Regarding payment of arrear on promotion during study leave
A K THAKUR
(Querist) 22 June 2014
This query is : Resolved
Sir,
I Dr .A K.Thakur , joined CGHS ,Patna on 17.06.2005 , through CMSE EXAM 2002 conducted by UPSC.
2. As per existing rule I should have been promoted to Senior Medical Officer , after completion of four year of service . But for unknown reason notification of my promotion came on 26 th march 2014, almost five year late for no reason conveyed to me.
3. In 2013 I became aware of another fact that one doctor who joined CGHS one week(on 24.06.2005, Exam Batch Cmse 2003) after me has been given promotion to SMO in 2009 itself.
4. vide order dated 26.03.2014 issued under the signature of M.K.Sharvar, Under Secretary to the Government of India in which a list of Medical Officers have been issued granting promotion to the grade of Senior Medical Officers in Pay Band 3 in the scale of Rs. 15600-39100 plus Grade Pay of Rs. 6600/- with retrospective dates as per their eligibility and entitlement. In the said list, my name figures at Sl. No.3 and I have been granted promotion with effect from date 04.04.2009. I further submit that, on
04.04.2009 I was very much there in CGHS, Patna and I was discharging my duty satisfactorily.
5.with effect from 05 th February, 2014 I am on study (duly sanctioned by ministry) leave in Patna itself.
6.In this connection When I contacted Additional Director, Central Government Health Scheme,Patna for my Pay Fixation and Release of Arrear amount from 04.04.2009 till 05.02.14 , they said that this will be done only after three year ,when I will return after completion of my study leave.
Since my promotion is from back date my queries are:
1.whethere I am eligible to draw my arrear and upgrade pay immadiately or not ,i.e right now?.
2. whethere the period spent on study leave (in case of medical officer of chs)is recokned for earning leave as it is recokned for railway emplyoee.
Sudhir Kumar, Advocate
(Expert) 23 June 2014
1.whethere I am eligible to draw my arrear and upgrade pay immadiately or not ,i.e right now?.
Ans : in case any promotion is accrued in study leave it will be effective on expiry of leave with no loss of seniority.
2. whethere the period spent on study leave (in case of medical officer of chs)is recokned for earning leave as it is recokned for railway emplyoee.
Ans : Yes. It is not LWP
Sudhir Kumar, Advocate
(Expert) 23 June 2014
you have stated that one person joined after you and promoted earlier. You are not clear whether he was junior or junior to you in terms of select list.
P. Venu
(Expert) 23 June 2014
The promotion has been given with effect from a date which is much anterior to your proceeding on leave. Hence your pay should have been revised accordingly. The stand of the administration is unreasonable.
A K THAKUR
(Querist) 25 June 2014
To
sudhir sir
I Dr .A K.Thakur , joined CGHS ,Patna on 17.06.2005 , through CMSE EXAM 2002 conducted by UPSC.
In 2013 I became aware of another fact that one doctor who joined CGHS one week(on 24.06.2005, Exam Batch Cmse 2003) after me has been given promotion to SMO in 2009 itself.
He is junior to me in exam batch as i have joined throgh 2002 CMSE Exam and he joined throgh 2003 exam, also he joined service one week later than me .
My promotion period pertain to 2009 , five year before my proceeding on leave. this is not the period falling during study leave.
Guest
(Expert) 25 June 2014
In whole of your description you have not stated anywhere whether you represented formally for pay fixation and drawal of arrears of pay and what was response to that from the administration/PAO.
A K THAKUR
(Querist) 26 June 2014
To
PS Dhingra Sir
1.when i approached my Additional Director ,DDO , in my case with regard to fixation of pay ,he turned down my demand and said that my pay can be fixed only after i return from stdy leave ,i.e after three years.
2.When i reqested my DDO , to forward my representation in this regard to higher authority , he refused to do so .
3.at last i sent my representation directly to higher authority in ministry two month back but till now i have not received any reply from ministry.
What should i do now?
Is my Demand is ingenuine?
