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Regarding wrong fixation done to technical supervisor in grade of 6500-10500/-
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susant27 Offline
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Regarding wrong fixation done to technical supervisor in grade of 6500-10500/-
I am now (SSE in SECR) and my representation against wrong interpretation CCS (RP) Rule 2008 / RS ( RPR 2008) in Railways for fixation pay for the upgraded pay scale . As per recommendation of 6th PC vide point 7.36.77, the Technical supervisor Section Engineer pre-revised scale 6500-10500/- has been replaced/upgraded to pre-revised scale of 7450-11500/- with 4600 grade pay in revised scale of 9300-34800 from 1.01.2006. So the fixation of pay scale 6500-10500 after 01/01/2006 shall be done with minimum of 7450/- X1.86. But in Railways the fitment of 7450-11500 is not given after 01/01/2006 but they are only giving the existing scale i.e. fitment table of 6500-10500/- that is totally wrong as per Ministry of Finance order given for the Assistant of CSS cadre vide (DOE) U O No.10/1/2009-IC dt.14/12/2009 & U.O No.10/1/2010-IC dt.27/01/2010 to DOPT & Ministry of P&NG ( copy of OM attached ) . As per Clarification to the DOPT & Ministry of P&NG , the assistant/PA they can opt their pay fixed from the date of promotion with reference to the fitment table of upgraded pay scale i.e. pre revised scale of 7450-11500 in which case they shall not be entitled to arrear of pay from 1/1/2006 till the date of option.

Since the fundamental Rule of Fixation shall be remain same & cannot be changed as will of the administration to deprive the benefit of the employee. The said clarification is not being followed in Railways as the CCS (RP) Rule 2008 / RS ( RPR 2008) shall be applicable to all Govt
employee & it cannot be used unilaterally only for Assistant/PA of CSS cadre. As the said case of Fixation of Sri. G.M.Kabui Assistant in scale of 4000-6000 basic 4900/- working in Ministry of Urban Development fixed according the said clarification & CCS(RP) rule 2008 rule no 5 as per option to fixed his pay from dt. 2/01/2006 promoted as assistant which is upgraded to pre-revised scale of 7450-11500 fixed at 7450 X1.86 =13860+ 4600 =18460 ( copy of the fixation of GM kabui is enclosed) . The case is exactly similar to my case as I am promoted to SE in scale 6500-10500 at basic of 6500/- on dt. 2/01/2006 . As per 6th PC my scale has been upgrade to pre-revised scale of 7450-11500 But the Railways has fixed me only to Rs.6500 X1.86 =12090 + 4600 = 16690 only on dt.2/01/2006. How it can be possible as per CCS (RP) Rule 2008 / RS ( RPR 2008) rule no 5 I have opted to fixed my pay from 2/01/2006 as per RB Circular 102/2010 from my promotion /up gradation date . But I have fixed at lower pay from the assistant where as the case is exactly similar and my representation was not at all address by local Rly authorities. Since the fixation case will be equally applicable to all the SE of Rly who are promoted after 1/01/2006 to 31/08/2008.

Moreover the DOPT , MOF and Ministry of Urban Development has already accepted / and acknowledge the GM Kabui fixation and awarded stepping of pay to other senior assistant which is stating that the fixation done to G M Kabui is correct. ( stepping up of order of DOPT , MOF & UOD enclosed).

From the above I appeal to the Railway Board that there cannot be 2 set of rule for one type of Govt employee and other rule for a other govt employee from the same CCS(RP) Rule 2008/ RS ( RPR 2008).Hence I want my grievance to be address suitably & this discrimination amongst other Govt employees shall not be done . I shall be granted similar pay fixation given to assistant as per rule 5 of CCS(RP) Rule 2008/ RS ( RPR 2008). And Equal pay for equal work though may not be a Fundamental Right guaranteed to a government servant, yet an abstract doctrine in consonance with the principle of equality enshrined under Article 14 of the Constitution of India, a hostile discrimination, which is illogical, irrational and illegal and in a case where there is no intelligible differentia which has a reasonable nexus with the object sought to be achieved, similarly placed cannot be invidiously discriminated in the matter of pay fixation as per constitution Article 14 . The citizen right of equality cannot be violated by any of Govt organization by adopting different Fundamental Rule /SR.


Kindly rename the GM1 & 2 as jpg instead of pdf for opeining the file .


Attached File(s)
.pdf  assistants-pay-fixation-27-01-2010.pdf (Size: 613.91 KB / Downloads: 1129)
.pdf  drstepup.pdf (Size: 1.8 MB / Downloads: 741)
.pdf  doptfixation.pdf (Size: 538.55 KB / Downloads: 1037)
.pdf  GM 1 001.pdf (Size: 1.18 MB / Downloads: 879)
.pdf  GM2 001.pdf (Size: 1.16 MB / Downloads: 739)
04-25-2011 02:46 PM
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susant27 Offline
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RE: Regarding wrong fixation done to technical supervisor in grade of 6500-10500/-
The above said case the CaT case was file by SO of defence account to MOF & the case was won by SO. Only the benefit extended to SO who filed CAT case. But the MOF does not want to extended the similar fixation to similar case of other department . SO SO of other place also file cat cases at Mumbai which Original application is attached .
Hence the discrimation of moF in fixation upgraded scale shall be fight unitidly against the MOF. All fellow similar emypolyee who have the same greivance shall filed CAT case agaisnt MOF.


