Step-son of the Govt. Not getting salary.
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October 22, 2012 at 6:26 pm #74921
Anonymous
InactiveRe: Not getting Salary, Step-son of the Govt.
Dear Bhunia,
The papers required for approval are:
1. Proforma for approval (3 Copy).
2. Copy of authentication memo.
3. Copy of S.S.C. recommendation letter.
4. Copy of M.C. resolution.
5. Copy of appointment letter & joining report.
6. Copy of postal acknowledgement.
7. M.C. validity certificate.
8. No- litigation certificate.
9. Copy of all educational testimonials.
10. Copy of the release order from the earlier school.
11. Copy of approval from the earlier school.
12. Last pay certificate.
13. Surrender certificate from Employment exchange (if it exists).
Without your LPC how can DI mention your scale of pay in the approval. So you require LPC.
Yes, it takes some time to get a reply from DSE. You will have to bear it.
Tirthankar.October 23, 2012 at 6:07 am #74926InactiveRe: Malay Bhunia
Dear Mr. Banerjee,
Thank you very much for your valuable comments on the pay fixation matter of Mr. Bhunia. Your views are in agreement with those of me that pay of Mr. Bhunia should be fixed with effect from 01.01.2006 under ROPA,2009, allowing consequential arrears to him.
However, I contradict to you on the relevance of Explanation-II under Rule 5 of ROPA,2009.……
This is a case of fresh selection with continuation of service in the same post and thus Explanation-II of Rule 5 of ROPA’2009 is not applicable here……Explanation-II follows that:
“Rule 5. Drawal of pay in revised pay structure:
…………………………….
Explanation-II: The aforesaid option shall not be admissible to any employee appointed to a post on or after the 1st January 2006 whether for first time or by subsequent appointment by fresh selection and he shall be allowed pay only in the revised pay structure. “
My contention is that he is not a “fresh recruit” at all in the 2nd and 3rd schools. Instead, he is “a direct recruit” through SSC, with all attendant benefits of continuity of past service rendered by him in other schools. Thus the clause “by subsequent appointment by fresh selection” in Explanation-II is attracted in his case. If so, there is no meaning of exercising the option for drawal of pay either in pre-revised scale under ROPA,1998 or in revised scale under ROPA,2009.
Wish you and your family a very HAPPY NAVAMI!
With regards.October 23, 2012 at 7:52 am #74929InactiveDear Dr Majumdar,
I agree with you. Actually the term ‘FRESH’ is not applicable in case of Mr. Bhunia.
With regards,
Tirthankar.October 24, 2012 at 7:10 am #74944InactiveDear Mr. Banerjee,
Frankly speaking, I have a practical experience of fresh selection in govt. services on two occassions when I switched over from one govt. job to another. Let me clarify the matter. The clause FRESH SELECTION obviously differs from the clause FRESH RECRUIT in the sense that it is not a case of selection for PROMOTIONAL POST on the basis of the recommendations on the Departmental Promotional Committee (DPC). Here, the term “fresh recruit” refers to the “appointment in the service for the first time” while the term ”fresh selection” always implies the selection through open competitive exam./interview and, not a selection through the DPC. A “fresh recruit” is always a “direct recruit” but, a “direct recruit” may not always be a “fresh recruit”. An incumbent (already in a service) applying through proper channel or with NOC from present employer, when appointed in another service after new selection, is always treated as a direct recruit (and not fresh recruit) through fresh selection in new service. Since the Appointing Authorities for aided schools are the MCs which are different for different schools and, there was no scheme for regular transfer of teachers ,change of job from one school to another required FRESH SELECTION through SSC only with continuity of service benefits.
Actually, I wanted to mean that Mr. Bhunia was a “Direct Recruit” and not a “Fresh Recruit” in the 2nd school as it was through another SSC selection which is NOT at all his first time appointment in an aided school. This is his second appointment in school service. Since he changed job from 1st to 2nd schools through another SSC selection (and not under normal regular transfer scheme like govt. teachers) it is a case of “Direct Recruitment” through fresh SSC selection with entitlement to all the benefits of continuity of service.
I expect more and more participation from you on regular basis in this forum!
Wish all of you A SUVO VIJAYA DASHAMAI! BHALO THAKUN, ANANDEY THAKUN!
