PAY REGULARISATION CASE OF         SRI SUDHIR KUMAR PATRA POSTMAN, ROURKELA-5 FROM 10.10.1997

		D.O.J-30.11.1988
SL NO	MONTH	PAY IN 2750-70-3800-75-4400	PAY IN  3050-75-3950-4500	REMARKS	G.P
1	1.1.1996	3100	3200
2	Nov-96	3170	3275
3	10.10.97	3170	3275	PAY FIXATION(REVISED)	2000
4	Nov-97	3275	3350
5	Nov-98	3350	3425
6	Nov-99	3425	3500
7	Nov-00	3500	3575
8	Nov-01	3575	3650
9	Dec-01	3425	3650
10	Nov-02	3500	3725
11	Nov-03	3575	3800
12	Nov-04	3650	3875
13	Dec-04	3795	4050	TBOP W.E.F 21.12.2004	2400
14	Dec-05	3880	4135
15	1.1.2006	9620	7700+2400=10100
16	Jul-06	9910	10410
17	Jul-07	10210	10730
18	Jul-08	10520	11060
19	1.9.2008	11240	11800	IIND MACP WEF 2.12.2008	2800
20	Jul-09	11580	12160
21	Jul-10	11930	12530
22	Jul-11	12290	12910
23	Jul-12	12660	13300
24	Jul-13	13040	13700
25	Jul-14	13440	14120
26	Jul-15	13850	14550
27	1.1.2016	35900	38100
28	Jul-16	37000	39200
29	Jul-17	38100	40400
30	Jul-18	39200	41600

	PAY REGULARISATION CASE OF SRI AJAY KUMAR PATRA,POSTMAN,ROURKELA-5 FROM 10.10.1997
		DATE OF JOINING 01.04.1991
SL NO	MONTH	PAY IN 2750-703800-75-4400	PAY IN  3050-75-3950-4500	REMARKS	G.P
1	01.01.1996	2960	3125
2	Feb-96	3030	3200
3	Feb-97	3100	3275
4	10.10.97	3100	3275	PAY FIXATION(REVISED)	2000
5	Feb-98	3200	3350
6	Feb-99	3275	3425
7	Feb-00	3350	3500
8	Feb-01	3425	3575
9	Dec-01	3350	3575	PAY LOWERD DOWN
10	Feb-02	3425	3650
11	Feb-03	3500	3725
12	Feb-04	3575	3800
13	Feb-05	3650	3875
14	01.01.2006	8930	7350+2000=9350	ONE INCTT ADDED DUE TO FEB-INCTT
15	Jul-06	9200	9630
16	01.04.2007	9600	10030	TBOP	2400
17	Jul-07	10170	10620
18	Jul-08	10480	10940
19	Jul-09	10800	11270
20	Jul-10	11130	11610
21	2.4.2011	11530	12010	IIND MACP	2800
22	Jul-11	12220	12720
23	Jul-12	12590	13110
24	Jul-13	12970	13510
25	Jul-14	13360	13920
26	Jul-15	13760	14340
27	1.1.2016	35900	37000
28	Jul-16	37000	38100
29	Jul-17	38100	39200
30	Jul-18	39200	40400

SIMPLIFICATION OF PROCEDURE FOR TREATMENT AT PRIVATE HOSPITALS EMPANELLED UNDER CGHS/CS (MA) RULES: ORDER DATED 27.09.2018

मिसिल संख्या -Misc -69/केसस्वयों) मु(./शिकायत प्रकोष्ठ/2018/981

भारत सरकार / GOVT. OF INDIA

अपर निदेशक का कार्यालय/ OFFICE OF THE ADDITIONAL DIRECTOR

के.स.स्वा.यो (मुख्यालय)/ C.G.H.S. (HQ)

सैक्टर 12 -, आर. के.पुरम, नई दिल्ली- 22/ Sector -12, R.K.Puram, New Delhi-22

 Dated: 27/09/2018

OFFICE MEMORANDUM

Sub: Directions to Private HCOs empanelled under CGHS regarding simplification of procedure for treatment at private hospitals empanelled under CGHS/CS (MA) Rule, 1944.

