Service related- pay fixation- 7 pay commission- pay arrears
prakash
(Querist) 05 January 2017
This query is : Resolved
I joined as a ‘Class C employee’ under a department in Ministry of Home Affairs, Govt. of India, on 02/03/2012. I ‘technically resigned’ from the above said post (Basic pay- Rs. 6854/- & Grade pay-Rs.2000/-) on 08/03/2016 and joined in a higher post (Class C employee, Basic Pay-Rs.9350/- & Grade Pay- Rs.4200/-) on 13/03/2016 in same department by direct recruitment (under another Drawing & Disbursing Officer).
The 7CPC was implemented with effect from 01/01/2016. Then I requested to previous Drawing & Disbursing Officer for pay arrears and cash compensation arrears of the previous rank (with Grade pay: Rs.2000/-) from 01/01/2016 to 08/03/2016 on the basis of 7CPC recommendations. The reply from that office was that ‘in terms of para 8 of MOF O.M. No. 1-5/2016-1C dated 29/07/2017, the 7CPC arrear claims in respect of officials, who resigned after the date of implementation of the 7CPC recommendations but before the preparation and drawl of the pay arrear claims, shall be disbursed after pre- check of fixation of pay by Pay & Accounts Officer, Head Office, New Delhi’. But, in para 8 of MOF O.M. No. 1-5/2016-1C dated 29/07/2017, the 7CPC is mentioning about relinquished persons from service - I had ‘technically resigned’ from the lower rank to take over the higher rank in public interest.
My humble question is, am I eligible to draw pay arrears and cash compensation arrears of lower rank (Grade pay- Rs.2000/-) from 01/01/2016 to 08/03/2016 on the basis of 7 CPC recommendations. If I am eligible, how can I proceed for that? (Now I am drawing basic pay Rs.44900/- (level 7)).
Sudhir Kumar, Advocate
(Expert) 06 January 2017
You are entitled. They have only quoted the provision on procedure and not a provision to deny.
Rajendra K Goyal
(Expert) 07 January 2017
You are entitled to claim arrears for the period you remained on previous post on the basis of previous pay and not on the basis of present pay. After joining new grade, you can claim arrears as per new grade.
krishna mohan
(Expert) 13 January 2017
They are likely to act based on your representation already given and wait for reasonable time. If no action, you can seek under RTI action taken on your representation for arrears including note sheet there of (or) represent to higher authority.
