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Wednesday, August 3, 2011

INDIVIDUAL REPRESENTATION for STEPPING UP --- a proforma

Nair Sajith Sukumaran Total: 04 Pages
T.G.T English
Jawahar Navodaya Vidyalaya
Borkhadi, Bajipura
Vyara, Tapi
Gujarat, Pin:394690
1 August, 2011


The Commissioner
Navodaya Vidyalaya Samiti (Hqrs)
New Delhi

Through proper channel: (i) The Principal, JNV Tapi, Gujarat
(ii) The Deputy Commissioner, NVS, R.O Pune

Sub: Representation for inappropriate re-fixation of pay- reg

Ref: (i) NVS HQrs’ letter no. F.No.20-1/2008-NVS(Admn.), dated 26th March, 2009.
(ii) NVS RO Pune letter No. Ref No.5-VI PAY/NVS(PR)2009,dated: 25/8/2009
(iii) NVS Hqrs letter No. 7-32/2011-NVS(Pers.)/334, Dt. 26-05-2011
(iv)NVS RO Pune’s office Order F. No. 7-Step up/NVS(PR)/2011, Dt.06-07-2011

Hon’ble Sir,
I regret to inform your honour that I am displeased and grieved with my inappropriate fixation of pay in Jan 2006 , as it is not done as per the 6th pay Commission directions. Furthermore, I am of the view that the step up done by NVS RO Pune vide Office order, cited above in Ref (iv), is not at all satisfactory and not in compliance with CCS(RP) Rules,2008

I have joined NVS on 19-01-2001 in the capacity of TGT English in the pay scale Rs5500-175-9000. My existing basic pay as on 1.1.2006 is Rs 6200, which has been fixed by the samiti as Rs 11540 (exclusive of grade pay) in the year 2006 .I have constraint that the Pay in the pay band afer including benefit of bunching in the pre-revised scale of Rs 5500-9000 should be Rs.13310 and not Rs 11540.

I would like to humbly draw your kind attention to the fact that the grade pay of teachers have had been upgraded from 4200 to 4600 for TGTs; upgraded to 4800 for PGTs etc. Subsequently, teaching fraternity’s pay scale had been upgraded by the 6th Pay Commission. It hails in the category “ where a post has been upgraded” as per CCS(RP) Rules,2008 . Therein Column4 and Column6 of the table in Section II of PartB named “Revised Pay Scales for Certain Categories of Staff “ clearly shows these upgradations.

Since the upgradation of teaching staff, Principal etc was recommended later on by the 6th Pay Commission, it has not been included in the list of 40 fitment tables. NVS should prepare separate Fitment tables for these posts with the provision of bunching done in the manner seen in tables 5 to 8 for upgradation of GroupD. An appropriate fitment table made by DELTA (“Delta Educationists for Legal and Teaching Assistance”) organisation
is enclosed herewith as Annexure for your perusal and consideration. We pray and shewth that the basic pay of the TGTs in NVS should be fixed in accordance with this table. KVS have already implemented the table made by DELTA (www.delta.org.in)for PRTs (Annexure enclosed).

I must implore further that bunching has not been done by NVS for the seniors. Let me quote Note2A depicted below sub-rule1 of Rule 7 of CCS(RP)Rules,2008,as under:

Note2A: Where a post has been upgraded as a result of the recommendations of the Sixth CPC as indicated in Part B or Part C of the First Schedule to these Rules, the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause(A)(i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale as indicated in Column6 of Part B or C will be payable in addition. Illustration 4A in this regard is in the Explanatory Memorandum to these Rules.

BUNCHING:
Clause A(ii) of sub-rule 1 of Rule 7 of CCS(RP) Rules,2008 that…. “Where, in fixation of pay, the pay of Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching

Albeit clause A(i) has been implemented by NVS, it has sidelined Clause A(ii).The latter clearly defines what’s bunching and how to do it. Illustration 4A should be referred for further clarification.

• For instance Rs 5500 and Rs 5675 basic should be bunched and the Revised pay in Pay Band-2 would be Rs12540 for both the scales. Rs5850 and Rs6025 basic would be bunched together and the Revised pay in Pay Band-2 would be Rs12920 for both these scales. Rs 6200 and Rs 6375 bunched to Rs 13310 as the Revised pay in Pay Band-2 and so on…[NB:3% of 12540=376 rounded off to 380. Rs.12540+380=Rs.12920 etc ]
• Now Grade pay of Rs 4600 should be added to this. For the 1st case, it would be Rs12540+ Rs4600= Rs17140 . For second case Rs12920+Rs4600 = Rs17520 etc.
NB: Kindly refer the fitment table enclosed herewith to comprehend these calculations.