With reference to the above mentioned subject the undersigned is directed to state that this Ministry has been receiving various complaints regarding difficulties being faced by CGHS beneficiaries in getting the OPD/IPD treatment at Pvt. HCOs after valid referral from the CMO/MO/Govt. Specialist. It has been viewed very seriously by the Competent Authority.

It is observed that the CGHS beneficiaries are facing a lot of resistance from the staff/OPD manager/Doctors of the private NCOs empanelled under CGHS. OPD timing are clubbed with General OPD or OPD for EWS, which is causing inconvenience to the CGHS beneficiaries. OPD Slot for CGHS beneficiaries is also reduced to half an hour, The CGHS beneficiaries are not allowed to seek the consultation from the Senior Doctor or their OPD, so called premium OPD.

It is reiterated that HCOs empanelled under CGHS shall adhere to the term and conditions while providing treatment/investigation facilities to the CGHS beneficiaries. The private HCOs empanelled under CGHS shall provide quality service to CGHS beneficiaries and care may be taken to avoid inconvenience, especially for the Senior Citizen, Cancer Patients and terminally ill patients. Pvt. HCOs shall avoid any discrimination to CGHS beneficiaries.

As per MOA clause No. 18 (9) discrimination against CGHS beneficiaries’ vis-å-vis general patients — “The amount of Performance Bank Guarantee will be forfeited and the CGHS shall have the right to de-recognize the Health Care Organization as the case may be. Such action could be initiated on the basis of a complaint, medical audit or inspections carried out by the CGHS teams at random. The decision of the CGHS will be final.

All the empanelled HCOs under CGHS Delhi/NCR are hereby warned/directed to follow the specified guidelines laid down in MOA and OMs issued by the Ministry Of Health & Family Welfare, Govt. of India from time to time, failing which the Show Cause Notice will be served and action as deemed fit shall be taken.

This issues with the approval of Competent Authority.

sd/-Dr. Sanjay Jain
Addl. Director, CGHS (HQ)

IMPLEMENTATION OF RECOMENDATION OF 7TH CPC - PARA 11.12.140 

 

GRANT OF ENTRY PAY ON PROMOTION & ON 01.01.2006 ON 6TH CPC PAY FIXATION - CCS (RP) RULES, 2008

Subject: Central Civil Services (Revised Pay) Rules, 2008 – Section-II of the Part ‘A’ of the First Schedule thereto- entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

No. 8-23/2017-E.III A Government of India Ministry of Finance Deportment of Expenditure North Block, New Delhi 28’ September, 2018

Office Memorandum

            The undersigned is directed to invite the attention to the provisions contained in Section-2 of Port ‘A’ of the First Schedule of the Central Civil Services (Revised Pay) Rules, 2008 which provides for entry pay in the revised pay structure (pay structure effective from 1.1.2006 up to 31.12.2015) for direct recruits appointed on or after 1.1.2006 on a post and to say that pay in respect of persons appointed to the same posts before 1.1.2006 is required to be fixed as on 1.1.2006 under Rule 7 (1)(A)(i) and pay in respect persons appointed on the same post on promotion on or after 1.1.2006 is required to be fixed under Rule 13 thereof.

            2. A number of references were received in Ministry of Finance Department of Expenditure, stating that the pay of seniors of a post was fixed at a stage lower than the entry pay applicable to the persons appointed on direct recruitment basis on that post on or after 1.1.2006. In such cases, stepping of pay was allowed to the senior employee at par with the entry pay of direct recruits of those posts, subject to the conditions, inter-alia, that stepping up of pay of seniors is applicable only in those cages which have an element of direct recruitment and where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, the stepping up of pay of senior employees was admissible from the date a junior direct recruit joined on or after 1.1.2006.

            3. The matter was also considered in the meeting of the National Anomaly Committee (NAC) held on 17.7.2012 based on a demand raised by the Staff Side under the JCM. NAC had recommended that in cases where Recruitment Rules provide for direct recruitment, then the stepping up of pay of senior may be considered, even if no actual direct recruitment takes place or no direct recruit has actually joined. However, it was decided that stepping up of the pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, stepping up of pay was dependent upon actual joining of a direct recruit.

