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Thread: CSS assistants are not alone eligible for GP4600 and fixation in 7450-11,500

  1. #21
    Senior Member jitendraacr is on a distinguished road
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    My dear Singh
    Your contention though looks good is not correct. The OM dated 13/11/09 and 16/11/09 is applicable for pre-revised pay scale of Rs.6500-10500/- only and not for those who were in the pre-revised scale of Rs.5000-8000/- or in 5500-9000/-. It only inform that Grade Pay of pre revised pay scale of 6500-10500/- has been upgraded to Rs.4600/- from 4200/- given earlier to it.
    Jitendra

  2. #22
    Junior Member rameshwarsingh is on a distinguished road
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    Quote Originally Posted by jitendraacr View Post
    My dear Singh
    Your contention though looks good is not correct. The OM dated 13/11/09 and 16/11/09 is applicable for pre-revised pay scale of Rs.6500-10500/- only and not for those who were in the pre-revised scale of Rs.5000-8000/- or in 5500-9000/-. It only inform that Grade Pay of pre revised pay scale of 6500-10500/- has been upgraded to Rs.4600/- from 4200/- given earlier to it.
    Jitendra
    Dear friends
    I never read 10,000 pages of Keshab's judgment but never overlooked the operative part that "Keshab is found guilty under terrorist act". It is duty of executor only to hang Keshab to till death. If my friend Jitendracr's view is accepted it is akin to that Keshab is not guilty.

  3. #23
    Senior Member jitendraacr is on a distinguished road
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    Quote Originally Posted by rameshwarsingh View Post
    Dear friends
    I never read 10,000 pages of Keshab's judgment but never overlooked the operative part that "Keshab is found guilty under terrorist act". It is duty of executor only to hang Keshab to till death. If my friend Jitendracr's view is accepted it is akin to that Keshab is not guilty.
    My dear friend
    Though it was not my intention, I feel that you have found my views unacceptable to you. There may be reasons to interpret the rules according to your views but it can not change the factual position. The example given by you is not FIT into the situation since in all 10000 pages it is written that Kasab is guilty. There may not be any different opinion on it. But your case is like recent controversy arises due to intentional No Ball through by Suraj Randiv to Virender Sehwag denying him his deserved century. Here opinions may be different, some will say that he has done right as every thing is fair in Love and War but some others may say that this is against the spirit of the game. Any how, if you felt offended on my words said earlier, I may only say sorry.
    Jitendra

  4. #24
    Junior Member sraudit is on a distinguished road
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    Thumbs up Very well Sir

    [QUOTE=Victor;8856]The fixation of pay of UDCs/Stenos (of CSS and 3 other services) on their promotion as Assistants/PAs is not in consonance with the provisions of the CCS(RP) Rules 2008 and subsequent clarifications issued (including OM dated 13.10.2008).

    It may be noted that the OM dated 16.11.2009 issued by MOF says that "... it has been decided to extend the pay structure of grade pay of Rs.4600 in the pay band PB-2 to Assistants...w.e.f. 1.1.2006". The order nowhere mentions the pre-revised scale of Rs.7450-11500. Further, para 2 of the OM also prescribes that pay "will be fixed again in accordance with illustration 4A".

    Everybody knows Illustration 4A given in CCS(RP) Rules, 2008 and clarified for the benefit of everybody vide OM dated 13.10.2008. As per the methodology prescribed, the fitment table of the lower pre-revised scale is to be used to arrive at the revised pay in the pay band to which the Grade Pay of the upgraded pre-revised scale is added. Para 4 of the OM dated 13.10.2008 also binds everybody by saying that "The above procedure is to adopted in all cases where pay scales have been upgraded ... including... Central Secretariat...". No separate methodology has been prescribed in case of promotions after 1.2.2006. Thus the methodology is crystal clear and supposed to be uniform for everybody irrespective of post/grade/service.

    But the MOF issued a clarification in a DOPT file which departs from the methodology of fixation in case of upgradation, only in cases where UDCs/Stenos have been promoted after 1.1.2006. Such UDCs/Stenos can have their pay fixed using the fitment table of the upgraded pre-revised scale to which the grade pay of the higher post will be added. This is certainly contradictory to Illustration 4A and the OM dated 13.10.2008.

    The grant of 7450 scale to UDCs/Stenos promoted after 1.1.2006 is illogical and erroneous. This is because the scale of any post is pre-determined and prescribed in the relevant Recruitment Rules. If the scale has to be upgraded/downgraded then the RR is modified first and consequently, all the officials appointed in that grade will get the upgraded/downgraded scale from a CUT-OFF DATE. The grant of Rs. 6500-10500 to Assistants/PAs w.e..f 15th Sept. 2006 was on these lines.

    So the scale is attached to the post and not to a person (except in case of ACP/MACP). Anybody promoted to a particular post enjoys the benefit of the pay scale prescribed in the RRs. In the instant case, the scale of 7450 is not prescribed in the RRs but the UDCs/PAs enjoy this scale in case they are promoted after 1.1.2006, whereas all other Assistants who were appointed before 1.1.2006 continue in the scale of Rs. 5500-9000. So the UDCs/PAs appointed after 1.1.2006 get the higher pre-revised scale of 7450 as a birth right, whereas all the other Assistants/PAs appointed before 1.1.2006 only get the benefit of stepping up and that too due to the benevolence of the junior opting for fixation from the date of promotion.

