by the CPC vide report 3.1.13).

    c. The Section Officers in the CSS also were drawing 6500-10,500 on 1.1.2006 at par with the Group B Officers in the field. When the Government upgraded the scale of Section Officers of CSS to 7500-12,000 with GP4800 and NFS 5400, in the R.P.Rules, there was no mention about such revision for similar categories in the field offices. So some of the field offices including the Section Officers/PS of CAT also filed case and the Principal bench vide OA.164/2009 ordered to give fixation in pre-7500-12,000 with GP4800 and NFS 5400. Accordingly they have claimed the arrears. So the pre-6500-10,500 in the field offices must also be given 7500-12,000 with fixation, bunching and stepping up provision.

    3. Fixation of pay to those who are promoted on or after 1.1.2006 at the minimum of the higher replacement/upgraded scale.

    The clause under Rule 7 (1) (A) (jj) protects the minimum of the pay scale. In Central Secretariat Services, the minimum of higher replacement scale of 7450 -11,500 was given to the Assistants (promoted from UDC on or after 1.1.2006) and the pay was calculated from the fitment table attached with the OM dated 30.8.2008 corresponding to this pre-revised upgraded scale of 7450-11,500. This clause says if the minimum of the revised pay is more than the amount arrived at A(i) , the pay shall be fixed at the minimum of the revised pay band/pay scale. So the UDCs on their promotion to Assistants their pay was fixed as 7450x1.86+4600. This clause is also applicable to the field offices, but it is denied.


    4. Bunching for every two stages

    The clause below (ii) under Rule 7(1)(A) of CCS(RP)Rules 2008 in page 35 states bunching. Accordingly for every two stages , one additional increment will be provided as bunching benefit. This also has not been extended to the field offices.

    5. Stepping up of pay of Seniors.

    The clause under Note-10 below Rule 7(1)(D) of CCS(RP)Rules2008 ie.,page 38 states stepping up should be done with effect from the date of promotion of the junior Government subject to the condition that both the junior and the senior government servants should belong to the same cadre and the posts in which they have been promoted should be identical in the same cadre. The pay of the juniors (ie., UDCs promoted as Assistants after 1.1.2006) were fixed with the minimum of 7450-11,500 (as 7450x1.86+4600) with effect from with effect from their date of promotion as per the clarification dated 27.1.2010 of Ministry of Finance. Hence the seniors in the same post also eligible for stepping up (ie., 7450x1.86+4600) from the date of promotion of the junior as was done by Ministry of Finance and Ministry of P&NG (both the copies of clarification and stepping up cases are enclosed). But this has not been extended.

    6. Denial of Common scales and fixations.

    As per report in para 3.8.1. the Common categories 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. But this is not made applicable to the field offices.
    7. parity

    The MOF vide OM dated 16.11.2009 reiterated that the Government has accepted parity between field offices and secretariat and also stated GP.4600/- has already been granted to the field office vide OM dated 13.11.2009 . Whereas people are interpreting comments made by the Ministry (ie. As one among the reasons as a competitive examination for secretariat assistants) which is not an administrative correction or not an intention to bring disparity. This comments was required from the Ministry’s part, otherwise the existing assistants of Secretriat (pre-5500-9000) have to come through/serve in another post (ie., in between UDC and the existing assistants) in the pre revised scale of 4500-7000/5000-8000 as is available in the field office. The UDCs of Secretariat are directly promoted to this pre-revised 5500-9000 scale whereas in field office UDC to Head Clerk/Assistant II(Pre 4500/5000) and thereafter to pre 5500-9000. However, government in this OM dated 16.11.2009 further commended it is necessary to create a post between UDC and Assistant with GP4200 as part of parity in the field office also. This clarification gives more clarity that the existing Assistants in the field offices and Secretariat who were carrying pre-revised scale (pre-5500-9000) as on 1.1.2006 are equal and to be treated for same parity since both were drawing same scale, though the field office assistants have more experience and also worked in another cadre also. Hence the government’s approval published in the Gazetee notification of parity scales/merging in these cadres in field office and secretariat vide para (ii) of CCS(R.P) Rules 2008 page 44, cannot be violated by a particular Ministry or branch of an administration.


    Krishnan
    Last edited by krishnan09; 13-03-2010 at 07:38 PM.

  2. #2
    Senior Member jaleelethiyil is on a distinguished road
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    Post calculation of upgraded scale

    Dear Krishnaji,
    Please provide fixation chart of 6500/- scale which is now upgraded to 7450/- scale if opt the fixation after 1/1/06.My basic on 1/1/06 was 7300/- and increament is on 1/5/06.Normal fitment table is applicable to fixation on 1/1/06.Please provide the calculation if switch over to 6th cpc after 1/1/06.

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