(A PLACE OF NEWS FOR ALL BSNL EMPLOYEES)

Monday, October 29, 2018

Stepping up of Pay Guidelines issued by DoPT

Stepping up of Pay Guidelines issued by DoPT

A need has been felt by DoPT to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016
No.4/3/20 17-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi,
Dated the 26th October, 2018
OFFICE MEMORANDUM
Subject:- Stepping up of pay-Consolidated guidelines-reg.
The undersigned is directed to say that the issue of anomaly relating to senior Government employees drawing less pay than their juniors due to application of provisions of FR 22(I)(a)(1) is considered on merits for allowing stepping up pay of the seniors so as to bring it at par with that of the junior in accordance with the guidelines scattered in various OMs noted in the margin. A need has been felt to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016, [in short CCS(RP)Rules, 2016] as the frequent references on such issues continue to be received in this Department.
2. Consequent upon implementation of CCS(RP)Rules, 2016, the President is pleased to decide the following:
(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after 1-1-2016 drawing lower pay in that post than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the pay of the senior Government servant in the higher post should be stepped up to a figure equal to the pay as fixed for the junior Government servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior Government servant and will be subject to the following conditions, namely:
(a) both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;
(b) the Level in the Pay Matrix of the lower and higher posts in which they are entitled to draw pay should be identical;
(c) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For example, if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this subrule should not be invoked to step up the pay of the senior officer.
(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.
3. The following instances/events wherein juniors draw more pay than seniors, do not constitute anomaly and, therefore, stepping up of pay will not be admissible in such events:
(a) Where a senior proceeds on Extra Ordinary Leave which results in postponement of his Date of Next Increment in the lower post and consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade than his junior(s);
(b) If a senior forgoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier and the junior draws higher pay than the senior.
(c) If the senior is on deputation while junior avails of the ad-hoc promotion in the cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or regular promotion following such adhoc promotion in the higher posts vis-à-vis senior, is not an anomaly in strict sense of the term;
(d) If a senior joins the higher post later than the junior, for whatsoever reasons, whereby he starts drawing less pay than the junior. In such cases, senior cannot claim stepping up of pay at par with that of his junior.
(e) If a senior is appointed later than the junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post if he draws less pay than his junior though he may have been promoted earlier to the higher post.
(f) Where an employee is promoted from lower post to a higher post, his pay is fixed with reference to the pay drawn by him in the lower post under FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer length of service in the lower grade, his pay may get fixed at a higher stage than that of a senior direct recruit appointed to the same higher grade and whose pay is fixed under different set of rules. For example a Senior Secretariat Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO) gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level, applicable to ASO to which he is appointed. In such a case, the senior ASO (DR) cannot claim pay parity with that of the promotee junior ASO.
(g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less pay than his junior who is appointed in the same cadre and in same post on ad-hoc basis subsequently, the senior cannot claim pay parity with reference to the pay of that junior since the ad-hoc officiating service in higher post is reversible and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc promotion but only on regular promotion following such ad-hoc promotion without break.
(h) Where a junior gets more pay due to additional increments earned on acquiring higher qualifications.
Note: The above instances/events are only illustrative and not exhaustive.
4. These orders shall be in supersession of D/o Expenditure’s OM No.F.2(78)-E.III(A)63 dated 2nd February, 1966 and DOP&T’s OM No.4/7/92-Estt(Pay-I) dated 4th November, 1993.
5. This OM is effective from 01.01.2016.
6 In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.
7 Hindi version will follow.
sd/-
(Rajeev Bahree)
Under Secretary to the Government of India.
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Thursday, October 11, 2018

