Home » » IP PAY UPGRADATION W.E.F 1.1.2006 AND VARIOUS FACETS OF FIXATION

IP PAY UPGRADATION W.E.F 1.1.2006 AND VARIOUS FACETS OF FIXATION

Written By Easy Life on Saturday, December 16, 2017 | 12/16/2017 09:51:00 PM



IP PAY UPGRADATION W.E.F  1.1.2006 AND VARIOUS  FACETS OF FIXATION



In VI CPC the pay of inspector of post, who were in 5500--9000 in the pre revised scale, was merged with 6500--- 10500 with the grade pay of 4200/- in PB 2.

Resultantly the ASP who were in the 6500 --10500 scale of the prerevised scale were upgraded to 7450 – 11500   with grade pay of 4600/-  in PB- 2.

Now, in the wake of judicial scrutiny, the IP pay has been equated with ASP pay of 4600/- w.e.f 1.1.06. Logically to put, the IP pay which was merged with 6500 scale has been alleviated and upgraded and technically equated with ASP scale. 

This cannot be treated as merger because the identical pay remains only during the span of VI CPC and with implementation of VII CPC the respective levels of IP and ASP have been resligned in ascending order at 7& 8 level respectively.

When it comes to the fixation of IP pay sequel to recent orders, the onus lies with DDO in adapting the rules of VI CPC with specific focus on the upgraded scales. The subject matter underwent a series of threadbare review and clarification from 2909 to 2015.

The following are main contingencies that DDO has to face in the refixation and of course with statutory solution in hand to dispense with.

💢Case 1💢

For those who were working as IP as on 31.12 .2005 and opt to switch over to CCS RP- 2008 from 1.1.06.

The pay in the prerevised scale 5500- 9000 ,as on 31.12.05, with reference to the pay in pay band of fitment table meant for the prerevised scale 5500 ( Scale--S- 10 ) *PLUS* the upgraded grade pay of 4600/-  corresponding to  upgraded the pre revised pay scale 7450–11500.

Or otherwise to simply put, the pay as on 31.12.05 × 1.86 plus 4600/-

As per illustration 4A of CCS RP 2008 ( ANNEXURE 1) and further clarified in M.F OM no F.No.1/1/2008-1C dated 13.10.2008 (ANNEXURE 2)  and  read with the clarification given against item 1 of  MOF U.O. No. 10/1/2009 - 1C dated  14.12.2009 ( ANNEXURE 3 )     for an analogous case.

The pay thus fixed will invariably be lower than direct recruits whose pay are fixed at entry level pay prescribed for direct recruits in Section II of first schedule in CCS RP2008 against 4600/- in PB 2 { 12540 + 4600 == 17140 } ( ANNEXURE 4)


💢CASE : 2💢


FOR those who are promoted as IP from 1.1.06 to date of notification of CCS RP rule 2008.

a) If they opt to switch over to new pay structure on the date of implementation of CCS RP rule 2008 i.e. on 1.1.06, the pay will be fixed with reference to the pay they were drawing in PA post as on 31.12.05 as per rule 7 (ANNEXURE 5) and from the date of promotion to IP as per rule 13 of CCS RP rule 2008 (ANNEXURE 6). According to this rule the refixed basic pay in PA post will be given 3% increment and will be added up to the GP of the promoted post i.e..4600/-. In doing so the minimum of PB- 2  9300/- (9300--34800 ) should be ensured before adding the grade pay.

b) On other hand, if they opt to have their pay refixed from date of promotion as per rule 6 of CCS RP rule 2008, the pay in the pay band of the IP post will be fixed with reference to the fitment table of upgraded scale of 7450---11500 (S-13).

In order to realize this, the official concerned should revise the option given already at time drawl of arrear in September 2008.

But the time limit given under the rule 6 (ANNEXURE 7) and further extended by DoPT upto 31.12.2010 vide M.F O M no 7/14/2010-E.III (A) dated 5.7.2010 (ANNEXURE 8) are lapsed and a fresh time limit is required to prescribed  for this instant case. Till such time the fixation should be put on hold. 