Attached File(s)
.zip  18750 court case.zip (Size: 23.11 KB / Downloads: 5418)
04-28-2011 05:31 PM
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susant27 Offline
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RE: Regarding wrong fixation done to technical supervisor in grade of 6500-10500/-
Similarly in the line of Assistant pay fixation Now CAG i.e. Comptroller And Auditor General Of India the supreme audit body of India has fixed the pay in the same line as raised by me to their SO/AAO vide circular no.22-Staff(Entt)2011 dt.13/06/2011( copy encl) . In the circular the it is clearly clarified that the how the pay fixation in the revised pay structure in case of the person promoted as SO/AAO during the period from 01/01/2006 to 29/08/2008 and opt fro pay fixation from the date of their promotion after 01/01/2006. And according to which the under rule 5 of CCS(RP) rule 2008 . The pay can be fixed from the date of 01/01/2006 or from the date of promotion. Alternatively they can opt to have their pay fixed from the date of promotion with reference to the fitment table to the pre- revised upgraded pay scale i.e. 7500-12500 at the stage of Rs.7500/- ( minimum of the upgraded pre-revised scale ) in terms of illustration 4A below memorandum annexed to the CSS(RP) Rule 2008 and fixed at stage of Rs.13950/- in PB-2 with Grade pay of Rs.4800/- . In case no arrear shall be payable for the period from01/01/2006 to the date of promotion .
Now the said fixation has been adopted for the upgraded post by the CAG , the supreme audit body of India and hence these can not be incorrect as the rule defined in CCS (RP) Rule 2008 / RS ( RPR 2008) shall be applicable to all Govt employee & it cannot be used unilaterally only for Assistant/PA of CSS cadre or SO/AAO of CAG. Moreover it is also likely to be stated that the Railway Service ( Revised Pay Rule 2008 ) is implemented as consequent of the MOF finance CCS (RP) Rule 2008 as per RTI reply of RB . So Rly cannot state that the Rule applicable to other ministry is not applicable to Rly .


(04-28-2011 05:31 PM)susant27 Wrote:  The above said case the CaT case was file by SO of defence account to MOF & the case was won by SO. Only the benefit extended to SO who filed CAT case. But the MOF does not want to extended the similar fixation to similar case of other department . SO SO of other place also file cat cases at Mumbai which Original application is attached .
Hence the discrimation of moF in fixation upgraded scale shall be fight unitidly against the MOF. All fellow similar emypolyee who have the same greivance shall filed CAT case agaisnt MOF.




I am unable to attach theOrder of CAG due to provlem in attaxchment
Latter on I will upload the file.
(06-27-2011 02:16 PM)susant27 Wrote:  Similarly in the line of Assistant pay fixation Now CAG i.e. Comptroller And Auditor General Of India the supreme audit body of India has fixed the pay in the same line as raised by me to their SO/AAO vide circular no.22-Staff(Entt)2011 dt.13/06/2011( copy encl) . In the circular the it is clearly clarified that the how the pay fixation in the revised pay structure in case of the person promoted as SO/AAO during the period from 01/01/2006 to 29/08/2008 and opt fro pay fixation from the date of their promotion after 01/01/2006. And according to which the under rule 5 of CCS(RP) rule 2008 . The pay can be fixed from the date of 01/01/2006 or from the date of promotion. Alternatively they can opt to have their pay fixed from the date of promotion with reference to the fitment table to the pre- revised upgraded pay scale i.e. 7500-12500 at the stage of Rs.7500/- ( minimum of the upgraded pre-revised scale ) in terms of illustration 4A below memorandum annexed to the CSS(RP) Rule 2008 and fixed at stage of Rs.13950/- in PB-2 with Grade pay of Rs.4800/- . In case no arrear shall be payable for the period from01/01/2006 to the date of promotion .
Now the said fixation has been adopted for the upgraded post by the CAG , the supreme audit body of India and hence these can not be incorrect as the rule defined in CCS (RP) Rule 2008 / RS ( RPR 2008) shall be applicable to all Govt employee & it cannot be used unilaterally only for Assistant/PA of CSS cadre or SO/AAO of CAG. Moreover it is also likely to be stated that the Railway Service ( Revised Pay Rule 2008 ) is implemented as consequent of the MOF finance CCS (RP) Rule 2008 as per RTI reply of RB . So Rly cannot state that the Rule applicable to other ministry is not applicable to Rly .


(04-28-2011 05:31 PM)susant27 Wrote:  The above said case the CaT case was file by SO of defence account to MOF & the case was won by SO. Only the benefit extended to SO who filed CAT case. But the MOF does not want to extended the similar fixation to similar case of other department . SO SO of other place also file cat cases at Mumbai which Original application is attached .
Hence the discrimation of moF in fixation upgraded scale shall be fight unitidly against the MOF. All fellow similar emplyees who have the same greivance shall filed CAT case against MOF.
06-27-2011 02:16 PM
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susant27 Offline
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RE: Regarding wrong fixation done to technical supervisor in grade of 6500-10500/-
The the circular of CAG can be obtained who required this OM& hence the email address shall be posted in the forum to get it
06-30-2011 10:25 AM
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