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Thread: Grant of scale 0f 8000-13500 to Supdts of C Ex

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  1. #1
    Junior Member AGGARWAL PK is on a distinguished road
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    Default Grant of scale 0f 8000-13500 to Supdts of C Ex

    The Supdts of the customs and Central Excise have been grated pre-revised scale of Rs.8000-13500 after comletion of 4 years service in the scale of Rs.7500-12000. Consequently they are entitled for grade pay of Rs.5400/- in PB-2 scale on comletion of 4 years service in the Supdt's garde. The officers aleady competing service of 4 years on 1.1.2006, should be granted garde pay of 5400 wef 1.1.2006. In our commissionerate it is not being done with plea that grade pay will be granted after completion of 4 yrs service in PB-2 with grade pay of Rs.4800.

    The officers in other commissionerates and Income Tax organisation are requested to check up position and take up matter with authorities concern for corrective measures. The present status of practice for fixation of pay may please be interacted.

  2. #2
    Junior Member raja is on a distinguished road
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    since the pay scale of Supdts. has been upgraded to 7500-12000 (Pre-revised) w.e.f. 21.04.2004, U will be getting the upgradation to 8000-13500 scale only after completion of 4 years from 21.04.2004 i.e. from 21.04.2008.

  3. #3
    Member coolgoose2 is on a distinguished road
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    Quote Originally Posted by raja View Post
    since the pay scale of Supdts. has been upgraded to 7500-12000 (Pre-revised) w.e.f. 21.04.2004, U will be getting the upgradation to 8000-13500 scale only after completion of 4 years from 21.04.2004 i.e. from 21.04.2008.
    both of you are wrong..

    Page 31 in RESOLUTION to the 6th CPC, notified in the Gazette of 30/08/2008 reads as follows :
    e) Group B officers of Departments of Posts,Revenue, etc., will be granted Grade pay of Rs.5400/- in PB-2 on non-functional basis after 4 years of regular service in Grade pay of Rs.4800/- in PB-2.
    Correct interpretation of the above CCS (RP) Rules 2008 would be as under :
    Part - C of Section I of said Rules notified in the Gazette No. (GSR 622(E) at page no. 49, with the heading -
    “REVISED PAY STRUCTURES FOR CERTAIN POSTS IN MINISTRIES, DEPARTMENTS AND UNION TERRITORIES ”
    states that :
    “The revised pay structure mentioned in column (5) and (6) of this part of the Notification for the posts mentioned in Column(2) have been APPROVED BY THE GOVERNMENT.....'
    Under this table (page no. 54) for the Dept. of Revenue-Sr. No. 9, the posts of ITO/Supdt./Appraisers etc. are mentioned and their present scale is shown as 7500-12000 i.e. S-14 and their Revised scale is mentioned as 7500-12000 and 8000-13500 i.e. S-15 (after 4 years). Correspondingly the Grade pay is shown as Rs.4800/- and Rs.5400/- respectively.
    Therefore, Part C of the said Rules overrides the General Clause in Resolution i.e. all Supdts will be in the pre-revised pay scale of 7500-12000 with a Grade Pay of Rs. 4800/-, right from the date of their taking over as Supdt and on completion of 4 years, will be eligible for the pre-revised scale of 8000-13500 i.e. S-15 with a Grade pay of Rs. 5400/-. But the Sr. Scale and more importantly, the Grade Pay of Rs. 5400 would be granted to all such Supdts who have completed 4 or more years of regular service as Supdt, on 01.01.2006, which is the date of effect of CCS (RP) Rules 2008.
    Thus for pay fixation, page no. 21 & 22 of the office memorandum F.No.1/1/2008-IC dated 30/08/2008 issued by the Implementation cell of the Dept. of Expenditure, wherein the table relevant to the scales S-14 & S-15, will have to used, as under :
    a. For all Supdts, who have completed 4 years as Supdt, as on 01.01.2006, the basic pay (pay in the pay band + grade pay) shall be fixed by using the fixation table at page no. 22 of the said memorandum relevant to the Scale S-15 in P.B.-2 i.e. with a Grade Pay of Rs. 5400/-.
    b. For all Supdts, who have not completed 4 years as ITO, as on 01.01.2006, the basic pay (pay in the pay band + grade pay) shall be fixed by using the fixation table at page no. 21 of the said memorandum relevant to the Scale S-14 in P.B.-2 i.e. with a Grade Pay of Rs. 4,800/-.
    Further order No.21/36/03-CS.I dated 13.11.2003 in respect of grant of NFSG to Section Officers of CSS, which is the basis for granting NFSG to similarly placed officers of other department. Here it is clearly mentioned that 4 year regular service in the grade of Section Officer is the requirement for grant of NFSG. Hence, it is only logical that the same be applied mutatis-mutandis in the case of Superintendents also.


    Also the in respect of ITOs in Kerala the fixation orders has been issued along these lines;i.e., fixing pay in the Grade Pay of 5400 after completion of four years as ITO as per the CCS(Revised Pay) Rules 2008
    Last edited by coolgoose2; 23-09-2008 at 07:52 PM.

