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

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  1. #1
    Member krishnan09 is on a distinguished road
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    Default CSS assistants are not alone eligible for GP4600 and fixation in 7450-11,500

    CSS assistants are not alone eligible for GP4600 and fixation in 7450-11,500 . If the common categories including field staff are eligible for the same pre-revised scale, the CSS also eligible from 1.1.2006.

    I am compelled to quote the relevant paragraphs of CPC report and its approval portion from Gazettee Notification in order to substantiate the demand for parity among field offices and Secretariat.

    The grade pay has been computed at the rate of 40% of the maximum of the basic pay in each of the pre-revised pay scale. Where two or more pre-revised pay scales have been merged the maximum of the highest pre-revised pay scale has been taken and 40% thereof is given as grade pay. (Para 2.2.21 (ii)

    It is seen from the clarifications and reply given by various Ministries that those who were in the scale of 6500-10,500 as on 1.1.2006 are eligible for GP4600. So all those who were in those three scales (5000, 5500 and 6500) are given the scale 6500-10,500 and hence they were given first GP4200 (is 40% of 10,500). So as per OM dated 13.11.2009, those who were granted 4200 GP are eligible for GP4600 ie , due to upgradation of pay scale to 7450-11,500(40% of 11,500 is 4600)


    As per para 2.2.19 Scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10,500 have been merged to bring parity between field offices; the Secretariat; the technical posts’ and the workshop staff. This was necessary to ensure that due importance is given to the levels concerned with actual delivery. Large number of anomalies were created due to the placement of Inspectors/equivalent posts in CBDT/CBEC and Assistants/Personal Assistants of CSS/CSSS in the scale of rs.6500-10,500. The scales of Rs.5500-175-9000 and Rs.6500-200-10,500 in any case, had to be merged to resolve these anomalies.


    Para 3.1.3. Higher pay scales in the Secretariat offices may have been justified in the past when formulation of proper policies was of paramount importance. The present position is different. Today, the weakest link in respect of any government policy is at the delivery stage. This phenomenon is not endemic to India. Internationally also, there is an increasing emphasis on strengthening the delivery lines and decentralization with greater role being assigned at delivery points which actually determines the benefit that the common citizen is going to derive out of any policy initiative of the government. The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant.


    Para 3.1.14 . In accordance with the principles established in the earlier paragraphs, parity between Field and Secretariat offices is recommended. This will involve merger of few grades. In the Stenographers cadre, the posts of Stenographers grade II and Grade 1 in the existing scales of Rs.4500-7000/Rs.5000-8000 and Rs.5500-9000 will, therefore stand merged and be placed in the higher pay scale of Rs.6500-10,500. In the case of ministerial post in the non-secretariat offices, the posts of Head Clerks, Assisitants, Office Superintendent and Administative Officers grade. III in the respective pay scales of rs.5000-8000, Rs.5500-9000 and Rs.6500-10,500 will stand merged.


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


    Para 3.8.3(g). As a measure of delayering, the Commission has recommended merger of the pay scales of Rs.5000-8000, 5500-9000 and Rs.6500-10,500. In a large number of cases, posts in these pay scales have existed as feeder and promotion post……
    In all such cases, the interests of personnel in the erstwhile promotion grade have been protected by ensuring that their seniority as well as higher pay is kept intact in the revised running pay bands being recommended by the Commission.


    Though the pay commission suggested merger of these three scales to bring parity, the government not only merged these scales, but also upgraded to 7450-11,500 and thereby they are entitled for Grade pay of 4600/- ie., 40% of 11,500 vide Part B, Section I(ii) of the Gazette Notification. Therefore, the revised pay of these scales will be 7450-11,500 from 1.1.2006 and there fixations are to be done as per Rule 7(1)(A)(ii) . ie., if the minimum of the revised pay band/pay scale is more than the amount arrived by multiplication with 1.86, the pay shall be fixed at the minimum of the revised pay band/pay scale. The revised pay scales for these common categories of Staff (for both Secretariat and field) is reflected Part B of page No.44, which is 7450-11,500 w.e.f. 1.1.2006. For all other posts, the government has separately mentioned under Section II, such as present posts, Revised pay scale, Pay Band, Grade Pay etc wherein the Section Officer/PS have been reflected separately. This is a very relevant document to prove that there is no special scale for CSS assistants alone, but they are entitled for fixation in 7450-11,500 w.e.f. 1.1.2006 along with field office. Further, these eligibility of GP 4600 for field offices in the merged scales have been reiterated by MOF in the RTI replies also.


