Till 6th Pay Commission, it used to be that a junior due to exercise of option, etc. would have been drawing pay more than that of seniors and seniors would make a claim to refix their basic citing junior drawing more pay.
But, After 6th Pay Commission, which simply announced merged pay scale (Revised) in some cases and upgraded pay scales in some cases (Revised) for certain cases, but when it came to fixation it has stated that only the applicable grade pay has to be given and not the Revised Pay scale (5th pay commission) while arriving at basic for multiplying by 1.86.
Here, comes the real issue or one can even call it magic. Till 5th Pay Commn. something would have been place since 1.1.96. But here, the Revised scale is not allowed to exist on 1.1.2006 but when some one opts to be in old scale till his promotion (like Mr.Kabui's case), he is allowed to remain (Point to be noted is for fixation purpose new revised scale was not given and not to be adopted as per fixation formula but only grade pay was allowed to be adopted) in the pre-revised scale of 4000-6000 and then allowed to come to Revised scale of 7450-..., (which was not available on 1.1.2006 - for this the whole India is searching for its locality on 1.1.2006) which suddenly comes into existence on 2.1.2006, then his pay is fixed 7450 x 1.86 + 4600 Grade pay. Here, point to be noted is:- Seniors were deprived of this opportunity (since they got their promotion prior to 1.1.2006). Hence if any one in the department gets promoted after 1.1.2006, he alone can exercise the choice and based on junior's choice and pay fixation, others have to follow him (quote his case and claim for higher pay from 2.1.2006).
Is this Correct? This is absolutely illogical/unreasonable/irrational. What is not in place as per 6th pc on 1.1.06 how can that come into being on 2.1.2006. The 6th Pay Commn is in force only w.e.f. 1.1.2006 and not from 2.1.2006. Only GOD can answer this.
Friends, regarding my case for 4600 Grade pay, all particulars given to Advocate. He is taking some time for preparation of OA. Should have been filed by now. I hope OA to be filed within a week or ten days time from now. Very soon I will intimate the news that it is filed.
Bye - from Ramnath
