Pay revision representation BSNL

[Vijay Prabhakar Nagarkar]

V.P.Nagarkar  (Rajbhasha Adhikari)

o/o General Manager Telecom

DTO Compound, Ahmednagar-414001 (M.S.)

Dated 02-03-2011

(Through Proper Channel )

To

Director (HRD)

O/o CMD  BSNL ,

Bharat Sanchar Bhavan, Jan Path, New Delhi 110 001

Sub:-        Counting of officiating period for fixation of pay in 2nd PRC

Respected sir,

I would like to bring to your kind notice that the Departmental stream of Rajbhasha Adhikari  who got promoted  after 01-01-2007 and are eligible to exercise option to have their pay fixed on the date of promotion as per Rules/Orders on the subject. This will benefit Rajbhasha Adhikari  who got promoted from Non-Executive cadres and have not crossed the minimum of the Pay scale of RAJBHASHA ADHIKARI. This option is available and is being enjoyed from IV Pay Commission to VI Pay Commission. The same is made available in the Orders of BSNL when 2nd Pay Revision Committee recommendations for revision of IDA Pay scales were communicated to the Executives on 05-03-2009 and for Non-Executives on 07-05-2010.

In such cases the executives are allowed to retain their existing Pre-Revised IDA Pay Scale up to the Date of Promotion and on the date of Promotion, the date on which the executives opted to have his pay fixed in the Revised IDA Pay Scale of Primitive Cadre i.e. RAJBHASHA ADHIKARI, initially his pay is fixed from the Prerevised IDA Pay Scale of his existing scale(Non-Executive) to the Pre-Revised Executive Scale of RAJBHASHA ADHIKARI i.e.Rs.9850-250-14600 and then Prefixed in the Revised IDA Pay Scale of Rs.16400-40500 with 30% Fitment benefit.

Justification of these cases and the orders supporting the case Revision of pay scale for Non-Executive Employees was issued corporate vide office order No;10 of 2010/File No; 1-16/2010-PAT[BSNL] dated 07.05.2010.In the said order Para 3.6 reads as follows:-

“The non executives can opt for the revision of pay on 01.01.2007, or from the date of promotion after 01.01.2007, or from the date of next increment in the existing scale. The option under this shall be exercised in writing in the form as per Annexure-II so as to reach the authority within a period of three month from the date of issue of this order”

Further the following points may also be considered:-

1.) On the date of declaration of result of the examination the order for revision of Pay scales for Non executives has not been issued. Actually it was issued on 07.05.2010.

2.) Since the promotive stream  of  Rajbhasha  Adhikari  holding GROUP ‘C’/Non-executive post up to the date of the promotion till they got promoted to the cadres of RAJBHASHA ADHIKARI which are the entry level posts in executive cadre.

3.) On the date of their promotion IDA Pay scales for both non-executive and Executives were not revised and their Pay fixation was done from the Pre-Revised IDA pay scale of Non-executive to Pre-Revised IDA pay scale of RAJBHASHA ADHIKARI ie 9850-250-14600.

4.) Hence only on 07-05-2010, the date on which the order of revised IDA Pay scale for non executives was issued their pay could be fixed in the revised IDA pay scale of Executives even though it was issued on 05-03-2009.

5.) Hence the question of exercising option to fix their pay on the date of their promotion arises only w.e.f 07.05.2010.

6.) Further exercising option extension were given up 31.12.2010 due to introduction of Non Executive  promotion policy.

7.) Some of these officials have also officiated in the scale of 9850-250-14600 before regularly promoted to the cadre of RAJBHASHA ADHIKARI and their pay has also to be protected and the service rendered as Officiating RAJBHASHA ADHIKARI shall count for the purpose of granting increment in the Revised IDA Scale of Pay and their increment has to be proponed accordingly.[Pay drawn on Officiating period]

8.) In addition DOP&T OM NO.7/14/2010-E.III(A) dated 05.07.2010 which was also endorsed by BSNL Corporate officer circular No:20 issued vide Lr No:1-49/2010- PAT BSNL dated 23.12.2010 in which Para (ii) reads as follows “ who has been placed in a higher pay scale between 01.01.2006 and the date of notification of theses rules on account of promotion, up gradation of pay scale etc, the government servant may elect to switch over to the revised pay structure from the date of such promotion, up gradation etc.”