    The government also did not approve any special scale to those Assistants in CSS otherwise it would have been reflected in the Gazetee Notification as was done for the Section Officers in page No.44. (“Section II).

  2. #2
    Senior Member Ramnath is on a distinguished road
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    Default Why 5000 was merged with 6500 scale - clarification

    Dear Friends (Sectt and field office),
    The reason why 5000 scale was merged with 6500 and granted 4200 gpay initially by 6th PCommn:

    A person Steno D (Steno-III in field office/UDC who gets appointed in Sectt will get promotion to 5500 scale (as it was revised in Sectt office alone to 1640 & 5500 scale Upto 15.9.2006).

    Because of this even for appointment as Steno Grade C (Steno Grade-II in fleld office)/Assistants persons were getting only 5000 scale in field office and given 5500 scale in Sectt office.

    No revision took place in Field office to 1640 (5500 scale) and then to 6500 scale also. They remained in 1400 (5000 basic) whereas Assistants/Grade C were alone given 6500 basic.

    UDC/Steno D who joins in Sectt gets his next promo scale as 5500 (now after 15.9.2006, 6500 scale and then now upgraded to 7450 equilvalent given 4600 gpay).

    UDC/Steno D who joins in fielf office gets his next promo to scale 4500 or 5000, then 5500 then 6500 and then to 7450 now. Now this stands reduced to 4200 (6500 scale) straightaway.


    This was corrected not to fully extent. 6th pc simply merged the scales without going thro the details of posts. When Assistants of Sect were given 6500 scale on 15.9.2006, the field office Gaz officers still existed in 6500 scale and no upgradation was given as given to SOs. That is the reason why field office Gaz officers have been placed (on par.... actaully not on par) with non-gaz officers of Sectt.

    I should say that Assistants of Sectt also got their pay upgraded only by showing some reference to Supreme Court people and Inspectors of CE/IT and got two upgradations. Likewise when PCommission itself had removed this anamoly, the Govt again trying to keep disparity alive. That is why, field office people are asking for parity and are not all against Sectt staff.

    This is for friends of both Sectt and field staff.

    I hope way out will come soon.
    Ramnath

  3. #3
    Junior Member kp_rajan is on a distinguished road
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    Default

    Quote Originally Posted by krishnan09 View Post
    CSS assistants are not alone eligible for GP4600 and fixation in 7450-11,500 . If the common categories including field staff are eligible for the same pre-revised scale, the CSS also eligible from 1.1.2006.

    I am compelled to quote the relevant paragraphs of CPC report and its approval portion from Gazettee Notification in order to substantiate the demand for parity among field offices and Secretariat.

    The grade pay has been computed at the rate of 40% of the maximum of the basic pay in each of the pre-revised pay scale. Where two or more pre-revised pay scales have been merged the maximum of the highest pre-revised pay scale has been taken and 40% thereof is given as grade pay. (Para 2.2.21 (ii)

    It is seen from the clarifications and reply given by various Ministries that those who were in the scale of 6500-10,500 as on 1.1.2006 are eligible for GP4600. So all those who were in those three scales (5000, 5500 and 6500) are given the scale 6500-10,500 and hence they were given first GP4200 (is 40% of 10,500). So as per OM dated 13.11.2009, those who were granted 4200 GP are eligible for GP4600 ie , due to upgradation of pay scale to 7450-11,500(40% of 11,500 is 4600)


    As per para 2.2.19 Scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10,500 have been merged to bring parity between field offices; the Secretariat; the technical posts’ and the workshop staff. This was necessary to ensure that due importance is given to the levels concerned with actual delivery. Large number of anomalies were created due to the placement of Inspectors/equivalent posts in CBDT/CBEC and Assistants/Personal Assistants of CSS/CSSS in the scale of rs.6500-10,500. The scales of Rs.5500-175-9000 and Rs.6500-200-10,500 in any case, had to be merged to resolve these anomalies.


