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Thread: Pay fixation upon grant of Non-Functional scale after 01.1.06

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    Junior Member Prachi Arora is on a distinguished road
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    Default Pay fixation upon grant of Non-Functional scale after 01.1.06

    1. Afterimplementation of the 6th CPC recommendations, when an employee is promoted,he/she is entitled for an increment @ 3% of basic pay (pay in pay band + gradepay), plus the grade pay of the higher post. However, if the post is up-graded due to cadre review, the benefit ofincrement @3% is not admissible.

    2. Priorto 6th CPC, there was certain difference between the pay-fixationunder FR 22(I)(a)(1) and that under FR 22(I)(a)(2), but it is understood thatthis difference has been made redundant, as described in para 2.2.13(ii) of the6th CPC report.

    3. Mypresumption is that in the post 6th CPC scenario, whenever anemployee moves from one grade pay to the higher grade pay, he/ she is entitledfor benefit of for an increment @ 3% of basic pay, plus the higher grade pay;provided such movement into higher grade pay is not as a result of cadrereview/re-structuring. Such benefit isnow admissible in all the situations, i.e., on promotion to a post carryinghigher responsibility/ on promotion to a post NOT carrying higherresponsibility/ grant of Non-functional grade; Is my presumption correct ?

    4. Incase the promotional post involves assumption of distinct higherresponsibilities, but carries the same grade pay as the feeder post, whether one is entitled for the benefit ofincrement @ 3% ; or for any other benefit ?

    5. Ifthere are any specific orders / clarifications of GoI on such situationsdescribed in para 3 and 4 above, please be kind enough to indicate the same.

    Prachi Arora

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    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by Prachi Arora View Post
    1. Afterimplementation of the 6th CPC recommendations, when an employee is promoted,he/she is entitled for an increment @ 3% of basic pay (pay in pay band + gradepay), plus the grade pay of the higher post. However, if the post is up-graded due to cadre review, the benefit ofincrement @3% is not admissible.

    2. Priorto 6th CPC, there was certain difference between the pay-fixationunder FR 22(I)(a)(1) and that under FR 22(I)(a)(2), but it is understood thatthis difference has been made redundant, as described in para 2.2.13(ii) of the6th CPC report.

    3. Mypresumption is that in the post 6th CPC scenario, whenever anemployee moves from one grade pay to the higher grade pay, he/ she is entitledfor benefit of for an increment @ 3% of basic pay, plus the higher grade pay;provided such movement into higher grade pay is not as a result of cadrereview/re-structuring. Such benefit isnow admissible in all the situations, i.e., on promotion to a post carryinghigher responsibility/ on promotion to a post NOT carrying higherresponsibility/ grant of Non-functional grade; Is my presumption correct ?

    4. Incase the promotional post involves assumption of distinct higherresponsibilities, but carries the same grade pay as the feeder post, whether one is entitled for the benefit ofincrement @ 3% ; or for any other benefit ?

    5. Ifthere are any specific orders / clarifications of GoI on such situationsdescribed in para 3 and 4 above, please be kind enough to indicate the same.

    Prachi Arora
    Rule 13 of CCS(RP) Rules, 2008 provides the pay fixation formula on "promotion from one grade pay to another".

    Clarification No. 2 of MOF OM dated 13.9.2008 also provides the pay fixation formula if option for pay fixation is given from the date of increment in the lower scale, under FR 22(I)(a)(1). (http://finmin.nic.in/6cpc/fno112008dt130908.pdf)

    So far, post 6CPC there is no mention of the pay fixation formula under FR 22(I)(a)(2). In fact FR 22 should have been suitably modified by now to reflect the change in the rules post 6CPC. Till then it can only be presumed that there would not be any pay fixation in such cases.

    As regards pay fixation on account of grant of NFS, DOPT has selectively extended the benefit of pay fixation; for eg. Section Officers who are granted PB-3 + GP 5400 as NFS. No general order has been issued in this regard to the best of my knowledge.

    Regarding pay fixation where the grade pay of the feeder post and the promotional post is same, you may kindly refer to Item 8.12 of the minutes of the meeting of the National Anomaly Committee held recently. (http://ccis.nic.in/WriteReadData/Cir...-13092012A.pdf)

    Victor
    Last edited by Victor; 12-10-2012 at 10:45 AM.

  3. #3
    Junior Member Prachi Arora is on a distinguished road
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    Thank you very much Sir for the information provided.
    I would further like to seek additional info plz
    • Is the spirit of the order applicable to SOs as provided vide order dated 19.11.2009 for grant of increment upon NFS applicable to other cadres as well, say for instance the Assistants, UDCs etc? If not, does it not tentamount to discrimination.
    • It has since been learnt that the GoI, MHA vide letter no.14012/05/2010-Delhi-I dated 08.2.2012 has clarified in the matter of certain posts in teaching cadres of Dte of Edn, GNCTD that the proposal to grant of one increnment@3% under FR 22(I)(a)(1) in whose case the pay-band and grade pay in the lower post and promotional post are same, but the responsibilities are clearly higher, has been agreed to. Can the spirit of such order be denied to other cadres ?
    • Has the GoI issued any orders till date consequent to the minutes of the National Anomaly Committee meeting i/r/o para 8.12 ?

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    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by Prachi Arora View Post
    Thank you very much Sir for the information provided.
    I would further like to seek additional info plz
    • Is the spirit of the order applicable to SOs as provided vide order dated 19.11.2009 for grant of increment upon NFS applicable to other cadres as well, say for instance the Assistants, UDCs etc? If not, does it not tentamount to discrimination.
    • It has since been learnt that the GoI, MHA vide letter no.14012/05/2010-Delhi-I dated 08.2.2012 has clarified in the matter of certain posts in teaching cadres of Dte of Edn, GNCTD that the proposal to grant of one increnment@3% under FR 22(I)(a)(1) in whose case the pay-band and grade pay in the lower post and promotional post are same, but the responsibilities are clearly higher, has been agreed to. Can the spirit of such order be denied to other cadres ?
    • Has the GoI issued any orders till date consequent to the minutes of the National Anomaly Committee meeting i/r/o para 8.12 ?
    The spirit is applicable in other cases also. It is for the respective Cadre Controlling Authorities to consider the cases in the light of the action taken by DOPT.

    UDCs of CSCS and Stenographers of CSSS have already been extended this benefit by DOPT on grant of NSFG (http://ccis.nic.in/WriteReadData/Cir...02csd/nfsg.pdf).

    As per the decision of the NAC each case would need to be "considered separately". Hence a suitable proposal with full justification would need to be submitted to the Competent Authority for orders.

    No general orders have been issued w.r.t. para 8.12 of the minutes of NAC, to the best of my knowledge. Perhaps the idea is to issue specific orders in each case referred to DOPT/MOF.

    Victor

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