Dear Comrades,
Please. find attached herewith a draft representation against recovery in connection with the fixation of pay (in the scale of Rs.6500-10500) in respect of Head Clerk / Accountant to be given to the Head of Office. This representation may please be modified according to your requirements like Name, Designation etc.
Yours comradely
R. GANESAN
ADASA TNZC.
(Representation to be submitted by
existing employees)
From
Date:
………………………
U.D.C. / Head
Clerk
AIR / DDK
Chennai
To
The Director
General
S – II Section
All India Radio
Parliament
Street
New Delhi 110
001
(Through Proper Channel)
Sub: Request not to revise the fixation of Pay
done vide Order No. A – 26022 / 02 /
2012 S-II / 1328 to 1330, dated
04.10.2012 & OM No 1/330/2012-PPC dt 18-6-
2015.
Ref: PrasarBharati Secretariat’s Lr. No. Misc-1/330/2012-PPC
dated 31.12.2015 &
DG:AIR letter
No.A-26022/02/2012-SII dated 05.01.2016.
* * *
* *
Sir,
I
would like to draw your kind attention to reference cited above regarding
revision of pay. In this connection, I
wish to submit the following few lines for your kind consideration and
favourable orders.
1)
I am working in
.................................................as............ It is submitted that the VI-CPC had recommended that the
Head Clerk/Assistant and Stenographers Gr-II/equivalent who were placed in the
pre-revised pay scale of Rs.4500-7000/5000-8000 (the HC/Asst. of Prasar Bharati
were granted the pay scale of Rs.5500-9000 as per court order) may be upgraded
to the pre-revised pay scale of 6500-10500 and granted the Grade pay of
Rs.4200/- The said recommendation was accepted and notified in Part-B, Section
II of CCS (RP) Rules 2008. Accordingly pay fixation was done under Illustration
4B of the said rules.
2) As per the 6th CPC
recommendations issued under Section II/Part B, the Director General, All India
Radio, New Delhi who is the Head of the Department & Cadre Controlling Authority
issued an Order No.A-26022/02/2012.S.II /1328 to 1330 dated 04.10.2012 to fix
the pay as on 01.01.2006 in the revised pay structure in respect of Head Clerk /
Assistant / Stenographers-Gr.II working in All India Radio and Doordarshan as
per illustration 4A in accordance with Note 2A below 7 of the 6th
CPC gazette notification.
3) Subsequently, after consultation with the IFD of Prasar Bharati
and also in consultation with Ministry of I&B and Department of
Expenditure, OM No Misc. 1/330/2012-PPC dated 18-6-2015 was issued by Prasar
Bharati Secretariat directing to fix the pay under Note-2A of Rule 7 and Part-B
of the First Schedule of CCS (RP) Rules 2008 as per illustration 4A. It
was instructed that while doing so the actual pay drawn in the pre-revised
scale (Rs. 4500-7000/5000-8000) as on 1-1-2006 shall be multiplied by a factor
of 1.86 (and rounding the resultant figure to the nearest multiple of 10) and
give the benefit of bunching if admissible, subject to a minimum of the
corresponding stage of Rs. 6500.
4)
Accordingly, my pay was fixed at the
stage of Rs.12090 + GP Rs.4200 by applying 1.86 factor to the minimum of the
upgraded pay scale of Rs.6500-10500 and bunching given wherever necessary.
Hence I have been drawing my pay as fixed above and continued to draw
without any disturbance till today.
5) However, subsequent to the issue of above OM dated 18-6-2015 the
said O.M. was kept in abeyance vide communication of even number dated
11.08.2015, till further orders. Presently,
vide DG:AIR F.No.A-26022/02/2012-SII dated 5-1-2016, my pay is being revised
and recovery being effected.
