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Om Prakash (service)     28 June 2013

Pay fixation on direct recruitment

Respected members 

I am in need of ur guidance in the following matter :

I was working in a Central Autonomous Body in pay band 5200-20200 + 2400 GP and drawing basic pay 14,600/- (12200+2400GP)  I have been selected through Direct Recruitment in pay band 9300-34800 + 4200 GP in another central autonomous body. I have been relieved on 26.06.2013 (AN) by my parent department with permission to retain lien as per govt. rules and now I joined new deptt. on 27.06.2013 (FN).

Kindly guide me what will be my protected pay and DNI in new department.

Thanks in advance....

Regards

OM PRAKASH

 

 



Learning

 24 Replies

Sudhir Kumar, Advocate (Advocate)     29 June 2013

If the application is through proper channel then pay will be protected and the pay in lower post is already higher than theminimum pay of higher post, your pay will be efixed in the same manner as in case of promotion.

Sudhir Kumar, Advocate (Advocate)     29 June 2013

But yur old deptt has to send the service book immediately.  In the meanwhile you can draw provision pay under FR 23. But initially your new deptt will be inclined to give you regular pay on the minimum of pay scale and such enahncement can take place later when your service book arrives duty audited.

Om Prakash (service)     29 June 2013

Respected Sudhir Sir,

Thank u so much for ur prompt reply.  Sir I had applied through proper channel and my parent department allowed me to retain lien for 2 years. Sir I am in doubt  whether FR-22 applies in case of direct recruitment. So far as I understand and discussed wtih staff of new department, I would get Basic Pay Rs.16400/- (14600-2400=12200+4200=16400/-) and my DNI will be 01-07-2014.

I would be grateful to u if u kindly guide me whether I would get one notional and one annual increment as in case of pay fixation at the time of promotion under FR-22 by giving option for fixation from increment date i.e. 01-07-2013. 

Thanks once again sir...

Regards

Om Prakash

Sudhir Kumar, Advocate (Advocate)     29 June 2013

yes                                  

Om Prakash (service)     29 June 2013

Thanks for reply Sir.... 

I would be obliged if u kindly provide me rule position in this regard..

Once I read a case, which is reproduced as under :

• Option for fixation of pay under FR 22(I)(a)(1) is not available for direct recruits.

While I was working as Sr. Technical Assistant and drawing a Basic Pay of Rs 8,300 in the scale of Rs 6,500-200-10,500, I joined the department of Customs and Central Excise as Chemical Examiner in the scale of Rs 8,000-275-13,500 by tendering technical resignation to the previous post. Since my date of increment in my previous post was on 1-2-2002, I represented for fixation of my pay in the scale of Rs 8,000-13,500 initially at the stage next above the pay drawn in the lower post and re-fixation on the date of accrual of my increment in the previous post, i.e., on 1-2-2002 as per provisions contained under FR 22 (I)(a)(1). However, the Department has refused to fix my pay accordingly and the reason stated is that, such provision is not applicable to those appointed based on the UPSC selection. Kindly enlighten me.

As per FR 22(I)(a)(1), option is not available for direct recruits. The contention of your office is correct.

I am not confirm whether this case is not similar to me or not... but it shows that as per FR 22(I)(a)(1), option is not available for direct recruits.. 

Regards

Om Prakash

Sudhir Kumar, Advocate (Advocate)     30 June 2013

you are not allowed to postpone pay fixation till next increment as it happens in case of regular promotion.

 

You have assumed the post attaching higher responsibility so the pay will be fixed accordingly.

1 Like

Om Prakash (service)     30 June 2013

Thanks once again Sir..

But staff of my new department is also saying that  pay fixation option is available for promotees only in same department not for outside direct recruitees, even if they are getting more pay than minimum of the pay band of new post.. They are giving me only difference of grade pay (i.e. 4200-2400=1800). No any notional increment and no my regular increment, which I would have drawn in my previous department on 01-07-2013 if I would not have joined new department.

Kindly provide me rule position, so that I can show them... I would be very grateful to u sir..

Thanks & regards

Om Prakash

Om Prakash (service)     30 June 2013

Respected Sudhir Sir,

My staff of my new department told me that my pay will be fixed as under :

 

Pay as on 26/06/2013 in previous department               12200 + 2400/- GP

 

Pay protected in new post in pay band 9300-34800/-    Rs.16,400/- (12200+4200/- GP)

+4200 GP w.e.f. 27/06/2013 with DNI 

as 01-07-2014

Sir kindly guide me whether it is right or not..

Thanks & regards

Om Prakash

Om Prakash (service)     05 July 2013

Respected Sir,

Kindly guide me, whether the above pay fixation is correct or otherwise. I will be very grateful to u sir..


Thanks & regards

Om Prakash

Sudhir Kumar, Advocate (Advocate)     05 July 2013

you have assumed a post of higher responsibiloity andare also entitled for two increments while fixing of pay.

Om Prakash (service)     06 July 2013

Respected Sir

I have no words to say you thanks because u gave me a new hope to solve my pay fixation problem. Sir I m really very sorry to bothering you but my office told me that amendment to FR 22(I)(a)(1) withdrawing option for pay fixation in the case of appointment on direct recruitment basis was issued vide DoPT OM No. 13/6/95-Estt.(Pay-I) dated 10.8.2000. Accordingly I am not elligible for increments, as I have been selected through direct recruitment and my pay has been fixed to Rs.16,400/- as I shown earlier by giving difference in grade pay only. I dont have copy of above OM dated 10.08.2000 and it is not available on internet also. My office also dont have copy of above OM but it is quoted under FR-22 in FR-SR Part-I book of Swamy's.

Sir if u have any rule position in support of my case.. kindly provide... I will remain ever grateful to u sir. 

Thanks & regards..

OM PRAKASH

Sudhir Kumar, Advocate (Advocate)     06 July 2013

please see that circular dated10.8.2000.. get it from site of dopt

Om Prakash (service)     07 July 2013

Respected Sudhir Sir,

I searched a lot DoPT website as well as other websites, but I didnt find full text of above order. Only reference to this circular is given in many cases, which shows that option for pay fixation is not avaiable to direct recruits. 

Thanks & regards

Om Prakash

Sudhir Kumar, Advocate (Advocate)     07 July 2013

seek copy from the clerk who is asserting on the same.

 

your query is verbal so is there reply and they have option to talk irresponsibly.


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