    Para 3.1.3. Higher pay scales in the Secretariat offices may have been justified in the past when formulation of proper policies was of paramount importance. The present position is different. Today, the weakest link in respect of any government policy is at the delivery stage. This phenomenon is not endemic to India. Internationally also, there is an increasing emphasis on strengthening the delivery lines and decentralization with greater role being assigned at delivery points which actually determines the benefit that the common citizen is going to derive out of any policy initiative of the government. The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant.


    Para 3.1.14 . In accordance with the principles established in the earlier paragraphs, parity between Field and Secretariat offices is recommended. This will involve merger of few grades. In the Stenographers cadre, the posts of Stenographers grade II and Grade 1 in the existing scales of Rs.4500-7000/Rs.5000-8000 and Rs.5500-9000 will, therefore stand merged and be placed in the higher pay scale of Rs.6500-10,500. In the case of ministerial post in the non-secretariat offices, the posts of Head Clerks, Assisitants, Office Superintendent and Administative Officers grade. III in the respective pay scales of rs.5000-8000, Rs.5500-9000 and Rs.6500-10,500 will stand merged.


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


    Para 3.8.3(g). As a measure of delayering, the Commission has recommended merger of the pay scales of Rs.5000-8000, 5500-9000 and Rs.6500-10,500. In a large number of cases, posts in these pay scales have existed as feeder and promotion post……
    In all such cases, the interests of personnel in the erstwhile promotion grade have been protected by ensuring that their seniority as well as higher pay is kept intact in the revised running pay bands being recommended by the Commission.


    Though the pay commission suggested merger of these three scales to bring parity, the government not only merged these scales, but also upgraded to 7450-11,500 and thereby they are entitled for Grade pay of 4600/- ie., 40% of 11,500 vide Part B, Section I(ii) of the Gazette Notification. Therefore, the revised pay of these scales will be 7450-11,500 from 1.1.2006 and there fixations are to be done as per Rule 7(1)(A)(ii) . ie., if the minimum of the revised pay band/pay scale is more than the amount arrived by multiplication with 1.86, the pay shall be fixed at the minimum of the revised pay band/pay scale. The revised pay scales for these common categories of Staff (for both Secretariat and field) is reflected Part B of page No.44, which is 7450-11,500 w.e.f. 1.1.2006. For all other posts, the government has separately mentioned under Section II, such as present posts, Revised pay scale, Pay Band, Grade Pay etc wherein the Section Officer/PS have been reflected separately. This is a very relevant document to prove that there is no special scale for CSS assistants alone, but they are entitled for fixation in 7450-11,500 w.e.f. 1.1.2006 along with field office. Further, these eligibility of GP 4600 for field offices in the merged scales have been reiterated by MOF in the RTI replies also.


    The government also did not approve any special scale to those Assistants in CSS otherwise it would have been reflected in the Gazetee Notification as was done for the Section Officers in page No.44. (“Section II).

    I agree with the views of Sh Krishnan on fixation under Rule 7(1)(A)(ii).

  4. #4
    Senior Member Victor is on a distinguished road
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    Shri Krishnan has expressed the following:

    "...Though the pay commission suggested merger of these three scales to bring parity, the government not only merged these scales, but also upgraded to 7450-11,500 and thereby they are entitled for Grade pay of 4600/- ie., 40% of 11,500 vide Part B, Section I(ii) of the Gazette Notification. Therefore, the revised pay of these scales will be 7450-11,500 from 1.1.2006 and there fixations are to be done as per Rule 7(1)(A)(ii) . ie., if the minimum of the revised pay band/pay scale is more than the amount arrived by multiplication with 1.86, the pay shall be fixed at the minimum of the revised pay band/pay scale..."

    The 6CPC recommended the merger of four pre-revised scales viz. 5000-8000, 5500-9000, 6500-6900, 6500-10500 and recommended the normal replacement grade pay of Rs. 4200. However, the 6CPC also recommended that in case the posts in a particular cadre hierarchy cannot be merged on functional consideration, then the scale of 6500-10500 would be upgraded to 4600 GP. Prior consultation with FinMin was made necessary for the upgradation. So the recommendations of the 6CPC could vary from cadre to cadre. Whereas in some cadres the scales of 5000 & 5500 could be merged and given GP 4200, and the scales of 6500 & 7450 could be merged and given GP 4600, in other cadres the scales of 5000, 5500 and 6500 could stand merged and GP 4200.

