Dear madam,
Sub: Clarification and instructions sought on CCS(RP) Rules, 2008 and orders on allowances.
We send herewith a note indicating the problems /anomalies while acting upon the CCS(RP) rules 2008 and orders issued by the Govt. on certain allowances. The note is prepared on the basis of the feed back we had from various affiliates. We request you to kindly look into these issues and do needful in the matter.
Thanking you,
Yours faithfully
Sd/-
K.K.N..Kutty
Secretary General
I. Revised Pay Rules. 2008.
(i). Option.
It has been mentioned under sub rule 4 thereof that the option once exercised shall be final and should be exercised within three months from the date of notification the rule vide Sub Rule I thereof. Since it is very difficult to comprehend and assess the implications of such option, we propose that the first option exercised within three months may not be treated as final and the employees be permitted to revise the option within six month of the date of exercising the first option.
(ii) Special allowance and qualification pay which are taken for fixation purposes on promotion should be doubled with effect from 1.1.2006 and not from 1.9.2008 as it cannot be construed to be an allowance. If this is not done, senior employees will suffer loss in emoluments, in case of promotion during the period between 1.1.2006 and 1.9. 2008.
(iii). Note 1(a) under Clause D of Rule 7(a) may be modified by deleting the first sentence and the word "thereafter" in the second sentence.
(iv) The clarification No. 6(ii) issued vide O.M.No. F.1.1.2008-IC dated 13.9.2007 is in conflict with the mode of fixation as given in illustration 4A in the explanatory memorandum to the Revised Pay Rules, 2008 referred to Note 2A to Rule 7.
(v) Rule 8 of the Revised pay rules. On going through the table for fixation given for new entrants and the existing employees in the same stage (especially at the minimum of the scale of pay) we find that the new entrants are fixed at a higher stage compared to the existing employees as per illustration given hereunder.
| | | |
| Grade Pay | Pay of New Entrant | Pay of an existing employee at Minimum Stage |
| 2000 | 8460 | 8060 |
| 2400 | 9910 | 9840 |
| 2800 | 11360 | 11170 |
| | | |
This anomaly is to be removed by appropriate revision of fitment tables.
(vi) Rule 9 Date of next increment
It is seen after going through the stipulation in the above rules that a person whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre-revised pay scale and will get the next increment in the revised pay structure 1.7.2006. i.e. on expiry of six months. Similarly those, whose next increment is between 1st July, 2006 and 1st December, 2006 would also be granted next increment in the revised pay structure on 1.7.2006. On the other hand, the persons whose increment dates fall between Ist. Feb. 06 and Ist June, 06 has to wait for more than 12 months to get the next increment on 1. 7. 2006. This is quite anomalous. In the case of those who retire during the period between Ist Feb. and 30th June, they may suffer a loss of one increment perpetually thus affecting their pension. It is, therefore proposed that the persons whose increment falls between Ist January to Ist June, 2006 must be given one increment on 1.1.2006 as a one time measure.
(vii) Tax deduction from salary:
Spread over of the arrears of salary is permissible under Section 89(a) of the I.T. Act. No tax will thus become payable by Group D employees on account of receipt of arrears eventually. Therefore, executive instructions may be issued not to deduct any tax from the arrear payment pertaining to the Group D employees. In respect of others, they may be allowed to exercise option to tax the arrears either on receipt basis or accrual basis.
(viii) Retired Group D employees
There may be many non-matriculate Group D employees, who retired or died from Service on or after 1.01.2006 and therefore may not be entitled for the upgraded P.B 1 with Grade Pay of Rs. 1800/ with effect from 1.1.2006 as per the extant instructions. It is requested that in such cases they may be deemed to have been trained and assigned the P.BI with Grade Pay of 1800/= with effect from 1.01.2006 and their pension recomputed on that basis.
(viii) Temporary status Casual Labourers
As per existing scheme the employee who are afforded temporary status are paid the wages computed with reference to the minimum of the corresponding scale of Pay of regular employees. In the case of Group D temporary status employees, it will become necessary that they are afforded the requisite training if they are non-matriculates.
Allowances
1. Transport allowance.
On the issue of transport allowance, the Board of arbitration has given an award, according to which the rates are to be fixed on pay slabs and not on pay scale ( or Grade pay, as the case is now). This apart, the transport allowance presently granted, is after subsuming the CCA, which had all among been related to Pay and not the Pay scales.
It could be seen from the orders issued by the Government, that the transport allowance in respect of persons in category II thereof is not only related to Grade Pay but also on basis with reference to pay in the pay band. However, a different basis has been adopted in respect of the highest rates( i.e Rs.3200+DA or Rs. 1600+ DA). We therefore request that under mentioned Note may be inserted for category I. also
"those drawing grade Pay below 5400/= but drawing Pay in the Pay band equal to 14,800 and above"
2. Daily Allowance on Tour
The DA rates may be revised with regard to those drawing Grade pay of 4200 to 4800 and below 4200 in the following manner.
Rs. 4200 to 4800 – Reimbursement of hotel accommodation of upto Rs 1000/- per day; reimbursement of travel charges upto Rs 150 per diem for travel with in city and reimbursement of food not exceeding Rs 200 per day. The reimbursement of travel and food charges may be made on self certification.
Below Rs. 4200 - Reimbursement of hotel accommodation of upto Rs 700/- per day; reimbursement of travel charges upto Rs 150 per diem for travel within city and reimbursement of food not exceeding Rs 200 per day. The reimbursement of travel and food charges may be made on self certification.
--
K.Ragavendran
Secretary General NFPE