SNEA LETTER ON OUR PAYFIXATION ISSUE DTD 10/10/2018





No: SNEA/CHQ/DIR(HR)/2015-18/103                Dated 10th October, 2018.
To
Smt Sujata T Ray,                                                        
Director (HR), BSNL Board,
New Delhi.
Sub: Fixation of pay under FR22(1)(a)(1) and its  consequential  benefit on pay revision to the officiating JTOs reg:
Ref:   1. No.3-8/2010-Estt-IV(Pt) dated 18th Sept. 2018.
2. No. 3-32/2013/Estt-IV dated 22nd December, 2015.
Respected Madam,
Your kind attention is requested to the following fact on the above subject.
The Screening test qualified TTAs after completing JTO Phase I training were posted as officiating JTO’s since 2003. Pay of this officials were initially fixed at JTO pay scale of 9850-250-14500 (E1A) as per FR 22(1)(a)(1) without the restriction of FR 35 by some of the Circles. Later on, instruction was issued for fixation of pay on their promotion under FR 35 pay restriction. This instruction under FR 35 was challenged by the Association and the matter was under the consideration of various court for more than 10 years. The admissibility of FR22(1)(a)(1) in pay fixation of screening test  qualified JTO phase I training completed officiating JTOs was  considered by various  Hon. CATs, Hon. HIGH COURT of KERALA and finally by Hon. SUPREME COURT. All the Judicial forums has ordered to fix the pay of these officiating JTOs as FR 22(1)(a)(1) without the restriction of FR35. As per the final two judgments from Hon. Supreme Court dated 20.07.2018 in SLP No.19274/18, 19271/18 & 19310/18 and order dated 30.07.2018 in SLP No.19304/18, BSNL decided to extend this benefit of pay fixation under FR 22(1)(a)(1) to all the officiating JTOs since the date of promotion as officiating JTOs as per letter under reference 1 above.  Accordingly, though it is directed to fix the pay on promotion under FR 22(1)(a)(1), it is  also   directed to  revise the pay in terms of 2nd PRC in accordance with instruction issued as per letter no. 3-8/2010/Pers-IV dated 01.01.2014 and letter no.3-32/2013/Estt-IV dated 22.12.2015 (Letter under ref.2).
As per the letter no.3-32/2013/Estt-IV dated 22.12.2015, it is instructed that at the time of revision of pay, it is to be done with respect to the substantive grade of the official. This will result huge pay loss to the official.  In fact while BSNL has decided to extent the benefit of pay fixation on officiating promotion under FR22(1)(a)(1) in the pay scale 9850-14500 in one hand, it has decided to revise the pay in accordance with 2nd PRC in the TTA cadre  which will defeat the spirit of Hon. Supreme Court  order which  has upheld  the eligibility of officiating JTOs to get their  pay  fixed as in case of regular JTOs. This will resultantly take way the eligibility of officiating JTOs for JTO pay scale which was upheld by the Hon. Supreme Court. So far different method of pay fixation was followed on promotion on officiating basis and on regular basis for JTOs which was found illegal by Hon. Supreme Court. But now BSNL has decided to follow different yardstick in pay revision in case of officiating JTOs and regular JTOs.
In this connection the following facts are brought to your kind consideration for extending the benefits of pay  revision to these JTOs with respect to the pay to which they were eligible and ordered to be  drawn  by Hon. Supreme Court  in the pre-revised pay scale of 9850-250-14500 .
1. At the time of issuing the order dated 22.12.2015 the applicability of FR 22(1)(a)(1) for officiating JTOs was under challenge and according to BSNL it was subjected to the outcome of court cases. It is presumed that accordingly BSNL has instructed to revise the pay of officiating JTOs with effect from 01.01.2007 in their TTA pay scale. The pay in the TTA pay scale is much less than the pay that they were drawing against the post in which they are actually officiating. While the basic pay in TTA cadre of an officiating JTO was Rs.8300/-, the basic pay drawn by him in the JTO pay scale was Rs.10,100/ as on 01.01.2007. If the pay is revised on 01.01.2007 with respect to TTA pay it will be at 8300*1.688*1.3 is Rs.18220/-(Actual) and 8300*1.782*1.3 is Rs.19230/-(Notional). Since the official is working as a JTO since 2006 and drawing a Basic pay Rs.10,100/ in the pay scale of 9850-14500 he would have eligible for revision of pay with effect from 01.01.2007 with respect to the Basic pay of Rs.10,100/- which he was drawing as on 31.12.2006. The pay revised with respect to the basic pay he was actually drawing would be 10100*1.688*1.3=Rs.22170/-(Actual) and 10100*1.782*1.3=Rs.23400/-(Notional). From this it can be seen that the official will be at a loss of Rs.3950/-(Actual) and Rs.4170/-(Notional) on account of this wrong method of pay revision. This is clear case of discrimination and injustice to the officiating JTOs.
2. The pay of a Regular JTO who  was in service prior to 01.01.2007 and drawing a Basic pay of Rs.9850/- was granted the benefit of pay revision and fixed at Rs.21620/-(68.8%) and Rs.22820/-(78.2%). According to the order dated 22.12.2015 the pay of a JTO (officiating) who was actually working prior to 01.01.2007 in the pre revised scale of Rs.9850-250-14500 at basic pay Rs.10100/- is revised at Rs.19230. Thus a JTO who was drawing higher pay(Rs.10,100/-)than a JTO who was drawing less pay prior to the revision will be getting less pay than a JTO at lower pay consequent on pay revision. This is an anomaly on account of implementation of pay revision which is not envisaged under any rule.
3. Pay commissions are constituted for examining the need for the revision on account of change in average cost of price index (ACPI) and other allied matters under consideration with respect to the pay of an official drawing in a pay scale.  The revision of pay is ordered with respect to the pay scale and pay of the incumbent in the pre revised scale. It has nothing to do with the nature of incumbent, holding the post. Then only the justice and purpose of pay revision will be fulfilled. In the orders issued by DPE OM No.2 (70)08-DPC (WC) dated 26.11.2008 and DOT order No.61-01/2009-SU dated 27th Feb, 2009 and further endorsed by BSNL by order no.1-50/2008-PAT(BSNL) dated 05th March, 2009, the pay revision is ordered with respect to the pre revised scale. Accordingly the benefit of pay revision is eligible for all officials working in such pay scales.
4. It is also brought to your kind notice that Non-Executives placed in the Executive pay scale were also granted the benefit of pay revision with respect to the Executive pay scale and pay drawn by them in spite of the fact they continue to perform the duties of Non-Executives as  clarification issued  vide 1-11/2009-PAT (BSNL) dated 31.03.2009.
5. It is also brought to your kind consideration to the fact that though the BSNL management decided to regularize all screening test qualified Phase I trained officiating JTOs, the necessary amendment to the recruitment rule was badly delayed up to 2015. This has necessitated the prolonged officiating of these officers for more than 10 years and resultantly these officers has lost their valuable service as JTOs for their further carrier advancement. As they have already lost their service weightage, in spite of their functioning as JTOs the reduction in pay if implemented in accordance with the order dated 22.12.2015 will result double jeopardy for none of their fault.
6. In some Circles like West Bengal, the pay revision on 01.01.2007 for one section of officiating JTOs are done on the JTO pay scale of 9850-200-14500 whereas for the officiating JTOs who are members of SNEA, the pay revision is done in the substantive pay scale of TTA. This is a clear discrimination. All the officiating JTOs pay revision as on 01.01.2007 should be done on the JTO pay scale of 9850-200-14500 as done for others.
Considering all the above facts it is requested to issue instruction for revision of pay as on 01.01.2007 for the officiating JTOs with respect to the basic pay they were drawing in the pay scale of 9850-14500. It is brought to your kind notice that already these officials were denied their eligible right for pay fixation to which they were eligible for more than 10 years and dragged to legal proceedings resulting huge financial loss to the officials and to the Company BSNL also. A favourable decision on this matter may be taken at the earliest so as to end this controversy and pay loss suffered by these section of officers for last more than 10 years and to avoid further litigation.
With regards,