    The Government subsequently vide OM dated 13.11.2009 available at (http://finmin.nic.in/6cpc/omdated131...00gradepay.pdf) simplified the procedure of upgradation of 6500 scale to 4600 GP in view of the "large number of reference from administrative ministries/departments proposing upgradation of the posts which were in the pre-revised scale of Rs. 6500-10500 as on 1.1.2006 by granting them grade pay of Rs. 4600 in the pay band PB-2...". So as things stands today, the scales of 5000-8000, 5500-9000, 6500-6900 are merged and given replacement GP of Rs. 4200, while the scale of 6500-10500 and 7450-11500 are merged and given GP 4600. So the contention of Shri Krishnan that all the scales stands merged and upgraded to 7450 and given GP 4600 is not correct. Imagine a cadre where posts exists at each of the 4 levels viz. 5000, 5500, 6500 & 7450 (ranging from a Group C official to a Group B gazetted officer) and they are all merged and given the same GP 4600.

    The reference to Rule 7(1)(A)(ii) and the method of fixation which Shri Krishnan has prescribed is also erroneous. The rule simply says that if the "existing basic pay" when multiplied by a factor 1.86 is less than the minimum of the revised pay band then the pay shall be fixed at the minimum of the revised pay band. For eg. an official drawing Rs. 8000 BP in the pre-revised scale of 8000-13500 and given the replacement grade pay of 5400 in PB-3, when multiplied with 1.86 comes to 14,880. But since this figure is less than then the minimum of the PB-3 i.e. 15600, the pay of the official will be fixed at the minimum i.e. 15,600.

    The views on the issue of parity between field and the secretariat offices up to the level of Assistant as recommended by the 6CPC and also accepted by the Government are fully supported.

    Comments/views are welcome.

    Victor
    (pva)

  5. #5
    Member krishnan09 is on a distinguished road
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    Default Expression is not mine, it is of MOF vide page No.44 of Gazettee notification

    Quote Originally Posted by Victor View Post
    Shri Krishnan has expressed the following:

    "...Though the pay commission suggested merger of these three scales to bring parity, the government not only merged these scales, but also upgraded to 7450-11,500 and thereby they are entitled for Grade pay of 4600/- ie., 40% of 11,500 vide Part B, Section I(ii) of the Gazette Notification. Therefore, the revised pay of these scales will be 7450-11,500 from 1.1.2006 and there fixations are to be done as per Rule 7(1)(A)(ii) . ie., if the minimum of the revised pay band/pay scale is more than the amount arrived by multiplication with 1.86, the pay shall be fixed at the minimum of the revised pay band/pay scale..."

    The 6CPC recommended the merger of four pre-revised scales viz. 5000-8000, 5500-9000, 6500-6900, 6500-10500 and recommended the normal replacement grade pay of Rs. 4200. However, the 6CPC also recommended that in case the posts in a particular cadre hierarchy cannot be merged on functional consideration, then the scale of 6500-10500 would be upgraded to 4600 GP. Prior consultation with FinMin was made necessary for the upgradation. So the recommendations of the 6CPC could vary from cadre to cadre. Whereas in some cadres the scales of 5000 & 5500 could be merged and given GP 4200, and the scales of 6500 & 7450 could be merged and given GP 4600, in other cadres the scales of 5000, 5500 and 6500 could stand merged and GP 4200.

    The Government subsequently vide OM dated 13.11.2009 available at (http://finmin.nic.in/6cpc/omdated131...00gradepay.pdf) simplified the procedure of upgradation of 6500 scale to 4600 GP in view of the "large number of reference from administrative ministries/departments proposing upgradation of the posts which were in the pre-revised scale of Rs. 6500-10500 as on 1.1.2006 by granting them grade pay of Rs. 4600 in the pay band PB-2...". So as things stands today, the scales of 5000-8000, 5500-9000, 6500-6900 are merged and given replacement GP of Rs. 4200, while the scale of 6500-10500 and 7450-11500 are merged and given GP 4600. So the contention of Shri Krishnan that all the scales stands merged and upgraded to 7450 and given GP 4600 is not correct. Imagine a cadre where posts exists at each of the 4 levels viz. 5000, 5500, 6500 & 7450 (ranging from a Group C official to a Group B gazetted officer) and they are all merged and given the same GP 4600.

