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Thread: pay fixation for case of 'officiating' before 1.1.06

  1. #1
    Member DoToff is on a distinguished road
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    Question pay fixation for case of 'officiating' before 1.1.06

    Gentlemen ,mine is a case of 'officiating in higher post' before 1.1.2006.
    from Apr '05 onwards I m a regular DE(STS rank) in DoT (DE payscale= 10000-325-15200).
    As on 1.1.06( since May'05) ,I was posted in higher officiating post (and continue working till date)in JAG rank(which carried a prerevised payscale of 12000-375-16500). Thus I was getting (old) basic pay = 10650/- plus 1000/- on account of application of FR(22). Point to be noted is all other emoluments(DA, HRA etc etc) were then calculated on 11650/- and not on 10650/-.



    My queries are
    (1) whether I can say that my (old)'basic pay' as on 1.1.06 as defined in the 6P Notification, for calculating the new basic should be considered as 11650(i.e 10650+1000) and not just 10650 ?
    The logic I am applying is that, for all purposes, the 1000/- which I was receiving then was not an 'allowance ' of any kind ,but it was the new factor to be added to arrive at a new 'basic pay' figure in accordance with pay fixation under FR(22) (I)(a)for 'officiating in higher post' . Thus my 'basic pay in officiating post' was 11650/- and my opinion is that as per Rule(7)(1)(A)(i) of the 6P Gzt Notification , 11650 is the 'basic pay' which is to be considered for multiplication.

    (2) since I was (as on 1.1.06)and also am( presently) posted in officiating capacity in a higher post of JAG rank , should I get a GP of JAG rank or of STS rank ?

    (3) If at some later date I go back to lower post of STS rank ,before I am made a regular in JAG rank, I assume only my GP will be corrected/modified and my basic (calculated with a GP of JAG rank all these years) will continue to remain the same. Am I correct sirs?

    (4) I also would like to know if the para (note 5 of Rule 7 )of the Gazette Notification (on 6Pay) dtd 29Aug'08 by MoF (reproduced below)... holds any relevance to my case and if yes in what way?

    "Where a Govt servant is holding a permanent post and is officiating in a higher post on a regular basis and the scales applicable to these posts are merged into one scale , the pay shall be fixed under this subrule with reference to the officiating post only and the pay so fixed shall be treated as substantive pay.The provisions of this note shall apply Mutatis Mutandis , to Govt servants holding in an officiating capacity ,posts on different exixting scales which have been replaced by the revised pay structure."

    Pls give your esteemed opinion and word on my case.

    --DoToff
    Last edited by DoToff; 06-04-2009 at 02:19 PM. Reason: added further clarifications.

  2. #2
    Member DoToff is on a distinguished road
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    Unhappy None of our members are able to answer this query?

    I wonder how none of our members are unable to provide a comment in this case. Is it so complicated?-DoToff

  3. #3
    Member DoToff is on a distinguished road
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    Default Senior members .....is anyone able to reply to this please?

    Sr members ,
    pls look into this post .
    Let me put this in other words- How is FR22 and FR35 to be applied in new pay situations. The FR35 component earlier was calculated based on comparision with the minimum of higher(post) pay scale. Now in present case what is to be compared? the GP ?

  4. #4
    Senior Member jitendraacr is on a distinguished road
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    Dear Sir
    Sorry for a late reply. What I could gather from little knowledge of mine, I can say that if u are holding officiating post as on 1/1/06, ur pay under ccs(rp) rules will be fixed by taking ur officiating pay as on date and corresponding grade pay will be given till u hold the officiating post and ur increment will also be calculated accordingly. However when you returned to your permanent post ur pay will be refixed in such a way that had u not be on officiating post. Clearly u will loose all benefits of higher post on ur return. ur contention that only grade pay will be reduced and not the pay is not correct. In this case benefit of pay protection is not available. moreover if you become eligible for ACP u will get next grade pay of ur permananent post even if you hold the higher post on date of grant of ACP. I hope it will clear ur doubt.
    with regards
    Jitendra

  5. #5
    Member DoToff is on a distinguished road
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    Default Please look into my other queries also.

    Thank you, Sir
    But this answers only my query at #3. Can you also look into my other queries please.
    You may please understand my urgency considering that my AO has refused to implement my pay fixation in consideration of my 'officiating ' post saying that '..implementation rules are not clarified for FR35 cases..'. And I am losing considearble amount( in arrears and regular salary) due to this stand of my AO.

  6. #6
    Senior Member jaleelethiyil is on a distinguished road
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    Post

    Quote Originally Posted by jitendraacr View Post
    Dear Sir
    Sorry for a late reply. What I could gather from little knowledge of mine, I can say that if u are holding officiating post as on 1/1/06, ur pay under ccs(rp) rules will be fixed by taking ur officiating pay as on date and corresponding grade pay will be given till u hold the officiating post and ur increment will also be calculated accordingly. However when you returned to your permanent post ur pay will be refixed in such a way that had u not be on officiating post. Clearly u will loose all benefits of higher post on ur return. ur contention that only grade pay will be reduced and not the pay is not correct. In this case benefit of pay protection is not available. moreover if you become eligible for ACP u will get next grade pay of ur permananent post even if you hold the higher post on date of grant of ACP. I hope it will clear ur doubt.
    with regards
    Jitendra
    Respected sir,
    If the parent post and officiating or ex-cadre post happened to be of same GP due to merger after 6th cpc implementation wheather staff can continue to avail the benifit got at the time of fixation on 01/01/2006 after repatriation.

  7. #7
    Junior Member mknannapaneni is on a distinguished road
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    Sir, I am Murali, working in Central Govt, autonomous organisation. My pay in the Month of May 2011, was 16190 +Grade Pay 4600= 20790 (in the pay band of 9300-34500)

    During June 2011, I was appointed (through advt. and selection committee) in same organisation in the pay of 15600-39100 with Grade Pay of 5400/-. I opted that that my Pay is fixed in the month of July, because I will get increment in the month of July 2011 by protecting my pay. Can any body clarify what is my pay in the month of July 2011?

  8. #8
    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by mknannapaneni View Post
    Sir, I am Murali, working in Central Govt, autonomous organisation. My pay in the Month of May 2011, was 16190 +Grade Pay 4600= 20790 (in the pay band of 9300-34500)

    During June 2011, I was appointed (through advt. and selection committee) in same organisation in the pay of 15600-39100 with Grade Pay of 5400/-. I opted that that my Pay is fixed in the month of July, because I will get increment in the month of July 2011 by protecting my pay. Can any body clarify what is my pay in the month of July 2011?
    As per FR 22(1)(a)(1) the option of fixation from the date of increment in the old scale is not available in the case of Direct Recruitment to another post. However, you are enttiled to pay fixation from the date of appointment in GP 5400. You are therefore entitled to a 3% increment and change in grade pay to 5400 w.e.f. date of appointment in June 2011. The date of next increment will be 1st July 2012.

    Victor

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