6)
It is pertinent to mention here that in a Similar case DG, AIR,
New Delhi vide their O.M. No. 14/18/2011–S-IV(A)/41, dated 08/09.02.2012 &
O.M. No.14/18/2011-SIV(A)/165, dated 12.04.2012 had issued a clarification on
fixation of pay in respect of Engineering Assistants, whose pay has been
upgraded to Rs.7450 – 225 – 11500/- from Rs.6500 – 200 – 10500/- and their pay
has been fixed at the minimum of the pay (i.e. Rs. 7450/-) for those who have
not reached the minimum of the upgraded pay scale and till now they are
enjoying the benefit. You may kindly see
that, my fixation of pay is also done in the same manner as that of Engineering
Assistants. Since in their case no
refixation/revision has been ordered it is clear that I am also entitled to the
fixation benefits on the same lines.
7)
Sir, you are aware that there cannot be any discrimination between
employees in the matter of pay fixation and all the employees are to be treated
alike.
In the light of the above submissions, it will be clear that my
pay-fixation has been done correctly in accordance with the Directorate’s OM
cited above in this regard. Therefore I request your goodself not to revise my
fixation of pay and not to recover the excess payment. I also request you to instruct the concerned
authorities not to resort to any revision/re-fixation of pay with effect from
01.01.2006.
Thanking you,
Yours faithfully,
(Representation to be submitted by
retiring/retired employees)
From
Date:
………………………
U.D.C. / Head
Clerk
AIR / DDK
Chennai
To
The Director
General
S – II Section
All India Radio
Parliament
Street
New Delhi 110
001
(Through Proper Channel)
Sub: Request not to revise the fixation of Pay
done vide Order No. A – 26022 / 02 /
2012 S-II / 1328 to 1330, dated
04.10.2012 & OM No 1/330/2012-PPC dt 18-6-
2015.
Ref: PrasarBharati Secretariat’s Lr. No. Misc-1/330/2012-PPC
dated 31.12.2015 &
DG:AIR letter
No.A-26022/02/2012-SII dated 05.01.2016.
* * *
* *
Sir,
I
would like to draw your kind attention to reference cited above regarding revision
of pay. In this connection, I wish to
submit the following few lines for your kind consideration and favourable
orders.
1.
I am working in .............................................as.......................
It is submitted that the VI-CPC had recommended that
the Head Clerk/Assistant and Stenographers Gr-II/equivalent who were placed in
the pre-revised pay scale of Rs.4500-7000/5000-8000 (the HC/Asst. of Prasar Bharati
were granted the pay scale of Rs.5500-9000 as per court order) may be upgraded
to the pre-revised pay scale of 6500-10500 and granted the Grade pay of
Rs.4200/- The said recommendation was accepted and notified in Part-B, Section
II of CCS (RP) Rules 2008. Accordingly pay fixation was done under Illustration
4B of the said rules.
2. As per the 6th CPC
recommendations issued under Section II/Part B, the Director General, All India
Radio, New Delhi who is the HoD & cadre controlling authority issued an
Order No.A-26022/02/2012.S.II /1328 to 1330 dated 04.10.2012 to fix the pay as
on 01.01.2006 in the revised pay structure in respect of Head
Clerk/Assistant/Stenographers-Gr.II working in All India Radio and Doordarshan
as per illustration 4A in accordance with Note 2A below 7 of the 6th
CPC gazette notification.
3. Subsequently, after consultation with the IFD of Prasar Bharati
and also in consultation with Ministry of I&B and Department of
Expenditure, OM No Misc. 1/330/2012-PPC dated 18-6-2015 was issued by Prasar
Bharati Secretariat directing to fix the pay under Note-2A of Rule 7 and Part-B
of the First Schedule of CCS (RP) Rules 2008 as per illustration 4A. It
was instructed that while doing so the actual pay drawn in the pre-revised
scale (Rs. 4500-7000/5000-8000) as on 1-1-2006 shall be multiplied by a factor
of 1.86 (and rounding the resultant figure to the nearest multiple of 10) and
give the benefit of bunching if admissible, subject to a minimum of the corresponding
stage of Rs. 6500.
4.
Accordingly, my pay was fixed at the
stage of Rs.12090 + GP Rs.4200 by applying 1.86 factor to the minimum of the upgraded
pay scale of Rs.6500-10500. Hence I have been drawing my pay as fixed
above and continued to draw without any disturbance till today.
