Pay refixation for ROPA 2009

Dear friend,
In my another communication dated the 22nd Aug. 2012 made on manner & responsibility of fixation of pay I have have clarified by making citations from my personal experience. I can’t understand why can’t your pay be fixed in new school if original s/book is now in their custody. Only ORIGINAL SERVICE BOOK WITH UP-TO-DATE RECORDS IS REQUIRED FOR FIXATION OF PAY. Another aspect is very important – thorough knowledge & understanding of Acts & rules. Many professionals know the rules but DON’T UNDERSTAND THE RULES i.e. proper applications of rules in a critical situation. This is, perhaps, the root cause of many problems.
Few points mentioned by you in your write-up are not clear to me:
(1) Who did fix your pay under ROPA w.e.f. 01.01.06?
(2) How many times have you been transferred – twice ? on 05.11.08 & 11.07.12 ?
(3) Is it that you are now in 3rd school as you joined the 1st school on 22.07.02, was transferred to 2nd school on 05.11.08 and again to the 3rd school on 11.07.12?
(4) You applied for LPC to which school – 1st or 2nd?
(5) Still not clear – why is ROPA 2009 not now applicable for fixation? Is it b’coz that your pay was earlier fixed under ROPA 2009 in 2nd school?
Now let me raise few questions:
(1) What is the use of transfer of the Service Book to new school in case of continuity of service benefits ???????
(2) How can the competent authority of the new office accept & approve your past service and, count your past records & pays for the purpose of pay protection unless he/she is fully satisfied with authenticity/genuinity of the facts & evidences of previous service recorded by previous H.M. in the S/Book under proper attestation ????????????
I am supplying the abstract of rules/guiding principles for maintenance of S/Books of Central Govt. employees. Such rules are almost (!) same for all the govt. employees – whether in state & central govt. employments. Pls concentrate on the items marked in red. Service Book.pdf
It is clearly stated that the service book should be kept in the custody of the Head of Office in which the official is working. If it is true, how can the new authority send the S/Book to the previous school for pay fixation and entering the necessary records ??????
Actually, the Audit Officers take care of the verification of S/Books after the records are entered by the office. So, you may consult the Audit Officers associated with your schools (both new & old).
Waiting to hear from you.
Thanx.

1. My 2nd school fixed my pay under ropa 2009 w.e.f. 1.1.2006.
5. The D.I of Schools says that I can not excercise my option on 1.1.06 & so, my pay can not be refixed from 1.1.06. According to the D.I of schools, my pay would be fixed on the basis of prerevised pay as on 05.11.08 ( which is joining date in my 2nd school) & if my pay decreases in comparison with other same experienced ( i.e same period of service) teachers, I can get pay protection.
Is it true?

When the pay was fixed by the 2nd school under ROPA 2009 w.e.f. 01.01.2006 and you continued to drawn salary with reference to the revised pay in that school from 05.11.08 to 10.07.12 what’s wrong with the last pay of 2nd school. Whether your pay was wrongly fixed? I can’t follow the opinion of D.I. of 2nd school. It is not still clear why should your pay be repaired under prerevised scale w.e.f. the date of joining in 2nd school ! Whether your 2nd school has recorded new fixation in your Service Book, which was done under ROPA 2009 and whether it was passed in audit check-ups! I presume you are treated as a “fresh recruit” w.e.f. 05.11.08. You are never a “fresh recruit” as you have changed your job from one schoool to another with continuity of service benefits, without involvement of change of post & attached pay scale. Your pay shall be always protected. No doubt b’coz this is not a promotion, rather a change of place of posting.
In reply to your last query I make it clear that that exercise is called stepping up of pay allowed to an employee subject to certain conditions. Yes, this is done to protect pay of a senior who has got pay fixed at an amount lower than the pay of a junior member holding the same post in same service. Pls. elaborate the clarifications given by DI. Let me think!

@mbhunia,
Relying on the version of DI of the 2nd school (?) it is now borne in my mind that you were appointed to the same post in the 2nd school through another SSC examination (open selection). If I am not wrong, this is not a case of normal transfer/ mutual transfer from one school to another. Perhaps, you mistakenly (unknowingly) used the term “transfer” to describe change of job from 1st school to 2nd school, which confused me a lot. You were neither a “transferee” nor a “fresh recruit” in the 2nd school. You were basically a “direct recruit with entitlement to the benefits of past service”, who was appointed in the 2nd school “by subsequent appointment by fresh selection” on or after 01.01.2006. In that case you are not eligible to exercise the option for date of fixation of pay under ROPA 2009 in terms of “Explanation-II” under Rule 5: Drawal of pay in revised pay structure. Pls see the excerptions of relevant part of ROPA 2009 as attached below: Option under ROPA.pdf
I agree with D.I. that your pay is to be fixed in revised structure with effect from the date of appointment (05.11.08) in the 2nd school and not w.e.f. 01.01.2006. You may get pay protection, If necessary.
I have already clarified the difference between “fresh recruit”, “direct recruit” & ” promottee” in my earlier communications made to another member, in relation to pay fixation.
QUERY:” Does it mean that teachers who got transferred through SSC exam. in between 1.1.06 & 27.02.09 would be treated as fresh entrant and their pay as entry level pay? If not then how their pay will be fixed according to ROPA 2009?”
REMARKS: No, those teachers are not at all new entrants i.e. ” fresh recruits” in school service. Otherwise they will be great losers under ROPA,2009. It is never permitted. Entry level pay is not meant for them b’coz they got their entry in schools through SSC exam. some times in the past i.e. before the date of effectiveness of ROPA,2009. Their pay will be fixed in revised pay structure under ROPA,2009 with reference to the pay last drawn by them in pre-revised scale (ROPA,1998) in the previous schools, with effect from the date of appointment in the new schools. It is not a case of transfer, it is their SECOND APPOINTMENT IN SCHOOL SERVICE through SSC EXAMINATION.
Entry level pay is allowed only to the teachers who are “fresh recruits”/ “new entrants” i.e. APPOINTED FOR THE FIRST TIME in aided/sponsored schools through SSC selection. These teachers have no history of “past service” in aided/sponsored schools in WB and, thus, not eligible for continuity of service benefits.
Thank u.