(Sebastin. K)
Copy to: Shri Saurabh Tyagi, Sr GM(Estt), BSNLCO for information and n/a please.


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Wednesday, September 19, 2018

NEWS ON FR221A1 FROM AIBSNLEA SITE

18.09.2018Meeting with Sr. GM (Estt.) : AIBSNLEA CHQ office bearers met Sr. GM (Estt) and DGM(Estt) and discussed regarding implementation of Hon'ble Supreme Court Judgement regarding extension of pay benefits under   FR 22 (I)(a)(i) for officiating JTOs and to generalize for all the officiating JTOs. Sr GM (Estt) informed that approval of Director (HR) in this regard have been received yesterday and the necessary order will be issued by tomorrow . we are thankful to Director (HR) and Sr. GM (Estt.) for considering AIBSNLEA request to generalize the order for all the officiating JTOs.
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Thursday, September 6, 2018

NEWS FROM SNEA SITE

Generalization of FR22(1)(a)(1) without the restriction of FR 35 for the officiating JTOs...

Finally BSNL management decided to extend the benefits by generalising it. Recently Hon Supreme Court dismissed the SLP filed by BSNL against the Kerala HC judgement. DIR(HR) approved the proposal to implement the Hon Kerala HC judgement. The orders will be issued in a day or two
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Thursday, August 30, 2018

NEWS FROM SNEA SITE

Implementation of Hon Ernakulam High Court order on pay fixation under FR22(1)(a)(1) without the restriction of FR 35 for the officiating JTOs.  
The SLP filed by BSNL against the Hon Ernakulam High Court order on pay fixation under FR22(1)(a)(1) without the restriction of FR 35 for the officiating JTOs was dismissed recently.
GS and AGS met GM(Estt) and held discussion regarding the implementation of High Court order by generalizing it. Before filing the SLP in the Hon Supreme Court, we requested management to implement the High Court order but management gone ahead with the SLP. GM(Estt) informed that a proposal to implement the Hon Ernakulam High Court order is moved by the Estt section for the approval of Competent authority.
Later on we met CGM(Legal) in this regard and requested to clear the proposal of Estt section.
SNEA filed the case at PCAT New Delhi, which allowed pay fixation under FR22(1)(a)(1) without the restriction of FR 35 for the SNEA members subject to the final outcome of the Ernakulam High Court order.
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SNEA LETTER ON FR22 (1)A(1) SCALE IMPLIMENTATION FOR OFFICIATED JTOs








