apoorva gupta 31 July 2017

Pay fixation/revesion on direct recuritment

Respected Sir ,

I am working in BSNL(CPSU )as Executive . Before that i was working in the same CPSU as non executive since 2002 .I am applied for the post of Executive(JTO) in direct recuritment through proper channel and selected . After giving technical resignation i appointed as JTO in august 2009 my employeer put me in revised pay scale of JTO (16400-40500) as a fresh candidate .The pay revision for executive notifiy in march 2009 in force from 1.1.2007 where as pay fixation of Non excutive notify letter in may 2010 also in force from 1.1.2007..

On notification of Non Executive pay revesion i ask my employeer to fix my pay as on promotiom but they denied by saying that your case is not promotion as you come through direct recuritment. Even after repeated reminder they fix my pay by as oldpay+fitment benefit + one notatinal increment and my demand is to fix my pay as on promotion as done in case of departmental employee selected through departmental exam or by DPC promotion is not consider on ground that i came to the executive post by direct reuritment. Kindly guide.me whether my pay fixation is right or not . If fixation is wrong please provide ruling if possible.

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3 Replies

(Guest)

At first get your pay fixed in revised scale in the lower post from which you applied for a JTO post. Once the pay is fixed, get revised LPC sent to the DDO of the present post. They will have to fix the pay accordingly. Thereafter, if you feel any difficulty again, you may feel free to contact through PM at LCI.

apoorva gupta 01 August 2017

Thanks for quick reply . Sir in my department they fix pay on promotion using FR 22 1 a 1 .I want to know the following-

1. as i am on roll on the as on 1.1.2007 and get higher post by applying through proper channel whether it is treated as promotion and pay is to be fixed as per FR 22 1 a 1 as done in case of promotion.

2. My pay is revised in old post and after giving one incerement in lower scale they fix my pay in higher post.

3.The BSNL CO gives instruction to fix my pay as per FR 27 .I read it and it says " The utility of this rule lies in its applicability to cases of fixation of Pay where the application of normal rules gives rise to extreme hardship or difficulties. The main rule governing fixation of pay on promotion or on initial appointment to a post is FR 22(I). The Competent Authorities may, in their discretion, fix the pay of a Government Servant at a stage higher than that permissible, under FR 22(I) by invoking the powers under FR 27. There are, however, certain limitations to the use of their discretion; for example, it is a long established convention that FR 27 should not be resorted to in any case in order to give a higher initial pay than the recommended by the UPSC. The powers to disregard the provision of FR22(I) must be exercised with discrimination. Recourse should not be taken to FR 27 so often to reduce FR 22(I) to a mere nullity. " pl guide that under FR 27 using power of FR 22 my pay fixed as on promotion.

4. In Non executive pay reveison two option are given one can opt pay revesion

( i) from 1.1.2007

(ii) from date of promotion

is this ii option i.e. date of promotion is applicable to my case.

Thanks in advance . Waiting for your valuable advice.

(Guest)

Don't try to get your case complicated in the name or assumption of promotion. Follow simple rule, get pay fixation on the due date in non-executive cadre, as your appointment to the executive post was not a promotion in your actual line of promotion, but a fresh appointment on an ex-cadre post, as a fresh recruitment, may that be in the same organization or through proper channel. So, there is no option for you other than to accept pay revision from the date due, i.e., 01.01.2007, when not posted on the ex-cadre post. So, adopt whatever process I have already suggested you. Once your pay is refixed in the parent cadre only thereafter you can claim enhancement of pay in the new cadre, as a matter of protection of pay.