    So if we analyse the situation carefully, we find that all Assistants of CSS are in 5500-9000 scale as on 1.1.2006 . On 2.1.2006 a miracle happens. Mr. Kabui a UDC is appointed as Assistant and gets the benefit of 7450-11500 as his birthright. All the thousands of Assistants appointed prior to him continue in the 5500 scale but only get the benefit of stepping up of pay and that too if admissible. Further, on this very day i.e. 2.1.2006, all the superior officers of Assistants, viz. Section Officers continue in the scale of Rs. 6500-10500. Can anybody accept this situation as logical or rational from the administrative angle. The whole cadre is turned upside down as far as scales are concerned.

    If anybody asks himself the simple question as to what was the pre-revised scale of an Assistant, he will get different answers (5500, 6500, 7450) instead of a unique answer.

    The different methodology prescribed for fixation of pay for CSS and 3 other services is thus violative of the Fundamental Right to Equality.

    Let me clarify that I am not against grant of enhanced benefits to anybody in the case of upgradations of scales. I am not anti CSS or anti non-CSS. My only contention is that whatever methodology is prescribed by MOF for fixing the pay in cases of upgradations, the same should be uniformly applicable irrespective of post/grade/service in the Government of India. Such service matters are fundamental in nature and cannot be different for CSS and non-CSS. You don't have separate CCS(RP) Rules and FR&SR for CSS.

    Comments/Views of all members are welcome.

    Victor
    (pva)[/QU

    Well done sir. I would say that this statement of yours is a perfect answer to any querry on the matter. Officers at MOF giving such illogical clarification on such an important matter must read your post to get enlightened. I hope the orders will be revised in light of CCS(RP) Rules.

  5. #25
    Member susant270774 is on a distinguished road
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    Very well said , you have got the point that assistant are given undue benefit but why other with same similar situation has not extended the benefit. Now for your knowledge that SO/AAO of CAG department is also got the same benefit . I am giving some point which are very important in the case of fixation of the upgraded scale which not implemented as per 6th pC recommendation . Since 6th pC has already included the bunching benefit in the fitment chart for each & every case of fixation but whioch wrongly implemented by MOF by rule 4A which is not at all consonance of the 6th PC recommendation . So kindly go through the 6th PC recommendation & i am giving the point which is carefully to be looked into.
    As per 6th Pay commission report
    Point 1.2.18. The Commission has recommended upgradation ofcertain specific categories like Nurses, Teachers, Constabulary and Postmen keeping in view the important functions being discharged by these categories.
    Point 1.2.20 Where considered necessary, the Commission has also recommended upgradations of individual posts in order to remove these anomalies. All the individual upgradations recommended by theCommission shall, in no case, take effect before 1.1.2006.
    Point 1.2.25 .All the recommendations are inter-connected and need to be treated as an organic whole. Partial implementation of these recommendations will destroy the underlying spirit, break the common thread and bring in several anomalies and inconsistencies. The Report would, therefore, need to betreated in a holistic manner and the recommendationsconsidered as a package
    Point 7.36.77. Recommendation Technical supervisor This will necessitate some restructuring in the existing cadre along with merger of some posts which are functionally similar. The Commission, accordingly, recommends the following revised structure for the cadre of Technical Supervisors:-


    Designation
    Recommended
    pay
    scale
    Corresponding
    Pay Band &
    Designation Grade Pay
    Pay
    Band
    Grade
    Pay
    JE II ( P. Way), (Works),
    (Bridges), (Track machine),
    JE II (Mechanical),
    JE II (Electrical), JE II (Signal),
    (Tele
    5000-8000#
    PB-2
    4200
    Junior Engineer I
    5500-9000#
    PB-2
    4200
    Section Engineers
    7450-11500
    PB-2
    4600
    Senior Section Engineers
    7450-11500
    PB-2
    4600

    Point 2.2.20.para iii .The detailed fixation chart (Table 2.2.2) showing stage-wise fixation of existing employees in the revised running pay bands should be utilized in every case of fixation of pay of the concerned employees in the revised running pay bands
    Point 2.2.22 (ii) Table 2.2.2 shows stage-wise fixation of existing employees in the proposed bands w.e.f. 1.1.2006. Subject to provisions of (i) above, all the employees shall be fixed accordingly.
    Point 2.2.22 (iii) Hence, while all future increments will be on the sum of pay in the pay band and grade pay thereon, the additional increment on account of bunching at the time of initial fixation in the revised pay bands shall be computed with reference to the pay in the pay band alone. Table 2.2.2 has been prepared accordingly

    a) As per (Revised pay ) Rule 2008 Rule 7 Note 2A , the fixation of upgraded pay scale has been defined differently that the existing pay will mutillied with 1.86 nad the upgrade d grade pay shall be given & this type of fixation not being recommended by 6th PC as it is clearly indicated that fitment chat 2.2.2 will be applicable each & every case . Kindly provide the guideline of Ministry of Railways for not adopting fitment chart for each case as indicated by 6th PC recommendation. where the 6th has specifically indicated the upgradation of specific post whioch is illurated above for section engineer as they have scale of 6500-10500 but recommended pay sacle as on 1.01.2006 . so as the post of Section engineer is recommended as 7450 as on1/01/2006 then how they can fix with 6500.
    So senior member kindly b go through the 6th pC recommendation what is implemented.



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