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January 22, 2013 at 4:54 am #68417
An officer (Dr Sritanu Maiti) of West Bengal Animal Husbandry & veterinary Service (WBAH&VS) holding the pay band scale no. 4A with Grade Pay-6600/- (unrevised scale no. 16) after getting 1st higher scale (unrevised scale no-17) has been directly appointed through PSC to West Bengal HIGHER Animal Husbandry & Vety. Service (WBHAH&VS) on 12.02.2007 in unrevised scale no-17 is drawing less pay from an officer of WBHAH&VS who has also been directly appointed in WBHAH&VS through PSC on 16.10.2012 after getting 1st & 2nd Higher scale in WBAH&VS (Un revised scale no-18).
Both the officer were getting same pay in same unrevised scale in WBAH&VS on 11.02.2007.
NOW THE QUESTION IS WHEATHER THE OFFICER DRAWING LESS PAY THAN HIS JUNIOR IN WBHAH&VS, WILL GET PAY PROTECTION OR NOT?January 22, 2013 at 7:58 am #76494
Re: Pay protection
Narration is not clear. Pls make the statement in a tabular form, indicating initial dates of first appointment of the officers in WBAH&VS, their pay & GP on 11.02.2007 (after pay revision) etc.January 22, 2013 at 2:13 pm #76500
Re: Pay protection
Apparently, what appears from the given statement that Dr. Sritanu Maiti will not get pay protection. However, a conclusion may be derived after going through the comparative Pay Statement of the two Officers indicating their D.O.A., advancements, Pay on 11.02.2007, 12.07.2007, 16.10.2012 as donyi_polo said.
I would like to suggest more that to avoid any complication in future, after going through the discussion here, you may send the case to the Finance Department (appropriate branch) for their views.January 24, 2013 at 4:53 pm #76530
Re: Pay protection
@ Sritanu Maiti, the following thread may help you to provide the data in a tabular format.
How to Insert a TableJanuary 24, 2013 at 5:41 pm #76532
Re: Pay protection
It is apparent that the concept of ‘pay protection’ has no manner of application in the case of Dr. S. Maiti. His pay last drawn in WBAH&VS was obviously PROTECTED as per rules when he switched over to WBHAH&VS on 12.02.2007 through PSC selection.
I presume that Dr. Maiti has wanted to mean ‘Step-up pay’ as he has made a comparison with his ‘junior’ officer who joined WBHAH&VS through PSC selection on 16.10.2012.
The question of ‘step-up pay’ arises when the the pay of a senior working in the SAME POST (i.e. ‘senior’ according to inter se seniority) becomes less than that of a junior AFTER FIXATION UNDER NEW PAY REVISION RULES (transformation of pay from one pay commission rules to next commission rules) subject to certain conditions. If the junior draws more pay than that of senior in pre-revised scale (before new fixation), the pay of the senior officer shall not be stepped up to be ‘at par’ even if it is less than that of his junior in revised scale under new fixation rules. Pls refer to the Notes under Rule 7 of ROPA 2009 as given below:
“Note 4.– Where in the fixation of pay under sub-rule (1), the pay of a Government employee, who, immediately before the 1st day of January, 2006, was drawing more pay in the existing scale than another Government employee junior to him in the same cadre, gets fixed in the revised pay band at a stage lower than that of such junior, his pay shall be stepped up to the same stage in the revised pay band as that of the junior.
Note 5. – In the case where a senior Government employee promoted to a higher post before the 1st day of January, 2006, draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of January, 2006, the pay in the pay band of senior Government employee shall be stepped up to an amount equal to the pay in the pay band as fixed for his junior in that higher post. The stepping up shall be done by the Government with effect from the date of promotion of the junior Government employee subject to the fulfillment of the following conditions:–
(i) both the junior and the senior Government employees should belong to the same cadre and the posts in which they have been promoted should be identical in the same cadre;
(ii) the pre-revised scale of pay and the revised grade pay of the lower and higher posts in which they are entitled to draw pay should be identical;
(iii)the senior Government employee at the time of promotion should have been drawing equal or more pay than the junior;
(iv) the anomaly should arise directly as a result of the application of the provisions of the normal rule or any other rule or order regulating fixation of pay on such promotion in the revised pay structure. If even in the lower post, the junior officer was drawing more pay in the pre-revised scale than the senior by virtue of any advance increments granted to him, the provisions of this Note shall not be applicable to step up the pay of the senior officer.
Note 6. – Where a Government employee is in receipt of personal pay on the 1st day of January, 2006, which together with his existing emoluments exceeds the revised emoluments, the difference representing such excess shall be allowed to such Government employee as personal pay to be absorbed in future increases of the pay.”
The above provisions of ‘step-up pay’ relate to the anomaly in pay fixation in respect of junior & senior employees for NORMAL CHANNEL OF PROMOTION and NOT to a phase of DIRECT RECRUITMENT.
The pay disparity is due to appointment to higher post in WBHAH&VS through fresh PSC selection (Direct Recruitment) in different times and NOT attributable to normal promotion in same service. The officer, who is now junior to Dr. Maiti in WBHAH&VS, belonged to DIFFERENT CADRE in WBAH&VS on 15.10.2012 when Dr. Maiti was in new service (WBHAS&VS), and was in receipt of HIGHER pay ( pre-revised scale 18) than Dr. Maiti (in receipt of pre-revised scale 17) on that date i.e. before joining WBHAH&VS. Therefore, the principles of step-up pay are not applicable.
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