Sunday, April 7, 2013

Condonation of resignation for purpose of pay fixation: Clarification about "Technical Resignation" - OM dated 22nd Jan, 1993

Condonation of resignation for purpose of pay fixation: Clarification about "Technical Resignation" - OM dated 22nd Jan, 1993

No. 13/24/92-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)


New Delhi, the 22nd Jan., 1993

OFFICE MEMORANDUM

Subject:- Condonation of resignation for purpose of pay fixation.
 
     The undersigned is directed to invite attention to Ministry of Finance O.M. No. 3379-E.III(B)/65 dated 17th June, 1965 which provides that in cases where Govt. servant applied for post in the same or the other Departments through proper channel and on selection, they are required to resign the previous posts for administration reasons, the benefit of past service, if otherwise admissible under rules, be given for purposes of fixation of pay in the new posts treating the resignation as a “Technical Formality”.  A question has now been raised as to whether this benefit is admissible to Govt. servants who applied for posts in same or other Departments before joining Govt. service and on that account the application was not routed through proper channel.  The matter has been examined and the President is now pleased to decide that the benefit of past service subject to the same conditions as incorporated in O.M. dated 17.6.1965 fold may be allowed in such cases also subject to the fulfilment of the following conditions:-
 
i) the Govt. servant at the time of joining should intimate the details of such application immediately on their joining.
 
ii) the Govt. servant at the time of resignation should specifically make a request, indicating the dates that he is resigning to take up another appointment under Govt./Govt. organisation for which he applied before joining the Govt. service and that his resignation may be treated a ‘technical resignation’.
 
iii) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.
 
sd/-
(SMT. REVATHY IYER)
DEPUTY SECRETARY TO THE GOVT. OF INDIA

Source: www.persmin.nic.in [click here to view]

Fixation of pay on promotion : Finmin issued clarification on Fixation of pay on promotion carrying the same grade pay

Fixation of pay on promotion : Finmin issued clarification on Fixation of pay on promotion carrying the same grade pay
No.10/02/2011.E.III/A
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, the 7th January, 2013

OFFICE MEMORANDUM

Subject:— Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay.

The undersigned is directed to invite an attention to the provisions contained in Rule 13 of the CCS(RP) Rules, 2008, which provides for the method of fixation of pay on promotion on or after 1.1.2006 in case. inter-alia, of promotion from one grade pay to another. The Rule provides for fixation of pay by way of addition of one increment equal to 3% of the sum of the pay in the pay band and the existing grade pay (rounded off to the next multiple of 10)to the existing pay in the pay band and then fixing the pay in the promotional post as per the procedure prescribed therein.

2. In terms of this Ministry’s OM No. 169/2/2000-IC dated 24.11.2000, dealing with the situation whereby both the feeder and the promotional grades were placed in the identical revised pay scales based on the recommendations of the 5th Central Pay Commission, it was provided, inter-alia, that only in cases where it was not found feasible to appropriately restructure cadres in question on functional, operational and administrative considerations, extension of the benefit of fixation of pay under FR 22(I)(a)(1) could be considered on the merits of each case, provided all the conditions precedent for the grant of this benefit were fully satisfied and promotion to the post in question actually involved assumption of higher responsibilities.

3. In view of the provisions which existed prior to 1.12006., the matter has been considered and the President is pleased to decide that in cases of promotion from one post to another where the promotional post carries the same Grade Pay as the feeder post, the fixation of pay in such cases will be done in the manner as prescribed in Rule 13(i) of the CCS(RP)Rules, 2008, provided fixation of pay in such cases was done prior to 1.1.2006 in terms of this Ministry’s aforesaid OM No.169/2/2000-IC dated 24 11.2000.

4. In so far as the persons serving the Indian Audit and Account Department are concerned, these orders are issued in consultation with the Comptroller & Auditor General of India.

5. The Hindi version of this OM will follow.
sd/-
(Amar Nath Singh)
Deputy Secretary to the Government of India

Source: www.finmin.nic.in
[http://finmin.nic.in/the_ministry/dept_expenditure/notification/misc/PayFix_promotion_07012013.pdf]

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