No: SNEA/CHQ/DIR(HR)/2015-18/100                Dated 29th August, 2018.
To
Smt Sujata T Ray,                                                        
Director (HR), BSNL Board,
New Delhi.
Sub: Early implementation of Hon Kerala High Court order on Pay fixation for the Officiating JTOs under FR22(1)(a)(1) without the restriction of FR35 as the Hon Supreme Court dismissed the SLP filed by BSNL. There is no need for filing a review petition again in the Hon SC by spending huge money: -
Ref: 1. No: SNEA/CHQ/DIR(HR)/2015-18/88       Dated 19th February, 2018.
2. Judgment Dated 15th day of September, 2017 by Hon. High Court of Kerala in W.P.(C) Nos. 7723, 8077, 23015, 23141, 23287, 23753, 23407, 23850, 24091, 24092, 26872, 26873, 26883 of 2010 & OP(CAT) No. 2107 of 2011.
Respected Madam,
Kindly recall the discussions in this regard, requesting the management to implement the Hon Kerala High Court order dated 15.09.2017 by generalising it as all the JTOs are regularised and majority of them are already retired from the service. A letter also given by this Association in this regard explaining the matter in detail (ref 1 above).
Recently the SLP filed by BSNL in the Hon Supreme Court against the Kerala High Court order was dismissed. This final order has come after a series of litigations spanning more than 11 years. As the case was pending, these officers were denied many benefits like 78.2% IDA merger, pay fixation on promotion etc for years together. Huge recoveries were effected from many, particularly at the time of their retirement.
We once again appeal to the BSNL management to implement the Judgment by generalising it and put an end to this long drawn litigation, without resorting to filing of review petition and wasting valuable money and manpower of the company. The lawyers are taking lot of money from BSNL in the name of court cases, at the same time the affected employees are getting penalized.  
With regards,

(Sebastin. K)
Copy to:
1. Shri. H C. Pant, CGM(Legal), BSNLCO for information and n/a please.
2. Shri. Saurabh Tyagi, GM(Estt), BSNLCO for information and n/a please.

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Friday, August 24, 2018

NEWS FROM SNEACHQ SITE ON JTO TO SDE PROMOTION

JTO to SDE promotion case at Ernakulam:
BSNL filed review petition in the Hon Ernakulam High Court against the order dated 05.06.2018 quashing the AIEL of direct recruits and excess promotees based on training centre marks as the inter-se seniority criteria. Hon HC ordered to fix the inter-se seniority of direct recruits and excess promotees as per date of joining/promotion.
In the review petition BSNL  pleaded for:
1. Restoration of training center marks for fixing the inter-se seniority among direct rects,
2. Restoration of rect year concept
and
3. Deletion of the reference in the HC order that excess promotion is there from 1995 onwards instead of 2001 onwards.
Once the review petition is allowed and trg centre marks is restored, we will be able to expedite the JTO to SDE promotion.
We hope that the applicants who are AIGETOA activists will not oppose the review petition to restore the trg centre marks and help to issue promotion orders.
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Saturday, August 18, 2018

NEWS FROM SNEACHQ SITE ON FR22 1A 1 SCALE FOR OFFICIATED JTOs

Extending the benefit of FR22(1)(a)(1) for the JTOs officiated earlier. The Hon SC dismissed the SLP filed by BSNL. BSNL counsel given his opinion to file a review petition in the Hon SC. However Estt section proposed to implement the judgment without going for further litigations. This will go to CGM(Legal) and then to DIR(HR) for the final decision.
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Saturday, August 11, 2018

NEWS FROM SNEA SITE

Officiating JTOs Pay fixation under FR22(1)a(1): It is understood that the SLP filed by Kerala Circle against the judgement of Hon. HC of Kerala  "allowing pay fixation under the provisions of FR22(1)a(1) without the restriction of FR 35" is dismissed by Hon. Supreme court. Association also filed the petition in the Hon. PCAT New Delhi for our members who are officiating JTOs and got favourable judgement earlier. PCAT allowed our petition based on the final out come of the Hon. HC of kerala. Since the SLP of Kerala Circle is dismissed by Hon. Supreme Court now, our prayer "Allowing pay fixation under the provisions of FR22(1)a(1) without the restriction of FR 35" in Hon. PCAT attains finality.
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Friday, August 10, 2018

GOOD NEWS FOR OFFICIATING JTOs





FROM AIBSNLEA WEBSITE:


2018:  FR-22(1)a(i) Pay Fixation Case of Offg. JTOs:
Hon’ble Supreme Court dismissed the SLP filed by BSNL Corporate Office against the Hon’ble High Court Kerala judgment regarding FR-22(1)a(i) Pay fixation case of Offg. JTOs of Kerala Circle. AIBSNLEA had already requested BSNL Management for implementation of Hon’ble Kerala High Court judgment but on the basis of legal opinion BSNL filed the SLP in the Hon’ble Supreme Court. We congratulate our JTO members for their victory.
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