Pay fixation for new recruits after 1-1-2006 from gp 4600 to gp 5400 (pay band iii)
SRIKANT BHAGAT
(Querist) 10 March 2013
This query is : Resolved
Dear Sir
I am looking for your kind legal advice which is concerned to my pay fixation under sixth pay commission as new appointment after 01-01-2006 where I was freshly appointed from GP 4600 to 5400 ( pay band II to pay band III)
On 16th may 2011, I have been appointed as scientist-I in pay band-3 (15600-39100; GP-5400) at the initial pay of 15600/- Before that I was working as scientist II in same organization in the pay band 2 (9300-34400; GP 4600) at the pay of Rs 21460/-(pay band 16860 + GP 4600).
On joining, I opted for the fixation of my pay (as applicable) at the date of next increment (DNI) i,e, on 1st July 2011. The competent authority has reduced my pay in the pay band from Rs. 16860 to 16060/- and provided the total pay as such i,e, Rs. 21460 ( saying that my pay has been protected according to the new rule of 6CPC; DOPT Office Memorandum N0. 12.3/2009-Pay-I; dated 30th march 2010).).
I assume that pay protection implies that protection of Pay band + DA + applicable grade pay as well, with the best of my understanding based on previous pay commission fixation rules.
I have achieved this existing pay in the pay band (16860) due to 14 years of long service and I have been appointed at higher pay scales. Logically my pay must go up.
I personally believe that reducing my pay in the pay band (16860 to 16060) is mis-interpretation of the concerned circular statement: which state that “the pay in the pay Band fixed under this formulation will not be fixed at a stage lower than entry pay in the revised pay structure (corresponding to the grade pay applicable to the post) for direct recruits on or after 1.1.2006.” I assume that in present case this statement implies that if anybody pay in the pay band is less than Rs. 15600/- even then his/her pay in the pay band must be fixed minimum at 15600/-. But this circular never says that the exiting pay if it is already greater than entry pay ( >15600) in the pay band may be reduced.
Sudhir Kumar, Advocate
(Expert) 11 March 2013
Be clear :-
WHich pay yo9u held on 1.1.2006 on re-fixation.
On which date you assumed next higher post.
SRIKANT BHAGAT
(Querist) 11 March 2013
Thank you Mr. Sudhir
Sir on 1.1.2006 I was in pay band II having grade pay of 4600.On 30 th Nov 2006 I was freshly appointed as scientist grade II in same pay scale 9300-34800; GP 4600.
After about 5 years, on 16 th May 2011, I was again appointed as fresh recruit as scientist I in the pay scale 15600-39100; GP 5400 ( pay band III)
Sudhir Kumar, Advocate
(Expert) 11 March 2013
In such case when one Govt employee is freshly appointed on a higher post his pay is fixed just like in case of promotion and he does not start from bottom of the fresh pay scale, if already drawing more than minimum of higher post.
SRIKANT BHAGAT
(Querist) 11 March 2013
Dear Mr Sudhir
Thanks for your comment.Sir please give specific comment on My case which is related with pay fixation circular of DOPT Office Memorandum N0. 12.3/2009-Pay-I; dated 30th march 2010)( see enclosure). Accordingly please suggest me what will be my correct pay fixation on 16 thy May 2011. Whether It will be Rs. 22260( 16860 + 5400) or it wil be 21460 (16060 + 5400)
Regards
Raj Kumar Makkad
(Expert) 12 March 2013
The interpretation of the department is totally erroneous on its bare reading. You are fully entitled to pay protection means not lower than the earlier salary being drawn by you. Make representation to the department to review your case.
SRIKANT BHAGAT
(Querist) 12 March 2013
Thank You
Rajkumar Sir for your comment.
Sir I had already given a due representation claiming that my pay in the pay band must be remained as Rs16860/- and GP should be 5400. But competent authority has denied saying that my pay has been protected as per rule means I am not getting less than single rupees om my earlier existing basic 21460(16860+ 4600. So reduction of in Pay in the pay band from Rs 16860 to 16060 is right.Even I have written my grievances ( 10 reminders) to DOPT, GOI but yet not received any reply
Sir please suggest me now how I should approach to get justice.
Regards
Adv k . mahesh
(Expert) 12 March 2013
it is not clear when another increment falls due with what pay band the office is taking 4600 or 5400 make a detailed explanation and talk personally
SRIKANT BHAGAT
(Querist) 12 March 2013
Thank You Mr Mahesh for your comment
Sir my basic query is that on 16 th may 2011, I was freshly appointed as Scientist- I through duly appointed interview board, in Pay band III (15600-39100; GP 5400).