  4. #4
    Junior Member nkjain is on a distinguished road
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    Default Nfsg

    The correct position is as follows:

    1. The pay scale of Superintendent of Central Excise has been upgraded as per Note 2A of Rule 7 of the said Rules which has been indicated at sl. No. 9 under the heading ‘Ministry of Finance’ in Section II of Part-C of the First Schedule of the said Rules. As per upgradation, the Superintendent of Central Excise has been placed in the pay scale of 7500-12000 at the start and 8000-13500 after four years.

    2. As upgradation has taken place in the existing scale before deciding the Grade Pay in terms of the said Rules, Superintendents should be placed in the pay scale of 8000-13500 for granting the corresponding grade pay of 5400 as and when they complete 4 years from their initial date of receipt of the Superintendent’s pay scale. The above matter has already been clarified vide DOPT Office Memorandum no. 22011/10/84-Estt. (D) dated 04.02.1992.

    3. The scheme of change over of pay scale from 7500-12000 to 8000-13500 provided by the new revised pay rules is different from what was available to SO of CSS previously. The SOs were used to be placed in 8000-13500 after deptt. order taking into view the ACRs etc. as like promotion and the pay fixation was used to be done as like promotion as per DOPT OM No.21/36/03-CS.I dated 13.11.2003. This is not the case now with the revised pay rules.

    4. As per ACP scheme issued vide DOPT OM no. No.35034/1/97-Estt(D) dated 09.08.1999 which envisages that financial upgradation under the Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre/category of posts (Para 7 of Annexure-I of the said OM), Inspectors are placed in the pay scale of next higher grade i.e., Superintendent after 12 years of regular service. No pay fixation takes place at the time of actual promotion in the grade of Superintendent in such cases as per the said ACP scheme as per Para 9 of Annexure-I of the said OM which stipulates that the financial benefit allowed under the ACP Scheme shall be final and no pay-fixation benefit shall accrue at the time of regular promotion i.e. posting against a functional post in the higher grade. The matter has again been clarified vide DOPT OM issued vide F.No.35034/1/97-Estt(D)(Vol.IV) dated 10.02.2000 at point no. 20 of the Annexure that upgradation under ACP shall be treated on par with regular promotion in so far as pay-fixation is concerned.

    5. If the Superintendents are placed in a higher pay scale vide the revised pay rules, the pay scale of those Inspectors who have been granted the pay scale of Superintendent on first ACP will accordingly be placed in a higher pay scale as per ACP scheme issued vide DOPT OM no. No.35034/1/97-Estt(D) dated 09.08.1999. Therefore, Inspectors drawing pay of Superintendent as per the above ACP scheme will be placed in 8000- 13500 after completion of four years from the date of ACP as per the said revised pay rules notified on 29.08.2008.

  5. #5
    Member coolgoose2 is on a distinguished road
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    Hi all

    Wonderful

    this thread is getting warm.. nice.. Thanks to nkjain

  6. #6
    Junior Member mvsprasad2711
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    Default Wait!

    Before coming into conclusions, we should understand the terms; "Rules","Resolution" and "Memorandum". perhaps we all know rules, in administration the ultimate. Resolution is a formal expression of intention. By issuing Resolution , the govt agreed to implement the contents mentioned therein. They are not enforceable in normal course and we can not act on it. Memorandum explains the rules and its intention and procedure for implementation and clarifies certain things. They are next to rules and binding on the administration. In the present case, the rules indicate only grade pay (in new scale) applicable to the Superintendents etc with 4 years of regular service. But to implement the same there must some rules fixing the conditions and procedure for granting the benefit. Perhaps it is the duty of the concerned ministry to issue such rules. So I think we have to wait for the rules atleast OM clarifying the issue and prescribing procedure.
    Regarding the eligibility, I feel that the officer must be Superintendent etc and mere placing in the scale of 7500 will not suffice. I doubt the eligibility of inspectors with ACP. As the four years period is mentioned against old scales in the Rules, the argument that four years are to be completed in the 4800 grade sans logic. Further as I said Resolution wording is not statutory. Regarding applicability from 2004 on wards, I feel the the thrust is on the cadre and not on the scale. Let us wait for the Rules to come! Perhaps the statue makers are also busy in solving problems in fixation of their own pay!

  7. #7
    Junior Member dsp is on a distinguished road
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    I do not agree with nkjain. since the upgradation to pay scale of 8000 is subject to 4 yrs 'regular service' it should be subject to DPC and since it is promotion from one pay scale to another one increment should be allowable in junior scale as per rule 13 of revised pay rules at the time of upgradation as used to be done in case of ACITs.
    Last edited by dsp; 13-10-2008 at 07:14 AM.

  8. #8
    Junior Member manu is on a distinguished road
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    Smile views of nkjain

    The views expressed by nkjain is totally in agreement with new revised pay rules as well as existing ACP Rules and subsequent clarifications. All superintedents and Inspectors( After ACP) who have completed 4 years in 7500 should have been fixed in 5400 immediatly. No further clarification required. .
    Last edited by manu; 12-11-2008 at 03:17 PM.

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