9) Revision of pay scale for Non-Executive Employees in BSNL takes effect from 01-01-2007. But the orders to this effect were issued by BSNL Corporate Office[Office Order No: 10 of 2010] vide File No: 116/2010-PAT (BSNL) dated 07-05-2010. As per para 3.6 of this order stipulates “ The option under this shall be exercised in writing in the form Annexure-II so as to reach the authority within a period of three months from the date of issue of this order”.

11.)  Further as per DOP&T OM No.1/1/2008-IC dated 29.01.2009 which has been communicated vide Circular No: 19 of Lr. No:1-49/2010-PAT (BSNL) dated, the 23-12-2010 in which clarification regarding Fixation of pay and grant of increments in the revised pay structure was issued.

As per Rule 5 of the Central Civil services(Revised Pay) Rules 2008, a Government servant placed in a higher pay scales between 01-01-2006 and the date of notification of these rules on account of promotion, up gradation of pay scales etc., can effect to switch over to the revised pay structure from the date of such promotion (i.e. after placement in the promotional grade), up gradation etc. The employees promoted or upgraded to higher grade have option to have their pay fixed/refixed as per the provisions of FR 22/FR23 from the date of next increment etc. Proviso to Rule 5 of CCS (RP) Rules, 2008 states that a Government may elect to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale, or until he vacates his post, or ceases to draw pay in that scale.

The Rule ibid further provides that in cases where a Government servant has been placed in a higher pay scale between 01-01-2006 and the date of notification of these Rules on account of promotion, up gradation of pay scale etc., the Government servant may elect to switch over to the revised pay Structure from the date of such promotion, up gradation, etc.

12)  Revision of Scales Pay of Board level and below Board level Executives of BSNL has been effected with effect from 01-01-2007 which was communicated vide BSNL Corporate Office Lr: 1-50/2008-PAT (BSNL) dated 05th March,2009. Several field units sought clarifications with reference to the office order dated 05-03-2009. An order clarifying certain important Queries was issued by BSNL Corporate Office Lr.No: 1-11/2009-Pat (BSNL) dated 31-03-2009 issued in which Query Numbers 5 and 6 and the clarifications issued in this regard are reproduced below.

The executives can opt to get the revision  of pay on 01-01-2007 or from the date of promotion after 01-01-2007 or from the date of next increment in the existing scale.

Hence in the light of the above, the non-executives who got promoted subsequent to 01.01.2007, should be given the chance to exercise option to fix their pay in the revised IDA pay scale from the date of their promotion and they will draw pay in the pre-revised IDA scale of the parent cadre till the date of promotion to the cadre of RAJBHASHA ADHIKARI and on the date of promotion their pay will be initially fixed from the per-revised IDA pay scale of the parent cadre to the pre-revised IDA pay scale of RAJBHASHA ADHIKARI ie 9850-250-14600 and then refixed in the Revised IDA pay scale of 16400-40500 with 30% Fitment benefit.

And further for those officials who was promoted on Officiating Basis to the cadre of RAJBHASHA ADHIKARI prior to their regular appointment to these cadres, their service rendered in these cadres shall count for the purpose of increment also. For further clarification in this matter please refer Pay Rules 2008 of Gov. of India GCR -622 (E)  3 Definition 5( Drawls of pay in revised pay structure ) under Explanation 3 which stated that -

“ Where a Government servant exercises the option under the proviso to this rule to retain the existing scale in respect of a post held by him in officiating capacity on a regular basis for the purpose of regulation of pay in that scale under FR 22 , or any other rule or order applicable to the post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing scale in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher”

Also Please refer  Pay Rules 2008 of Gov. of India GCR -622 (E)  7. Fixation of initial pay in the revised pay structure under note 5 which stated that –

“  Where a Government servant is holding a permanent post and is officiating in a higher post on a regular basis and the scales applicable to these two posts are merged into one scale , the pay shall be fixed under the sub-rule with reference to the officiating post only, and the pay so fixed shall be treated as substantive pay.  The provision of this note shall apply mutatis mutandis, to Government servant holding in an officiating capacity, posts on different existing scales which have been replaced by the revised pay structure. “  

In view of above , it is requested to kindly issue favorable orders to count increments drawn in   officiating period of Rajbhasha Adhiakari as substantive pay and revise the pay accordingly.

Thanking you,

Yours faithfully

( V.P.Nagarkar)

Rajbasha Adhikari

Copy to
1.       General Manager Telecom, Ahmednagar
2.       Chief General Manager Telecom, MH Circle, Mumbai
           It is requested to kindly forward this application for further necessary action please.