FIXATION OF PAY ACCORDING TO RULE 7 CCS (RP) Rules 2008
The procedure of initial pay fixation has been completely changed after VI CPC has come to force wef 01/1/2006. The DOPT has issued guidelines for initial pay fixation of re-employed pensioners including retired from armed forces of Indian Union vide OM No.3/13/2008-Estt. (Pay II) dated 11th November, 2008. The OM clearly directs without any doubt that the initial pay of all re-employed pensioners should be fixed according to the provisions of Rule 7 of CCS (RP) Rules 2008. Rule 7 of CCS (RP) Rules 2008 provides that the initial pay of central govt employees should be fixed in respect of their substantive pay. Which means the initial pay of re-employed ex-servicemen should be fixed at the same stage of pay (substantive pay) last drawn by them before retirement from military service. Here a doubt arises, when we read the para 4 (b) (i) of DOPT OM dtd 05/4/2010 which says, in cases where entire pension is ignored, initial pay should be fixed as per entry pay of the re-employed post as in the case of direct recruits employed wef 01/1/2006. Here the line “pay shall be fixed as per entry pay of the re-employed post” implies the pay scale/structure of the re-employed post to be considered while initial pay fixation and not the minimum pay at which pay is to be fixed. Taking this para as an excuse, central govt depts fix the initial pay at the minimum of the re-employed post. Which totally wrong since such pay fixation falls under Rule 8 of CCS (RP) Rules 2008. Whereas DOPT OM dtd 11/11/2008 clearly directs to fix the initial pay according to the provisions of Rule 7 of CCS (RP) Rules 2008. Hence correct procedure to be adopted while initial pay fixation of re-employed ex-servicemen is that, the initial pay should be fixed as per entry pay of the re-employed post but Rule 7 of CCS (RP) Rules 2008 should be applied as provded vide Para 2 (i) of the DOPT OM dtd 11/11/2008. Hope all understood the conclusion. i.e. Without any doubt all re-employed ex-servicemen in civil central govt departments are eligible to get their last pay drawn(substantive pay) fixed while initial pay fixation but in the pay scale/structure of re-employed post
All are requested to approach their concerned dept for pay fixation as per rule position mention above.
ReplyDeleteDopt should issue orders as stated above.
ReplyDeleteDopt should issue orders as stated above.
ReplyDeleteApproached Department of Posts, No positive output. Some circles have already fixed and some have not. Experts Please advice. Any idea of an eminent lawyer to file CAT case in Bangalore?
ReplyDeleteDOPT is curious to confuse ALL some strong words given in orders got triple meanings. Our bureaucrats are so clever they only do amendments,nothing else other wise these all the matters done by Britishers. it is better to form a strong forum to knock the door of law
ReplyDeleteOUR DEPARTMENT IS NOT READY TO LISTEN TO ANY RULE ,THEY ARE TELLING IF U R GETTING PENSION UR PAY IS FIXED CORRECTLY, BUT AFTER DAP HYD RESULT THINGS WILL B POSITIVE!!!!!!!!
ReplyDelete