    The reference to Rule 7(1)(A)(ii) and the method of fixation which Shri Krishnan has prescribed is also erroneous. The rule simply says that if the "existing basic pay" when multiplied by a factor 1.86 is less than the minimum of the revised pay band then the pay shall be fixed at the minimum of the revised pay band. For eg. an official drawing Rs. 8000 BP in the pre-revised scale of 8000-13500 and given the replacement grade pay of 5400 in PB-3, when multiplied with 1.86 comes to 14,880. But since this figure is less than then the minimum of the PB-3 i.e. 15600, the pay of the official will be fixed at the minimum i.e. 15,600.

    The views on the issue of parity between field and the secretariat offices up to the level of Assistant as recommended by the 6CPC and also accepted by the Government are fully supported.

    Comments/views are welcome.

    Victor
    (pva)
    Dear Friend.

    It is not my expression. It is published in the gazettee notification that those THREE SCALES were merged . I repeat what is the relevant of 'THREE" in page No.44 (ie., 5500, 5500 and 6500). These scales merged and upgraded to 7450-11,500 and that is why, when the UDCs(pre-4000-6000) were promoted to Assistants, they were fixed in the merged and upgraded and scale of 7450-11,500. Please note it is neither my expression nor my views, it is done by MOF and other Ministries in CSS. But I am not agreeing to it. Please understand this is not my expression and it is a part of debate on the subject based on documentary proof and not my views.

    Further comments are welcome.

  6. #6
    Senior Member Victor is on a distinguished road
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    Dear Friend.

    It is not my expression. It is published in the gazettee notification that those THREE SCALES were merged . I repeat what is the relevant of 'THREE" in page No.44 (ie., 5500, 5500 and 6500). These scales merged and upgraded to 7450-11,500 and that is why, when the UDCs(pre-4000-6000) were promoted to Assistants, they were fixed in the merged and upgraded and scale of 7450-11,500. Please note it is neither my expression nor my views, it is done by MOF and other Ministries in CSS. But I am not agreeing to it. Please understand this is not my expression and it is a part of debate on the subject based on documentary proof and not my views.

    Further comments are welcome.

    The CCS(RP) Rules, 2008 merged the scales of 5000, 5500 & 6500 and replaced them with GP 4200. These scales have never been "merged and upgraded to 7450-11,500" as claimed by Shri Krishnan. Consequent to issue of OM dated 13/11/2009 available at (http://finmin.nic.in/6cpc/omdated131...00gradepay.pdf) the scales of 5000 & 5500 have been merged and replaced with GP 4200 and the scales of 6500 & 7450 merged and replaced with GP 4600.

    Further, Rule 7(1)(A)(ii) of CCS(RP) Rules, 2008 is being intepreted wrongly. Rule 7(1)(A)(ii) states that:

    "if the minimum of the revised pay band/pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;"

    So in the case of upgradaton of 6500 scale by granting them 4600 GP (as per OM dated 13/11/2009), the "minimum of the revised pay band/pay scale" is Rs. 9300 i.e. the minimum of PB-2 and the "amount arrived at as per (i) above" is pay DRAWN as on 1.1.2006 multiplied with a factor of 1.86 and rounded off. So if a person is drawing Rs. 6500 in the pre-revised scale of Rs. 6500-10500 as on 1.1.2006, then the amount arrived at as per Rule 7(1)(A)(i) is Rs. 6500x1.86 i.e. Rs. 12,090/-. As the minimum of the "revised pay band" i.e. PB-2 is Rs. 9300, which is certainly not more than the "amount arrived at as per (i) above" i.e. Rs. 12,090/- the pay in the pay band will be fixed at Rs. 12,090 with GP of 4600/-.

    Further, it may be noted that the phrase "pay scale" in Rule 7(1)(A) refers to HAG and HAG+ scales in the revised pay structure and not to upgraded pre-revised scales.

    Comments/view of all are welcome.

    Victor
    (pva)

  7. #7
    Member krishnan09 is on a distinguished road
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    Default Merging and upgradation ?

