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Thread: Anomalies in fixation, granting increment as well as promotional benefit.

  1. #1
    Senior Member soodeep is on a distinguished road
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    Question Anomalies in fixation, granting increment as well as promotional benefit.

    Dear Friends,

    1. I have been promoted to the post of Section Officer on 24.01.2005 and my pay has been fixed at 6500/- on 01.02.2005 as per FR 22(I)(a)(i). Accordingly, my pay has been fixed at 12470 + 4800 as on 01.01.2006 after giving effect of increment due on 1 February 2006 as per G.I., Ministry of Finance, O.M. dated 19.03.2012. The pay scales of 6500-200-10500 & 7450-225-11500 has been merged and upgraded to 7500-250-12000 with effect from 01.01.2006 in IA&AD for Assistant Audit Officer (There was no existence of Section Officers on and after 18 May 2009).

    2. My pay has been stepped up with respect to the pay of one of my juniors, joined on 25.01.2006 and fixed at 13,950 + 4800 with DNI 01.07.2007 as per date increment of my junior as he has not completed six months' service on 01.07.2006 (He opt to take fixation as per 6 CPC on 25.01.2006, date of his promotion). As per Rule 10 of CCS (RP) Rules, 2008, whether my annual increment was due on 01.07.2006 itself as I have completed six months' service in the revised pay scale as also mentioned in the Note 1 below the rule or not?

    3. Secondly, I have been promoted to the post of Assistant Audit Officer on 28.03.2008 (before tabled report of pay commission) and my pay has been fixed at 7900/- (7450-225-11500). The Authority treated that promotion null and void at the time of implementing recommendation of pay commission on the ground of same grade pay. But the same authority giving increment for the promotion from Audit Officer (9300-34800 +5400) to Senior Audit Officer (15600-39100+5400), mentioning different pay band, though both attracts same grade pay. Is it correct?

    4. Thirdly, no Ad-hoc Bonus (Non-productivity Linked Bonus) has been granted to me on October 2008 on the ground that I have promoted to the post of Assistant Audit Officer on 28.03.2008, which is a gazetted one. Are they right?

    If they right, why there will be no promotional benefit at the time promotion to the post of Assistant Audit Officer from Section Officer? If they are wrong, why ad-hoc bonus was not sanctioned?

    Lastly, my junior has choose to opt fixation of pay from the date of promotion i.e. 25.01.2006 itself and getting the maximum benefit i.e. 7500 X1.86. On the other hand, I have nothing to choose as I have promoted earlier.

    Is it possible to opt fixation of pay on 02.01.2006 instead of 01.01.2006 and getting one increment on 01.07.2006 itself. I don't want any increment as per OM dated 19.03.2012 (Feb to June 2006). Whether upgraded basic pay is admissible on 02.01.2006 as there was no existence of 6500-10500, 7450-11500 & 7500-12000 on that day and getting increment on 01.07.2006 or not?

    KINDLY ADVISE......
    Last edited by soodeep; 31-05-2012 at 09:06 PM.

  2. #2
    Senior Member Victor is on a distinguished road
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    My comments are as follows:

    (a) Rule 10 of CCS(RP) Rules 2008 have to be read in conjunction with Clarifiction No. 2 of OM dated 13.9.2008(http://finmin.nic.in/6cpc/fno112008dt130908.pdf) which indicates the logic of granting increments. Accordingly, increment on 1.7.2006 would be admissible only if the pay in the pay band remains unchanged during the period 1st Jan to 30th June, 2006. Alternatively, you can look at this way. The pay in the pay band could be split into two parts (x+y). The first part (x) is what you were drawing for the full six months, while the second part is the extra amount (y) which was added midway to your pay (x) to bring it at par with your junior through stepping up. So the increment on 1.7.2006 would be based on (x) which remained unchanged and then the pay would be further stepped up to (x+y). So your pay would be fixed as follows:

    01.01.2006 : Rs. 12,470 + GP 4800
    25.01.2006 : Rs. 12,470 + GP 4800 (but stepped up to 13,950 + GP 4800)
    01.07.2006 : Rs. 12,990 + GP 4800 (but stepped up to 13,950 + GP 4800)

    (b) As per Rule 13 of CCS(RP) Rules 2008 the benefit of pay fixation will be given only when the grade pay changes. Hence, you were not entitled to this benefit when you were pomoted from SO to AAO as there was no change in the grade pay. As regards benefit of pay fixation on promotion from Audit Officer (9300-34800 +5400) to Senior Audit Officer (15600-39100+5400), perhaps the logic applied was that this constituted two different levels in the hierarchy of grade pays recommended by 6CPC, and also maybe on the analogy of financial upgradation under MACP Scheme from PB2+GP5400 to PB3+GP5400, where such benefit is admissible treating them as separate grade pays.

    (c) As regards Ad-hoc Bonus (Non-productivity Linked Bonus) the same is governed by separate rules under which bonus is not admissible to gazetted officers. Bonus is meant for subordinate staff only and officers should not crave for it. Everything should not be looked at from a monetary angle and one should ensure that the dignity and sanctity of the post he's holding, is always maintained.

    (d) With the merger of scales with a "view to de-layer the Government by cutting down the number of hierarchical levels", your cadre needs to be suitably restructured. Hence, ideally there should be no promotions between same grade pays in future.

    (e) Your junior by opting to migrate on the date of promotion i.e. 25.01.2006, had to sacrifice his arrears for the period 1.1.2006 to 24.1.2006. In your case this did not happen and you also got your pay stepped up w.e.f. 25.01.2006. So in the end who got the maximum benefit?

    (f) Under CCS(RP) Rules 2008, there is no provision for migration from an arbitrary date, for eg. 2.1.2006 as desired by you.

    Victor
    Last edited by Victor; 31-05-2012 at 10:26 PM.

  3. #3
    Senior Member soodeep is on a distinguished road
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    Thanks.

    One request.. Is it possible to download CCS(RP) Rules, 1986 along with clarifications either from your site, if any or providing any link to download the same.

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