TN 6TH PAY COMM RULES-CLARIFICATION

Monday, June 29, 2009
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QUS -1
1. It is presumed that option can be exercised by the employees to come to the revised scale;
i) after earning increment in the pre-revised scale on or after 1-1-2006 or
ii) after obtaining promotion on or after 1-1-2006 or
iii) obtaining Selection Grade / Special Grade.
ANS
Presumption is confirmed.

QUS -2

An employee who has been awarded Selection Grade prior to 1-1-06 in the Selection Grade scale of pay Rs.5000—150—8000 (Ordinary Grade Rs.4000 —100--6000) will be drawing Grade Pay of Rs.4,200/- in the Pay Band-2 Rs.9300—34800 on or after 1-1-06. It is presumed that for those employees who have been awarded Selection Grade on or after 1-1-2006 in the Ordinary Grade Scale of Rs.4000— 100—6000, they shall also be eligible for drawing Grade Pay of Rs.4,200/- in the Pay Band-2 of Rs.9300—34800 after granting the benefit of one increment equal to 3% of basic pay and grade pay corresponding to the revised scale of Pay + Grade Pay of Rs.2,400/- for the pre-revised scale of pay of Rs.4000—100—6000.
ANS: No. The Employees who have moved to Selection Grade / Special Grade on or after 1-1-2006 shall be eligible for one increment at the rate of 3% of Basic Pay plus Grade Pay in the scale of pay of Rs.5200—20200 + 2,400 fixed with reference to the Ordinary Grade in the prerevised scale of pay of Rs.4000—100—6000 and such employees shall continue in the same pay band without any change in the Grade Pay.



QUS-3 In the pre-revised scales of pay, the employees on promotion have the option of fixing their pay in the prescribed post after earning an increment in the lower post under FR 22 (1)(a)(i). It may kindly be confirmed whether the same option can be exercised in the revised pay structure and if so, the mode of fixation may kindly be clarified.
ANS :A Government Employee promoted on or after 1-1-2006 in the prerevised pay scale may opt to have his pay fixed in the revised pay scale after earning an increment in the lower post under FR 22(1) (a) (i) in the pre-revised scale. On the date of promotion difference in Grade Pay among the feeder post and promotion post shall be allowed. The pay shall be regulated in the promotion post after sanctioning three per cent of basic pay including grade pay on the normal date of increment in the lower post and then another three per cent of basic pay including grade pay in the promotion post shall be granted.

QUS-4 It has been ordered that for some of the posts in the pre-revised scales at Rs.5500—175—9000 & Rs.5700—175—9200 the scale of pay has been upgraded as Rs.7000—225—11500.
Similarly, the scale of pay of Rs.6500—200— 10500 has been upgraded as Rs.7500—250— 12000. It has been ordered that the above upgraded scales take effect from 12-12-2007. In this connection, it is presumed that the employees in the pay scales before upgradation can exercise their option to remain in the pre-revised scale and have their pay fixed in the upgraded scales of Rs.7000—11500 / Rs.7500— 12000 on or after 12-12-2007 under FR 22 (1)(a)(i), FR 22 B and then opt for fixing their pay in the revised scale of pay, which may be done by multiplying 1.86 factor on the date of such fixation. In such cases, it is presumed that the
employees have to forego their arrears up to the above fixation.
ANS :The employees opting for the upgraded scales in the prerevised scales (i.e) Rs.7000— 11500 / Rs.7500—12000 shall be entitled for fixation of pay in the upgraded pre-revised scale of pay with effect from 12—12—2007 with reference to the provisions under FR 23 as followed in the fixation of pay of Assistant Section Officers in Secretariat and then under the revised scale adopting fitment benefit as per Rule 4(1) of Tamil Nadu Revised Scales of Pay Rules, 2009. The employees opting for fixation of pay in the revised pay scales with effect from 12—12—2007 shall have to forego the arrears upto the date of above fixation.

QUS 5:It is stated that in the pre-revised pay scales certain categories of employees were enjoying higher start of pay / incentive / advance increment, etc., by virtue of acquiring higher qualification / passing of departmental tests. It is presumed that the above scheme may be continued in the revised structure by awarding increments as per the quantum prescribed.
ANSPresumption is confirmed. However such higher start / incentive increments / advance increments sanctioned in the pre-revised pay scales and taken into account while fixing the pay in the revised pay scales, shall not be granted again in the revised pay scales.

QUS In certain cases the option may be exercised at a later date thereby resulting lesser/nil drawal of arrears, which may be lesser than the 3 months Interim Arrears already paid as on 1-1-2009. In such cases, it may kindly be clarified as how to regulate the Interim Arrears paid.
ANS In the case of employees opting for revised scale of pay at a later date beyond 1-1-2006 by virtue of foregoing the arrears thereby resulting lesser / nil drawal of arrears, in such cases the Interim Arrears shall be recovered from the salary of the employees concerned in subsequent months spreading over a maximum period of 10 months or from DCRG in case of employees retiring within the said period. Further, in the case of employees who opt for a later date after 1-1-2006, the pay fixing authorities shall also simultaneously
obtain a declaration along with the option form from the individual employees to the effect that they agree to repay the excess paid amount of interim arrears in instalments or from the DCRG in case of retiring employees as the case may be.