With regards.October 24, 2012 at 12:30 pm #74933Inactive@Mr. Majumdar
In ROPA-98 under RULE 5(drawal of pay in revised pay structure),Explanation-II the term ”OR BY SUBSEQUENT APPOINTMENT BY FRESH SELECTION ” was absent. Then what may be the logic to add these words in ROPA-09? With thanks and SUVO BIJAYA.October 25, 2012 at 4:28 pm #74961Inactive@mbhunia
Frankly speaking I don’t know the actual reason of such newly introduced clause in ROPA,2009. We have to go through the original explanations/ clarifications of the 5th State Pay Commission in anticipation of getting some hints. This is a voluminous report dealing with several demands of the State Govt. Deptts., their justifications and views/ considerations of the Commission.October 26, 2012 at 7:38 pm #74982InactiveDear Mr. Bhunia,
Pls read the following observations and recommendations made by the 5th Pay Commission for the teachers in aided/sponsored schools.
“51.39: The teachers of aided schools are covered by Career Advancement Scheme under ROPA-1998. This has further been repeated in G.O. No. 181 – SE dated 18.10.2009. However, the issue has been dealt with in a separate chapter of this volume. Our recommendation in the said chapter may be referred to.
51.40: Representation has been made for introduction of a system of ‘Transfer’ of teachers of non-government aided schools from one school to another.
51.41: The teachers/employees of non-government aided schools are appointed by the respective Managing Committees on the basis of recommendations of the School Service Commission. Hence, the system of transfer, as applicable to Government employees, is not permissible under the existing laws/rules for the teachers of non-government aided schools. However, we recommend that the Government may evolve a system of ‘Mutual Transfer’ for the teachers of aided schools with a monitoring by the Government/Board of Secondary Education/District Inspector of Schools.”
[Ref: The 5th State Pay Commission Report, Vol-II, Chapter 51 ( School Education Dept.), page 609]
I understand that the recruitment of teachers in Secondary/ H.S. schools were done on the recommendation of MC of that school before 1998. MC used to play dual role – Selection Authority & Appointing Authority. There was no SSC for selection of teachers. There was also no scope of change of school either through a new SSC exam. or through mutual transfer policy. After the SSC came into being in 1997 teachers have been regularly selected by the Commission while the MC has become the Appointing Authority only. Therefore, it has now become possible for the teachers to change school through another SSC selection after at least 3 years’ of regular service. Any teacher working in an aided school through SSC selection and willing to change service to the another school was required to undergo fresh selection by SSC once again because of lack of regular transfer policy before implementation of mutual transfer policy. Change of school through SSC is regarded as change of appointment because of change of Appointing Authority (MC). It’s not simply a change of place of posting like that of Govt. school teachers.Therefore, a teacher when appointed by MC of another school “ by subsequent appointment by fresh selection” by SSC does not have option for selection of drawal of pay either under ROPA,1998 or under ROPA,2009. In such a case, he is bound to draw pay in revised structure under ROPA, 2009 in the new employment in new school. For Govt. teachers, there is no such problem because of regular transfer policy and, there is no question of change of school through another fresh selection by PSC and, no change of Appointing Authority while changing service to another school on transfer. In this case Appointing Authority is always the Hon’ble Governor of WB. In their case, change of school on transfer is simply a change of place of posting.
I think, the 5th Pay Commission by keeping in view all these aspects has inserted the additional clause like “ by subsequent appointment by fresh selection” for aided school teachers.
Pls rest assured! I hope you will get the justice finally. Option is not a bar at all. 99% employees prefer revised scale.
With regards.October 27, 2012 at 4:27 pm #74992InactiveDear Dr Majumdar,
Many many thanks for giving so much effort in detailing and making us knowleagable in this point. I was really trying and going through different texts for the few past days. You have made my task easier. I now feel releived. I completely agree with the opinion placed by you.
Once again thanks.
Tirthankar.October 27, 2012 at 5:53 pm #74990InactiveDear Mr. Banerjee,
Thanks for the compliments!
There goes a famous saying that “if your only tool is a hammer then all the problems look like nails”! The members can share their knowledge & experience to address an issue in this forum! Thanks to nemo (Admin.) for giving the scope!
With regards!October 28, 2012 at 2:11 pm #75004Inactivedonyi_polo wrote Change of school through SSC is regarded as change of appointment because of change of Appointing Authority (MC). It’s not simply a change of place of posting like that of Govt. school teachers.Therefore, a teacher when appointed by MC of another school “ by subsequent appointment by fresh selection” by SSC does not have option for selection of drawl of pay either under ROPA,1998 or under ROPA,2009. In such a case, he is bound to draw pay in revised structure under ROPA, 2009 under the new Appointing Authority in new school.
If someone like myself change schools through ssc exam., on which basis his/her pay would be revised ? Or his/her pay would be fixed in the entry level pay?
Please consider the following 3 situation when replying.
……… Change of school
1. Before 01.01.06
2. In between 01.01.06 & 27.02.09(date of notification of ROPA 09)
3. After 27.02.09 with thanks . -
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