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.