Pay refixation for ROPA 2009

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.

Yes, you were correct in your decisison. Pls see what the Rule 7 of ROPA,2009 says:
“7. Fixation of initial pay in revised pay structure:
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(a) in case of all employees, –
(i) the pay in the pay band of an employee who continued in service after 31st December, 2005, shall be determined notionally as on 1st day of January, 2006, by way of multiplying his existing basic pay by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
Provided that if the minimum of the revised pay band in higher than the amount so arrived at in accordance with the provisions of this item, the pay shall be fixed at the minimum of the revised pay band.
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Note – 4: (a) For the purpose of fixation of pay under this Para, every employee, who held before the 1st January, 2006, a post substantively and other post or posts on officiating basis, shall exercise option in the appropriate form set out in Annexure II for fixation of initial pay separately in the revised scale of pay of the substantive post and also in revised scale of pay the officiating post. If the number of officiating posts held by the employee is more than one, he shall exercise option for fixation of initial pay in the revised scale in respect of the last officiating post.”
Check whether you filled up Option Form in a correct manner i.e. whether you showed your interest in pay fixation in revised structure under ROPA,2009! Or did any mistake there by way of giving option for continuation of pay in pre-revised scale under ROPA,1998! Or mistakenly opted for wrong date of fixation like 05.11.2008 instead of 01.01.2006!
Best of luck!