QUS In the Government Order third cited, it has been ordered that the revised ceiling on Medical Reimbursement will have to be reckoned from the date they have opted to come over to the revised pay scales.
ANSThe employees opting for subsequent date after 1-1-2006 will be comparatively very less. Hence the 30% ceiling on medical re-imbursement should be reckoned based on the notional pay including Grade Pay that the employee would have been entitled had he opted for the revised pay scales on 1-1-2006.

QUS It is ordered in the Pension G.O. that the monetary benefit should be given effect from 1-1-07. In this connection, it is requested to clarify whether this order is applicable for one time payment of difference of amount for encashment of Earned Leave / Unearned Leave on Private Affairs / DCRG. due to the revision of new scale as on 1-1-06 for the retirees from 1-1-06 to 31-12-06. If so, it may kindly be stated whether the differential amount for the retirees during the above period may be paid in three instalments.
ANSAs the employees retired between 1-1-2006 and 31-12-2006 are entitled for notional pay fixation in the revised scales of pay, the undrawn pay shall be reckoned for sanctioning pensionary benefits consequent on the implementation of the Revised Scales of Pay. Therefore, the difference amount of encashment of Earned Leave / Unearned Leave on Private Affairs / DCRG due to revision of scales of pay in respect of the retirees from 1-1-2006 to 31-05-2009 shall be disbursed in three equal annual instalments as specified in the
Government Orders cited.

QUS:The upper ceiling limit for pension is fixed as 50% of the maximum pay, that is Rs.67,000 + Grade Pay Rs.10,000/-. The ready reckoner has been prepared upto Rs.49,494/- (maximum). It is presumed that the amount to be restricted to upper ceiling limit fixed is Rs.38,500/- (i.e. Rs.67,000 + Rs.10,000 = Rs.77,000 / 2 =Rs.38,500)
ANS Yes. The presumption is confirmed.

QUS :As per G.O.Ms.No. 200, Finance (Pay Cell) Department, dated: 18-5-99, the employees who have retired prior to 1-1-2006 are eligible for pension at the rate of half of pay last drawn or half of the minimum of the time scale of the posts in which the pensioners served, whichever is beneficial. It may kindly be clarified whether the same provisions in the G.O. may be applied for revising the pension of such pensioners. It may also be clarified whether the benefit under G.O.Ms.No. 200, Finance (Pay Cell)
Department, dated: 18-5-99 may be extended to those who retired prior to 1-1-2006.
ANS:In cases where the quantum of Pension / Family Pension with reference to 50% / 30% of the minimum of the time scale of pay of the post with effect from 1-1-2006 is higher than the quantum of revised pension indicated in Annexure--V of G.O. second cited, in such cases alone the Pension should be fixed with reference to para 2(vi) of the G.O. second cited. The benefit of 50% / 30% Pension / Family Pension with reference to minimum of the revised time scale of pay of the post held by such employees as on 1-1-2006 shall also apply to the employees retired / died prior to 1—1—2006.

QUS:In the case of persons transferred from one office to another unit may be clarified that without calling for the Pay Drawn particulars from the previous station, the same may be obtained from the Service Register of the individuals concerned in order to avoid the delay in claiming the arrears.
ANS Yes. However, Non--Drawal Certificate may be obtained from the previous office where the individual employees worked before claiming arrears.

QUS In respect of the employees on Foreign Service, it is presumed that the fixation of pay will be done by the Department of the individual concerned and Foreign employer will make payment of arrears for the service rendered in Foreign Service, while, for the services rendered in the Government side, the respective Departmental Officer will be making payment of arrears.
ANS Yes. Presumption is confirmed.

QUS Whether entries have to be made regarding the payment of Pay Commission Arrears in the
Service Register of the employees concerned?
ANS Yes. In addition to opening separate Register for this purpose as ordered in the G.O cited, entries on the entitled arrears amount shall be made in the Service Registers of the individual employees, so that the employees on transfer can claim the subsequent instalments of arrears in the office in which they are working on the strength of the entries made in the Service Register.

QUS In the case of employees whose increment falls on 1st January 2006, it is presumed that such employees shall have the option to draw the increments either in the existing scale or in the revised scale of pay.
ANS Yes. The presumption is confirmed

QUS: Methodology for rounding off:- Whether rounding off to the next multiple of 10 has to be done in terms of rupees or even a paise has to be rounded off to multiple of 10 while sanctioning increments?
ANS:In the case of calculation of increment under the revised pay structure fraction of a rupee (i.e. 99 paise and below) should be ignored. But any amount of a rupee or more should be rounded off to the next multiple of 10. To illustrate, if the amount of increment comes to Rs.750.70 paise, then the amount has to rounded off to Rs. 750/- only and if the amount of increment works out to Rs.751/-, then only it shall be rounded off to Rs. 760/-.

QUS:Whether the commutation difference consequent on revision of scale of pay of employees retired between 1-1-2006 and 31-5-2009 and consequent revision of pension has to calculate with reference to old commutation table or the, revised table given in G.O.Ms.No.235, Finance (PC) Department, dated: 1-6-2009?
ANS:In these cases the commutation based on the revised pension shall be calculated with reference to the revised table and the commutation amount drawn with reference to old rate shall be adjusted and the difference amount of commutation so calculated shall be paid in three installments.