    Dear Mr.Victor

    1. Can you give me appropriate reply on what ground the pay of the UDC(pre-4000-6000) consequent upon his promotion to Assistant was fixed at the minimum of 7450x1.86+4600 after 1.1.2006/6th cpc.

    2. Whether this is done consequent upon the merging and upgrdation or not?

    3. Also I would like know whether the CSS who have fixed as per rule 7(A)(1)(ii) are going to refund the arrears after fixing in the new pay band fixing at the minimum ie., 9300+4600 as pronounced by you, as there is no separate FR for CSS and field offices.

    4. Another question, whether, these UDCs are promoted to Assistants strictly as per OM dated 16.11.2009 after attending All-India Competitive examination meant for Assistants in CSS.

    5. Also I ask you whether GP 4800 granted to the merged scales of 6500-10,500 and 7450-11,500 is correct or wrong.You may even say that this is my interpretation. Sorry I never interpret, but I reproduce the same for healthy debates to arrive at a conclusion and correct the mistakes if any. This I heard is done by Controller General of Accounts (Ministry of Finance).

    6. Kindly tell me the reference page number/para of the Gazette Notification in which the scale of pay of CSS Assistants alone have been revised as was revised for the CSS Section Officers vide page No.44.
    Regards
    krishnan
    Last edited by krishnan09; 11-08-2010 at 07:05 AM.

  8. #8
    Junior Member kp_rajan is on a distinguished road
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    Quote Originally Posted by Victor View Post
    The CCS(RP) Rules, 2008 merged the scales of 5000, 5500 & 6500 and replaced them with GP 4200. These scales have never been "merged and upgraded to 7450-11,500" as claimed by Shri Krishnan. Consequent to issue of OM dated 13/11/2009 available at (http://finmin.nic.in/6cpc/omdated131...00gradepay.pdf) the scales of 5000 & 5500 have been merged and replaced with GP 4200 and the scales of 6500 & 7450 merged and replaced with GP 4600.

    Further, Rule 7(1)(A)(ii) of CCS(RP) Rules, 2008 is being intepreted wrongly. Rule 7(1)(A)(ii) states that:

    "if the minimum of the revised pay band/pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;"

    So in the case of upgradaton of 6500 scale by granting them 4600 GP (as per OM dated 13/11/2009), the "minimum of the revised pay band/pay scale" is Rs. 9300 i.e. the minimum of PB-2 and the "amount arrived at as per (i) above" is pay DRAWN as on 1.1.2006 multiplied with a factor of 1.86 and rounded off. So if a person is drawing Rs. 6500 in the pre-revised scale of Rs. 6500-10500 as on 1.1.2006, then the amount arrived at as per Rule 7(1)(A)(i) is Rs. 6500x1.86 i.e. Rs. 12,090/-. As the minimum of the "revised pay band" i.e. PB-2 is Rs. 9300, which is certainly not more than the "amount arrived at as per (i) above" i.e. Rs. 12,090/- the pay in the pay band will be fixed at Rs. 12,090 with GP of 4600/-.

    Further, it may be noted that the phrase "pay scale" in Rule 7(1)(A) refers to HAG and HAG+ scales in the revised pay structure and not to upgraded pre-revised scales.

    Comments/view of all are welcome.

    Victor
    (pva)
    If I am not mistaken the pay scale refers to arena of th CPC and pay band of 6th CPC. Both should not be taken as one for any purpose. Pl clarify. If that be so, the contention of fixation under Rule 7(1)(A)(ii) finds support, lest the said Rule is baseless as the minimum of the pay band in 6th CPC arena is always more than the existing emoluments for all group B, C & D staff.

  9. #9
    Junior Member rameshwarsingh is on a distinguished road
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    Quote Originally Posted by Victor View Post
    Shri Krishnan has expressed the following:

    "...Though the pay commission suggested merger of these three scales to bring parity, the government not only merged these scales, but also upgraded to 7450-11,500 and thereby they are entitled for Grade pay of 4600/- ie., 40% of 11,500 vide Part B, Section I(ii) of the Gazette Notification. Therefore, the revised pay of these scales will be 7450-11,500 from 1.1.2006 and there fixations are to be done as per Rule 7(1)(A)(ii) . ie., if the minimum of the revised pay band/pay scale is more than the amount arrived by multiplication with 1.86, the pay shall be fixed at the minimum of the revised pay band/pay scale..."