5. However subsequent to the issue of above OM dated 18-6-2015 the
said O.M. was kept in abeyance vide communication of even number dated
11.08.2015, till further orders.
Presently vide OM dated 5-1-2016 my pay is being revised and recovery
being effected.
6.
It is pertinent to mention here that in a Similar case DG, AIR,
New Delhi vide their O.M. No. 14/18/2011–S-IV(A)/41, dated 08/09.02.2012 &
O.M. No.14/18/2011-SIV(A)/165, dated 12.04.2012 had issued a clarification on
fixation of pay in respect of Engineering Assistants, whose pay has been
upgraded to Rs.7450 – 225 – 11500/- from Rs.6500 – 200 – 10500/- and their pay
has been fixed at the minimum of the pay (i.e. Rs. 7450/-) for those who have
not reached the minimum of the upgraded pay scale and till now they are
enjoying the benefit. You may kindly see
that my fixation of pay is also done in the same manner as that of Engineering
Assistants. Since in their case no
refixation/revision has been ordered it is clear that I am also entitled to the
fixation benefits on the same lines.
7.
Sir, you are aware that there cannot be any discrimination between
employees in the matter of pay fixation and all the employees are to be treated
alike. In addition to the above I am due for retirement
on......................and as a result I am put to double jeopardy of the
recovery of over payment of pay and allowances from my terminal benefits.
8.
It is pertinent to mention here that in
the case similar case of TREX and some other cadres belonging to Programme and
Engineering regarding the admissibility of MACP, it was decided with the
consultation of DOPT etc. that one upgradation granted vide OM dated 25-02-1999
is to be adjusted against the MACP benefits. Resultantly when recoveries
came to be made from the pensionary benefits of retiring/retired employees of
the above said categories the matter was taken up for consultation with the
Ministry of I&B and Ministry of Law. The Ministry of Law advised that
any recovery from the retiring employees would be against the orders of Supreme
Court in Rafiq case and on that basis MIB advised that the recovery may be kept
in abeyance vide letter No 515/04/2014-BA(E)pt. dated 17-2-2015 and
consequently instructions were issued to the concerned PAOs vide Principal
Accounts office, MIB, letter No.G-11508/PrAO/Complaint/2014-15/TA/3258,
dt.19-9-2015 to desist from recovery.
9. It is not out of place to mention here that while due to objection
raised by the PAO, DDK, Chennai in respect of Shri. A.S. Rajagopal, Retd. UDC
Chennai, for recovery of excess amount paid to him on account of fixation of
pay as detailed above, he approached the Hon’ble Tribunal, Chennai in O.A. No.
310/2015 for a direction that the applicant is entitled to all retirement
benefits like DCRG, Pension etc. without any deduction and to restrain the
respondents from recovering the over payment of pay and allowances. The
Hon’ble Tribunal too has conceded the prayer and directed the department vide
Order dated 17-8-2015 to make payment of pensionary benefits without effecting
any recovery quoting the relevant portions of the Supreme Court orders in the
State of Punjab & Others vs Rafiq Masin (white washer) and Others in 344
(2015) SSC. Accordingly PB Secretariat issued necessary directions to
PAO, DDK, Chennai to settle the dues without any deduction. The ratio laid down by the Hon’ble Tribunal
in the above case is equally applicable to me also.
Therefore in the light of the above submissions, it will be clear
that my pay-fixation has been done correctly in accordance with the
Directorate’s OM cited above in this regard. Therefore I request your goodself not
revise my fixation of pay and not to recover the excess payment. I also request you to instruct the concerned
authorities not to resort to any revision/re-fixation of pay and recovery with
effect from 01.01.2006.
Thanking you,
Yours faithfully,
Comrades, anybody wants to get a copy of the said above form may mail us to adasatnzc@gmail.com to get it in word format. Also u can send ur queries by typing in the comments column in the blog as well as u can send e-mail id.
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