Further such of this offi2 have to forgo arrears already drawn for having switched over to new pay from 1.1.06. Accordingly the arrear paid to them should be recovered from the arrear now to be drawn on getting fresh option. Please note that some of officials (whose normal increment is between Feb- 2006 to June - 2006) are given arrear of VI CPC first in 2008 and another in 2012 on  having given an one time one increment in the prerevised pay.

By and large, undoubtedly, the officials coming under case 2( b) will be getting more pay than their seniors who are IPs before.1.1.06.This is an anomaly subject to remedy to be discussed herein under elsewhere.

💢CASE 3💢


For those who are promoted as IP after date of notification 29.8.06.

The pay of such of this officials have to be fixed as per rule 13 of CCS RP rules 2008 (ANNEXURE 6 )

Of course the pay thus fixed will be less than the junior under direct recruitment.

💢. ALL 3 CASES ABOVE   💢

Other co-existing factors having impact on fixation of pay are mainly due to :

a)  Identical pay of IP being the feeder post with ASP being the promotional post. No fixation for IP promotion to ASP is required to be done because they are in the identical pay. If it is to be given, the stipulation of om.............        (ANNEXURE 9) read with........    (ANNEXURE 10) are to be fulfilled and the authority of competent ministry should be there in place. Till such time the fixation can be put on hold. Otherwise the over payment can adjusted if arrear is insisted upon to be drawn by the concerned official.

b) Promotion following UPGRADATION due to

(i) TBOP in PA cadre

(ii) ACP in IP cadre w.e.f 9.8.1999

(iii) MACP in PA/ IP/ ASP w.e.f 1.9.2008

                   *TBOP*

A PA who have been granted TBOP, if gets promoted as IP, will get his promotional increment in fixation. In TBOP there will not be any fresh fixation only when the regular  promotion following upgradation  is to the post carrying the same pay vide DG post lr.no 22-6/96-PE I dated 8.10.1999. (ANNEXURE 11)


                     *ACP*

An IP granted ACP, if promoted to ASP, no pay fixation benefit shall accrue at the time of regular promotion i.e. against a functional post in the higher grade.  (Para 9 in the ACP Scheme 35034/1/97 dated 9.8.1999). (ANNEXURE12) Any overpayment at the time of ASP promotion for an IP with ACP should be guarded against and adjusted now.

                       *MACP*
A PA who have been granted MACP at time of promotion to a post with higher pay will not be given fixation benefit but only difference of grade pay will have to be given  per para 4 of MACP rule ( ANNEXURE 13  ) .
Any over payment by undue fixation given already is required to be adjusted in the instant drawal of arrear. 

The para 4 is further amended to curtail the grant of difference of grade pay from the date of promotion and instead on DNI in order to get increment in the old pay vide 35034/ 3/2008-- ESST dtd 4.7.17 (ANNEXURE 14 ).The option prescribed there in may be obtained and increment in the old pay may b given disallowing the difference of grade pay from date upgradation/ promotion to DNI

🌸*REMEDY FOR THE INEQUITY OF PAY FIXATION ON VARIOUS CIRCUMSTANCES*🌺


Except the IPs who are promoted / upgraded from 1.1.06 to 31.08.06 and direct recruits ....In all other cases the senior promotees are doomed to get the lower pay. Sometimes it may occasion that even senior direct recruit may get lower pay than his junior promotees by virtue if getting ACP.

However they can have the pay stepped up to that of junior direct recruits and junior or vice versa, who are promoted / upgraded from 1.1.06 to 31.8.08 as per the OM no 7/7/2008 -  CS I A dated 22.12.10 ( Annexure 3)

and also vide note 10 under rule 7 of CCS RP (ANNEXURE 15)

And vide OM no 5/6-2009-CS II dtd 27.8.15 (ANNEXURE 16)

While stepping up cases are dealt the factors that do not constitute anomalies should be ensured as the one explained in MOF F.No 7/7/2008- CS -1 dated 25.5.15 (ANNEXURE 17)

Cases which are not anomalies for the purpose of stepping up is enlisted in DOPT Om no.4/7/92 Est (PAY I) dtd 4.11.93 (ANNEXURE 18)




 
Thanks to Mr. Saravanan, Tiruvannamalai HPO, Tamilnadu 
Share this article :
 
Copyright © 2015. CENTRAL GOVERNMENT EMPLOYEES NEWS - All Rights Reserved
Proudly powered by Blogger