Modified Query - How the pay is fixed in the ex-cadre post when an employee is permanently absorbed in that post subsequently ?
Original Query - I am a Lecturer in District Institute of Education and Training under the Department of Education, Union Territory of Lakshadweep. I was working as Trained Graduate Teacher (Grade-II; pre-revised 6500-200-10500) in the Department of Education UT of Lakshadweep in PB-2 (GP-4800) before being absorbed after deputation as Lecturer on fulfilling all the required qualification and the formalities on 19-11-2009. During my deputation I had opted my parent pay and I was paid with deputation allowance till my absorption. But after the absorption my deputation allowance was seized and my office denied me the benefit of promotional increment on the ground that my post carrying same PB and GRADE PAY of 4800. My previous designation was Trained Graduate Teacher (Senior Scale) in Secondary School and now I am a Lecturer in District Institute of Education and Training (DIET) which it a teacher Training Institution. Are the Lecturers (Teacher Educators) having duties & responsibilities of greater importance than a Teacher working in schools? Am I eligible to get the provision of benefit of fixation under FR 22 (I) a (I) rule during my absorption in the same department after deputation by considering me as a departmental promote? (Mr. Mirsad Khan, Union Territory of Lakshadweep)

Reply - The issue of pay fixation of a deputationist on his/her permanent absorption in the ex-cadre post has been dealt in the MHA OM No. 1(11)-E.III(B)/69, dated 20/01/1970 and OM No. 1(1)-Estt.(P.II)/81, dated 21/02/1983 which stipulate that pay of those deputationists who draw pay in their parent grade plus Deputation Allowance in the ex-cadre post may be fixed on their permanent absorption as if the person concerned had elected to draw pay in the scale of the ex-cadre post from the date of his initial appointment on deputation / foreign service, subject to the condition that the pay thus fixed may not be more than the pay plus Deputation Allowance drawn immediately before permanent absorption (assuming that the same is not discontinued at the end of the fourth year of deputation, if applicable).

Now, if the ex-cadre post involves higher responsibilities than the substantive post of the central government employee, then the pay will be fixed under Fundamental Rule – 22 (1) (a) (1). Otherwise (i.e. when no higher responsibilities are involved) pay will be fixed under Fundamental Rule – 22 (1) (a) (2).

It may be noted here that the mere equality of the pay scale (or Grade Pay w.e.f 01/01/2006) of the ex-cadre post and the substantive post is not sufficient to turn down involvement of higher responsibilities in the ex-cadre post. For this purpose, a declaration as to the relative degree of responsibility of the two posts should be obtained from the administrative head of the department or Government of India depending upon the posts are in same or different departments.

In your case, it appears that the ex-cadre post (Lecturer) involves higher responsibilities than the substantive post (TGT), so you should get benefit of Fundamental Rule – 22 (1) (a) (2) on your permanent absorption.

 


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BAIDYA NATH MISHRA
20/11/2012 19:55

I was a teacher.On 31 st August1989 my pay scale was 1640-60-2000-E.B 60-2360 E.B. 60-2600-75-2750 E .B. 75-2900.On 1st September 1989 after completion 12 year of services I get time bond permotion on pay scale 2000-60-2300-75-2375 E.B.75-2825E.B.75-3200-100-3300 E,B.-100 3500. Then what will be my basic pay. what will be rule to fix this pay.
Thanking You,
Baidya Nath Mishra

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Baidya nath mishra
20/11/2012 20:00

As above.

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Naresh Kumar Pal
28/06/2013 15:01

I had joined in Pay and Accounts Office Mi/s of Industry, Udhyog Bhawan, New Delhi on deputation as an accountant in pre revised scale of Rs. 4500-125-9000 on deputation from National Human Rights Commission, (Central autonomous body) New Delhi. In the NHRC I was LDC. After getting one increment after one in the above department 4625/- I joined an other deputation with taking NOC from my parent department i.e. NHRC in Pay and Accounts Office CBDT in the same cadre.In the CBDT my pay fixation in CBDT was fixed again initial 4500 without banefit increment. In this regard I have applied for pay protection as LPC as I have gained one increment in the PAO Industry. The PAO in the CBDT did not allow one increment as I was given in the PAO Industry. It is further added that I have been absorbed in the CBDT and I have against requested my pay protection as LPC. In this regard what about my pay fixation increment is allowed and not. please clary

Reply

In your case, it appears that the ex-cadre post (Lecturer) involves higher responsibilities than the substantive post (TGT), so you should get benefit of Fundamental Rule – 22 (1) (a) (2) on your permanent absorption.

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M R Meena
27/02/2014 19:50

I was a Sr Tax Assistant and promoted as a inspector of income tax on 17.07.2012 and my pay was fixed on 31st July 2012 with two increment one is a regular increment and second is for promotion as under :- 9710 + 4200 after two increment 420 and 430 my pay was 10560 +4600 which is less than the direct recruits. In 6th CPC 12540+4600 is a entry pay for income tax inspector on direct recruits. A entry pay of initial recruits of 12540, I will drawn after four from my promotion. it is injustice with me that I have holding same cadre and senior than the new recruits but drawing less pay how is possible. please sent me solution along with all order/circulars which is concerned my situation. thanks

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