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Thread: Fixation of Pay Under FR-22(1)(A)(1) and proviso (1) of FR-22(1) ...

  1. #1
    Junior Member dnbatsa is on a distinguished road
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    Default Fixation of Pay Under FR-22(1)(A)(1) and proviso (1) of FR-22(1) ...

    I was appointed regular UDC in Oct’ 1997 in the pay-scale of 4000-100-6000. W.e.f. January’ 1999, I was given the charge of EDP Supervisor by my Asstt.PF Commissioner. The post carries scale of 5500-175-9000 up to 2009 .

    In the 6th CPC, the Section Supervisor and EDP Supervisor both were given Grade-pay of Rs.4200/-.

    The post of EDP Supervisor was now merged/upgraded with Assistant Programmer with grade pay 4600/- w.e.f.2009.

    I was given 5% deputation allowance by the Regional PF Commissioner i the year 2000 for discharging duties as EDP Supervisor. In July’2002, the officer-incharge (assistant pf commissioner), himself snatched the duties of EDP Supervisor from me and gave the charge to someone else. I was paid deputation allowance from Jan.1999 to Junl2002.

    I was promoted to the post of Section Supervisor w.e.f. May, 2005 in the pay-scale of 5000-150-8000 (which was upgraded to 5500-175-9000 w.e.f. 01.04.2004 and financial benefits allowed w.e.f.September’2007).

    In the year 2008, the Regional P.F. Commissioner granted me the pay-scale of 5500-175-9000, in lieu of deputation allowance for the above period and my pay was fixed Rs.5500/- in Jan’1999, accordingly Rs.6025/- upto July’2002 in the pay-scale of 5500-175-9000 in lieu of deputation allowance.

    I was allowed the pay-scale of EDP Supervisor for discharging the duties. Only an office order was issued by Regional PF Commissioner for allowing me 5% deputation allowance and later on through an office order the 5% deputation allowance was replaced with pay-scale. I assume that the officer orders issued by Assistant PF Commissioner for discharging the duties of EDP Supervisor and the orders issued by Regional PF Commissioner allowing me deputation allowance and pay-scale of that post means that It was my appointment to the post of EDP Supervisor.

    It was again re-fixed in the pay-scale of Rs.4000-100-6000 w.e.f. Aug’2002, and reduced to Rs.4400/-, further fixed Rs.5500/- w.e.f. May, 2005 (financial benefits w.e.f. September, 2007) on regular promotion to the post of Section Supervisor in the pay-scale of Rs.5500-175-9000.

    In FR-22(1)(A)(1) and proviso (1) of FR-22(1), the situation is that “If a person has previously held a regular post, appointed or officiated to a permanent or a temporary post is reverted to substantive post and thereafter appointed to another post on regular basis, the his initial pay shall not be less that the pay which he drew on the last occasion before reversion to substantive post”. A copy of page no.181 of Swamy’s Pay Rules Made Easy is enclosed for ready reference (Illustration No.17).

    In toto, the scenario is that “I was regular UDC in the pay-scale of Rs.4000-6000 and allowed pay-scale of Rs.5500-9000 for discharging duties of EDP Supervisor (benefits allowed retrospectively from Jan’1999 to July’2002. In July’2002, when the charge was given to someone else, my pay was Rs.6025/- in the pay-scale of Rs.5500-9000. I was appointed regular Section Supervisor in the pay-scale of Rs.5000-8000 w.e.f. May’2005 and pay was fixed Rs.5000/-, later on the scale of Section Supervisor was upgraded to Rs.5500-9000 and my pay was fixed Rs.5500/- w.e.f. May’2005 with financial benefits w.e.f. September’2007.”

    Now kindly let me know whether my pay should be fixed Rs.6025/- [Under FR-22(1)(A)(1) and proviso (1) of FR-22(1)] w.e.f. May, 2005 (Financial Benefits w.e.f. September,2007) and period of six months from Jan’2002 to July, 2002 should be counted for increment or not.

  2. #2
    Senior Member Victor is on a distinguished road
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    It appears that the post of EDP Supervisor is an ex-cadre post. In such cases, proviso 1(iii) will be attracted and the benefit of protection of pay will be admissible only if the following condidtions are met:

    "(a) The Govt. servant should have been approved for appointment to the particular grade or post in which the previous service is to be counted;
    (b) All his seniors, except those regarded as unfit for such appointment, were serving in posts carrying the scale of pay in which benefit is to be allowed or in higher posts, whether in the Department itself or elsewhere and at least one junior was holding a post in that Department carrying the scale of pay in which the benefit is to be allowed; and
    (c) The service will count from the date his junior is promoted on a regular basis and the benefit will be limited to the period the Govt. servant would have held the post in his parent cadre had he not been appointed to the ex cadre post."


    Victor

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