    The 6CPC recommended the merger of four pre-revised scales viz. 5000-8000, 5500-9000, 6500-6900, 6500-10500 and recommended the normal replacement grade pay of Rs. 4200. However, the 6CPC also recommended that in case the posts in a particular cadre hierarchy cannot be merged on functional consideration, then the scale of 6500-10500 would be upgraded to 4600 GP. Prior consultation with FinMin was made necessary for the upgradation. So the recommendations of the 6CPC could vary from cadre to cadre. Whereas in some cadres the scales of 5000 & 5500 could be merged and given GP 4200, and the scales of 6500 & 7450 could be merged and given GP 4600, in other cadres the scales of 5000, 5500 and 6500 could stand merged and GP 4200.

    The Government subsequently vide OM dated 13.11.2009 available at (http://finmin.nic.in/6cpc/omdated131...00gradepay.pdf) simplified the procedure of upgradation of 6500 scale to 4600 GP in view of the "large number of reference from administrative ministries/departments proposing upgradation of the posts which were in the pre-revised scale of Rs. 6500-10500 as on 1.1.2006 by granting them grade pay of Rs. 4600 in the pay band PB-2...". So as things stands today, the scales of 5000-8000, 5500-9000, 6500-6900 are merged and given replacement GP of Rs. 4200, while the scale of 6500-10500 and 7450-11500 are merged and given GP 4600. So the contention of Shri Krishnan that all the scales stands merged and upgraded to 7450 and given GP 4600 is not correct. Imagine a cadre where posts exists at each of the 4 levels viz. 5000, 5500, 6500 & 7450 (ranging from a Group C official to a Group B gazetted officer) and they are all merged and given the same GP 4600.

    The reference to Rule 7(1)(A)(ii) and the method of fixation which Shri Krishnan has prescribed is also erroneous. The rule simply says that if the "existing basic pay" when multiplied by a factor 1.86 is less than the minimum of the revised pay band then the pay shall be fixed at the minimum of the revised pay band. For eg. an official drawing Rs. 8000 BP in the pre-revised scale of 8000-13500 and given the replacement grade pay of 5400 in PB-3, when multiplied with 1.86 comes to 14,880. But since this figure is less than then the minimum of the PB-3 i.e. 15600, the pay of the official will be fixed at the minimum i.e. 15,600.

    The views on the issue of parity between field and the secretariat offices up to the level of Assistant as recommended by the 6CPC and also accepted by the Government are fully supported.

    Comments/views are welcome.

    Victor
    (pva)
    As per GFR 253 only Ministry of Finance could upgrade or downgrade a post by issuing general or specific orders. OM dated 13-11-2009 is general order and OM dated 16-11-2009 is specific order. OM dated 13-11-2009 being a general order is applicable to all Ministries and OM dated 16-11-2009 for CSS, therefore, many Ministries endorsed OM 13-11-2009 to their field offices for implementation. As para 3 of operative part of OM 13-11-2009 specified only pre-revised scale of 6500 with gp 4200 as on 1-1-2006 and does not specifically mentioned "existing scale" of 6500-10500 or pre-revised scale of 6500 as on 31-12-2005 there is every possibility to enjoy gp 4600 by 5000 and 5500 who were merged and upgraded to 6500 with gp 4200 as on 1-1-2006. 1-1-2006 cannot be presumed as 31-12-2005 in service jurisprudence. What is the term merged to higher post or upgraded to higher post? It means holder of the lower post would enjoy all immunity and facilities of higher post. Therefore, DOPT vide OM dated 24-3-2009 carefully instructed to all Ministries to amend RRs of merged and upgraded posts by inserting a note that service of lower posts will be treated qualifying service equal to higher posts for promotion to next higher posts. There is no logic to forfeit immunity and facilities of 5000, 5500 or 4500 whose pay is upgraded to 6500 by 6cpc from gp4600. In my opinion Victor's view that 5000,5500 are not eligible gp4600 is wrong and Krishnan's view is valid one until MOF downgraded 5000 and 5500 from 6500 by using GFR 253.

  10. #10
    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

  11. #11
    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.

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