Quote Originally Posted by susant270774 View Post
The CAT allahabad order implemented & the CAT case are filled in Secundrabad & Chandigarh is also given fixation to other category of employee & the DOPT has given the ruling the link given below
http://www.gconnect.in/orders-in-bri...structure.html
So far DOPT office vide OM dated 3.1.2014 is following MOF OM dated 13.9.2008 in regard to pay fixation of upgraded posts inspite of Illustration 4A is applicable for pay fixation of upgraded posts. Both DOPT,MOF and C&AG officers are ignorant of pay fixation formula of Illustration 4A in which bunching is added for upgraded posts. As per this illustration an officer(5000-8000) who upgraded in 6500-10500 by 6CPC and whose basic pay was Rs 6200 as on 1.1.2006 should be fixed as follows: 6200x1.86=11532(11540) with four bunching as the officer has completed eight span in scale 5000-8000 as on 1.1.2006. The result is Rs.11820 { increased @3% without grade pay from minimum scale of 9300-34700 which is next stage of Rs 11540} plus four bunching 12180, 12550, 12930, 13320. Thus this officer of basic pay Rs. 6200 as on 1.1.2006 should be fixed at Rs. 13320 + Rs 4200 grade pay as on 1.1.2006 in terms of Illustration 4A. In case of officer whose scale of 5000-8000 is upgraded to 7450-11500 also the same is applicable with grade pay Rs 4600. All posts which placed higher pre-revised scale (other than normal) by 6CPC are eligible. Accordingly, Steno Grade II, Head clerk etc.(5000-8000) who placed at 6500-10500 by 6CPC will be eligible the above pay fixation benefits. Unfortunately, fitment tables which do not corporate bunching benefits are adopted by MOF, DOPT and C&AG officers in violation of Rule 7 and Note of CCS(RP) Rules,2008 as clarification. Clarification cannot overrule statutotary rules as per multiple Supreme Court rulings. C&AG officers also wrongly interpreted Illustration 4A in their letter dated 15.6.2011. They interpreted bunching in terms of Forth CPC provisons in which no Illustration 4A was given. They forget that Illustration 4A is a part of rules of 2008 and all previous 4CPC rules was absolute w.e.f.1.1.1986. I hope this story will answer Mr.Victor's issue.