Before that I was working in the same organisation as Scientist –II in Pay band II on the pay 21460 ( 16860 + GP 4600)
Please tell me what will be correct pay fixation on 16th may 2011 from Pay band II to Pay band III.
Whether it will be Rs. 22260 (16860 + 5400) or it will be 21460 (16060 + 5400). Office has given me 21460(16060 + 5400) saying that my pay has been protected according to
pay fixation circular of DOPT Office Memorandum N0. 12.3/2009-Pay-I; dated 30th march 2010)( see enclosure)
In addition, I would be very grateful to talk you personally if you kindly provide me your cell No.
Sudhir Kumar, Advocate
(Expert) 12 March 2013
It you representation is rejected inwring cause of action starts for going to CAT and the limitation is one year from cause of action.
If you receive no reply then cause of action starts at the end of six months .
In case you have represented and got not reply within reasonable time you can move to CAT even before 6 months. But if the representation is not replied and you keep out of court for one andhalf year then you loose limitation.
SRIKANT BHAGAT
(Querist) 12 March 2013
Thank you Mr Sudhir
Sir I am working in an autonomous organization under Dept. of Pharmaceuticals, Ministry of Chemical and Fertilizer, GOI. CAT does not accept our department case saying that your organization is not registered with us. Is there any other alternative. I have already contacted DOPT Personal grievance cell on 27 Jun 2012 but after several reminders yet I have not received any answer. I have fed up with this undue injustice with me. Please suggest me.
SRIKANT BHAGAT
(Querist) 15 March 2013
Dear Rajkumar Makkad and Sudhir Sir
This is for your kind information and seeking your advice that on 12-03-2013 I have once again given a reminder to DOPT, Govt of India regarding my mentioned grievances.
On 14 th of march 2013, I have in receipt of their direction that my grievances may be considered in terms of FR 22-B subjected to the fulfillment of conditions underlying the said rule.
Sir please advice me how my pay will be fixed under this law as I am not on probation period. I am on regular position and my job get all facilities of permanency except every 5 yers of contract which is renewable after its completion of terms on mutual consent. My job is pensainable and I am getting GPF .
Sudhir Kumar, Advocate
(Expert) 15 March 2013
If your deptt is not in CAT jurisdiction you can either file case in labour court (if satisfying definition of workman as per ID Act) and in any case before High Court.
You can do this before losing limitation.
SRIKANT BHAGAT
(Querist) 15 March 2013
Dear Sudhir Sir
Please check my last request regarding pay fixation under FR 22-B as yesterday DOPT, Govt of India has responded my grevances on which you are giving your expert advice.
regards
R.K Nanda
(Expert) 17 March 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 17 March 2013
Srikant! You are now advised to approach local tax lawyer for preperation of your case.
SRIKANT BHAGAT
(Querist) 18 March 2013
Dear Makkad Sir
On 14 th Marh 2013, I have received DOPT govt of India decision against my grievance that my case may be considered under FR 22-B subjected to fulfillment of the conditions for the said rule.
regards
Raj Kumar Makkad
(Expert) 18 March 2013
It is now your turn to move ahead by fulfilling the desired conditions in the light of fresh decision of 14th march.
Best wishes for you.
SRIKANT BHAGAT
(Querist) 18 March 2013
Thank You Makkad Sir
Now I will initiate my representation again and accordingly update you for your kind suggestion.
Thanks and regards
Sudhir Kumar, Advocate
(Expert) 19 March 2013
DOPT advise is given on the basis of facts presented by deptt. Deptt is free to present incomplete facts and obtain adverse advise. You have to use RTI to know what deptt presented to DOPT.
SRIKANT BHAGAT
(Querist) 19 March 2013
Dear Sudhir Sir
This advisory given by DOPT is based on my grievances which was asked by me. Now, what is my scope of pay fixation under FR 22-B . Remind that I have not been appointed as probation.My appointment is on regular basis for 5 years contact( renew after every five years with mutual consent). My organization is an autonomous body under Govt of India.Kindly advise me how exactly I should address to my office authority now?
SRIKANT BHAGAT
(Querist) 19 March 2013
Dear Sudhir Sir
My office has nothing written to DOPT. They have earlier informed me only when I represented my case. This developments happened just on 14 th march 2013 after nine months of my complaint/grievance registration to DOPT. Please suggest that what is my scope of pay fixation under FR 22-B
Regards