            4. Trained Graduate Teachers (TOTs) of the Government of National Capital Territories of Delhi (GNCTD) filed an OA No. 3217/2014 before the Hon’ble Principal Bench of CAT. The. 13 petitioners of the post of Trained Graduate Teachers (TGT) comprised those who were appointed as TOT before 1.1.2006 as also those who were promoted to the post of TGT on or after 1.1.2006, The pay of these 13 employees had been fixed as per the relevant provisions of the CCS (RP) Rules, 2008 and the same happened to be lower than the entry pay as applicable to direct recruits of the post of TGT appointed on or after 1.1.2006. These petitioners prayed for re-fixing their pay as applicable to direct recruits appointed an or after 1.1.2006.

            5. The Hon’ble Principal Bench of CAT in their order dated 4.4.2016 in OA No.3217/2014 allowed the application and directed the Government to ensure that none of the applicant’s pay is fixed at a stage lower than the pay which could be drawn by a direct recruit appointed on or after 1.1.2006. The order of Hon’ble CAT dated 4.4.2016 was upheld by the Hon’ble Delhi High Court in terms of their order dated 23.3.2017 in WP(C ) No.2634/2017, The Hon’ble Delhi High Court in its order dated 23.3.2017 observed, inter-alia, that the plea of stepping up of pay, as mentioned in para 2 above, means that the direct recruits should have actually joined before any stepping up of pay can be granted and the dale of joining would be different as filling up of direct recruit vacancies in the cadre would depend upon vacancy position, selection etc. The Hon’ble Delhi High Court held that this was unacceptable.

            6. The matter arising out of the aforesaid order of Hon’ble Delhi High Court dated 23.3.2017 was heard by the Hon’ble Supreme Court as part of the SLP and in its order dated 01.09.2017 (Dy. No. 23663/2017), the Hon’ble Supreme Court has observed that once the question, in principle, has been settled, it is only appropriate on the part of the Government to issue a Circular. The Hon’ble Supreme Court further observed that the present situation is that the stepping up is available4only to those who have approached the Court, but since the issue otherwise became final, the Hon’ble Supreme Court directed Government to immediately look into the matter and issue appropriate orders.

            7.  Accordingly, the matter has been considered in the light of the above background and in the context of the specific orders of Hon’ble Supreme Court dated 01.09.2017 as arising out of the original issue raised by the Trained Graduated Teachers of GNCTD in terms of their OA No. 3217/2014. As mentioned above, the petitioners in that case were those who were appointed as TGT before 1.1.2006 and also promoted as TGT on or after 1.1.2006, and had occasion for grievance because their pay in the pay structure in vogue from 1.1 2006 had been fixed lower than the entry pay as prescribed for direct recruits appointed as TGT on or after 1.1.2006. Therefore, the principle of the benefit of pay fixation, as flowing from the aforesaid orders of Hon’ble CAT, Hon’be Delhi

            High Court and the Hon’ble Supreme Court, is that the pay of those who were appointed to the post prior to 1.1.2006 and those who were appointed to the post on promotion in the pay structure effective from 1.1.2006 onwards, and where in respect of such posts entry pay for direct recruits appointed on or after 1.1.2006 has been prescribed giving rise to differential pay, may not be lower’ than the said entry pay. It is the case of differential pay in respect of employees of a post, as caused by the existence of entry pay applicable for direct recruits on that post appointed on or after 1.1.2006,  that has been addressed in the aforesaid case of the post of TGTs. In case entry pay as per Section It of Part A of the First Schedule of the CCS(RP) Rules, 2008 is not applicable in case of a post, the same will not give rise to differential pay for holders of the post and, hence, net covered under the ratio of the case of TGT.

8.  Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section II of Part A of the First Schedule of CCS(RP) Rules, 2008 becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less then such entry pay w.e.f. 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay, as fixed under Rule 13 of CCS (RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

9.  In their application to the employees of office of Indian Audits and Accounts Department, these orders issue after consultation with the Comptroller and Auditor General of India.

Sd/-

(Amer Nath Singh)

Director