Note2A, mentions, inter alias, that for posts upgraded by recommendations of 6thCPC, it should be done as explained in Illustration4A

How Illustration 4A could be applied in my case?
I have joined NVS on 19-01-2001 in the capacity of TGT English in the pay scale Rs5500-175-9000. My existing basic pay as on 1.1.2006 is Rs 6200.( as per Sr. No4 of Illustration 4A). Now,as per Sr No5 of Illustration 4A , my pay after multiplication by a factor of 1.86 would be Rs 11532(Rounded off to Rs 11540). That is my pay in the Pay Band PB-2 would be Rs11540.(Sr.No6 of Illustration 4A).But vide Sr No 7 of Illustration 4A, above, Pay in the pay band afer including benefit of bunching in the pre-revised scale of Rs 5500-9000 should be Rs.13310 and not Rs 11540

Calculation:

Here, we know that, vide SectionII of Part A of the First Schedule of CCS(RP)Rules,2008 the Entry Scale for the direct recruits those having grade pay Rs 4600 is fixed as Rs 12540. Hence Rs 5500 and Rs 5675 would be bunched in the Pay Rs12540 in the new Pay Band. Rs 5850 and Rs6025 would be bunched to Rs12920 as Pay in the Pay Band( 3%of Rs.12540=Rs376 rounded off to Rs380. Rs12540+Rs380=Rs12920).Similarly Rs6200 and Rs6375 would be bunched to Rs.13310. (3%of Rs.12920=Rs388 rounded off to Rs390. Rs12920+Rs390=Rs13310

As per Sr.No 8 of Illustration 4A, the grade pay attached to the scale of Rs5500-9000 is Rs4600. Thereupon, the revised basic pay - total of pay in the pay band and grade pay would be Rs.17910( Rs13310+Rs4600=Rs17910) as on 1.1.2006(.(Sr.No9 of Illustration 4A).But NVS has fixed it to Rs16140( Rs11540+Rs4600=Rs16140)

Thus, a separate fitment table should be made in this manner vide Sr No.7 of Illustration 4A and ClauseA(ii) of sub-rule1 of Rule 7 of CCS(RP)Rules,2008.

It is humbly requested that my basic pay should be fixed as Rs.17910(Rs.13310+Rs4600 = Rs.17910.) as on 1.1.2006. Increment should be released in July 2006, amounting to Rs18450 as on 1.7.2006 . It is proposed that if an employee has completed six months service during a particular year, he should be entitled to get his increment on Ist July.


Notwithstanding this act of bunching, even if my basic pay is compared to any junior TGT English joined NVS in 2006, then there is a difference of Rs 1000 in the basic pay fixation., explained as under:

I was a drawing a basic of 6200 (old Basic) as on 01 Jan 2006 at JNV Kodinar. As per the revised pay band ,I was given a basic pay of Rs.11540/- with a grade pay of Rs. 4600/- accumulating to Rs.16140/-. Whereas Mr. Prakash Kumar Dash a junior employee of TGT English cadre posted at JNV Kokrajhar, Assam of NVS, RO Shillong was drawing, as per revised pay band, a basic pay of Rs.12540 with a grade pay of Rs. 4600 accumulating to Rs. 17140 in the year 2006. So there is a difference of Rs.1000 in the pay fixation itself. Consequent upon my continuing service, more than 6 months during July 2006, increment should be released in the same year -- though not done in case of this aforesaid direct recruit employee.


As there was no direct recruitment in the year 2006 in Pune Region or in any other region except Shillong Region, the case of junior TGTs /direct recruits of Shillong region in the year 2006 should be taken into consideration, for stepping up of seniors on case-to-case bases ; in case bunching not admissible by NVS. These new recruits are actually drawing more than seniors. Staff in some regions should not be not be getting less than other region, for no fault of theirs---- in accordance with the principles of natural justice.

I would be highly obliged for a prompt re-consideration by the NVS Hqrs officials in this connection.

Thanking you

Yours faithfully
Sd/-
(SAJITH.S.NAIR) CounterSigned by: (i) The Principal, JNV Tapi



Encls: (1) An appropriate fitment table for NVS TGTs (corresponding to the basic drawn
in the year 2006 in the pre-revised scale)

(2)KVS Circular for Bunching in PRTs in all Kendriya Vidyalayas & Fitment table showing bunching method in accordance with www.delta.org.in

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