Entry level pay is not meant for them b’coz they got their entry in schools through SSC exam. some times in the past i.e. before the date of effectiveness of ROPA,2009. Their pay will be fixed in revised pay structure under ROPA,2009 with reference to the pay last drawn by them in pre-revised scale (ROPA,1998) in the previous schools, with effect from the date of appointment in the new schools. It is not a case of transfer, it is their SECOND APPOINTMENT IN SCHOOL SERVICE through SSC EXAMINATION.

Thanks a lot. Then
1. Do I lose the arrears for the period 1.4.o8 to 4.11.08 as the arrears actually paid from 1.4.08 to 31.3.09?
2. When will I get my 10 years’ benefit?
3. In prerevised scale my basic pay was 7350/= on 5.11.08,
in revised scale , it will be 7350*1.86= <13671>=13680+G.PAY 4800=18480/=
If I did not change my place of job through SSC exam., then on excercising option on 1.1.06 , my basic pay +G.Pay would have been 18830/= on 5.11.08 i.e. I will lose Rs.350/= per month on basic pay. In this way, place of job change is a punishment to me.
4. To get pay protection, it is required to search within my 2nd school a junior whose pay is higher than mine. Now to search a junior, which date of my appoint (22.7.02 or 5.11.08) is to be considered?
5. If 5.11.08 is considered as basis for finding a junior, there is none. then will I not be eligible to stepping up my pay?
6. More over in ROPA 1998 this clause was absent.

Pls feel free to knock me, if u have any confusion! Are u from any schools of Midnapore distt.!

@mbhunia
I feel extremely sorry to say that I could not properly follow your case and, therefore, my previous inference regarding date of fixation of your pay was wrong.
Rule 5 of ROPA,2009 speaks about the OPTION whether an employee can elect to draw pay in revised structure under ROPA,2009 or still continues to draw pay in pre-revised scale under ROPA,1998 even after the implementation of ROPA,2009? See Note-3 & 4 of Rule 6 (Option) which explain the scope of fixation of pay in revised scale w.e.f. 01.01.2006 even if the employee does not exercise any option for drawal of pay in pay structures – whether pre-revised or revised.
Since you joined the 2nd school on 05.11.2008 with continuity of service benefits, your pay will be fixed with effect from 01.01.2006 under provisions of Rule 7(a) of ROPA,2009 and not under ROPA,1998. You have no option to draw pay in pre-revised scale under ROPA,1998 because you have changed school “by subsequent appointment by fresh selection”.
Rule 11 (and not Rule 5) provides OPTION FOR DATE OF FIXATION OF PAY to promotees only. In your case, I was confused with applications of Rule 5 and Rule 11 which deal with two separate OPTIONS in ROPA,2009 – one OPTION under Rule 5 is for employee’s discretion for drawal of pay under either ROPA, 1998 or ROPA, 2009 and, the other OPTION under Rule 11 of ROPA,2009 as available to a promotee for date of fixation of pay in new pay scale of promotional post. Since you joined the service in the 1st school in year 2002 i.e. before 01.01.2006 your pay will be fixed in terms of Rule 7(a) (fixation of initial pay in revised pay structure) and its clarifications in Note-4(a) of ROPA,2009 with effect from 01.01.2006. You are eligible to get arrear for the period 01.04.2008 – 31.03.2009.
Since you were not a first appointee in school service, I think, your 2nd school has rightly fixed your pay with effect from 01.01.2006 as per Rule 7 (a) and corresponding Note-4 (a).
I request you to go through the ROPA,2009 once again thoroughly, especially provisions of Rule 5 & its Explanation-II, Rule 6 and Rule 7 & its Note-4(a). Rule 8 (for fresh recruits appointmented in service on or after 01.01.2006) and Rule 11 (for fixation of pay in case of promotion on or after 01.01.2006) are not relevant to your case.
Though I am neither a teacher nor a state govt. employee yet I studied ROPA,2009 for your benefit. If you still have any doubt, pls feel free to ask me.
Good luck!

The Substantive Post means the Sanctioned /Approved Permanent Post; and the Officiating Post means as Deputation/ Lien/Casual etc. When a Permanent post vacant and this vacate post filled up by the post temporarily is called Officiating Post. In case of the appointment as the Additional Post is also may called Officiating Post. This post will be permanent after Retention (after successes full completion of 2 years) approved by the D.I./Govt.