Sir,
I
wish to share the following on the operation of punishment of reduction to a
lower stage in a time scale under Rule 16 of CCS(CCA) Rules 1965.
A
kind reference is invited to the following order on the subject.
No:
6/3/2013-Estt(Pay-I) dt. 6.2.2014 from Min. of Personnel, PG and Pensions
The punishment
of reduction to lower stage in a time scale is being awarded under Rule 16 of
CCS(CCA) Rules 1965, under minor penalties (Rule 11).
Any
such punishment order for reduction to a lower stage in a time scale should essentially
contain the following 3 parts. It is to be noted that any punishment of
reduction without cumulative effect
only can be awarded under Rule 16.
1.
The stage to which the official
is reduced and the period for which the pay is reduced. . The number of stages
or the amount to which he is reduced may be mentioned.
2.
Whether the official will or
will not earn increments during the period of reduction. If nothing is
specified in the order, the official will earn increments during the period of
reduction.
3.
Whether such reduction will or
will not have the effect of postponing the future increments of his pay.
Consequent on the implementation of the 6th
CPC, Instructions as to how pay in such cases is to be regulated were issued
vide reference cited above.
The operation of the punishments as per this order
completely changes the original punishment order as could be seen from the
following cases given as examples in this order.
Case
1: Reduction to a lower stage
The penalty:
The penalty ofreduction to a lower stage in the time scale of pay by
one stage for a period of one year, without cumulative effect and not adversely
affecting his pension is imposed on a govt. servant w.e.f. 13.3.2013. The GS
was drawing Rs.15440+GP 4200 in pay band 2 (Rs.9300-34800).
In this case,
the punishments is
a.
The pay is reduced by one stage
for one year.
b.
Since there is no mention about
the earning of increments during reduction, the official will earn increments
during reduction.
c.
Without cumulative effect.
In
this case, the intention of the punishment is that the official should be paid
one stage less than his entitlement during the period of reduction.
The punishment is to be operated as
follows:
Pay as on the date of reduction :Rs.
15440+4200
Reduced pay (by one stage: Rs.14870+4200
|
From
|
To
|
Pay due but for punishment
|
Pay actually to be paid as per punishment
|
Remarks.
|
|
13/03/2013
|
30/06/2013
|
15440+4200
|
14870+4200
|
Punishment starts. Pay due, less one stage will be
paid.
|
|
1.7.13
|
12.3.14
|
16030+4200
|
15440+4200
|
Will earn increment on reduced pay. He draws one
stage less than his entitlement.
|
|
13.3.14
|
30.6.14
|
16030+4200
|
16030+4200
|
Without cumulative effect. Punishment ends on
13.3.2014.The pay reduced is restored.
|
But, as per the operation
in the OM, the official has to draw Rs.14870+4200 during the entire period of
reduction i.e. from 13.3.13 to 12.3.14 without any increment on 1.7.2013 (since
the increment on 1.7.2013 is noted as notional).
As per this operation of pay, the punishment
automatically modified as “ he will not earn increments during the reduction”
which is against the original punishment order. The official is put into a loss
from 1.7.13 to 12.3.14 (Rs. 570+Da per month. 15440-14870. Due Rs. 15440 paid
14870).
Case
2: Reduction to a lower stage
The penalty:
The penalty of reduction to a lower stage in the time scale of pay
by two stages for a period of one year is imposed on a govt. servant w.e.f.
13.3.13. It is further directed that the GS would earn increment during the
period and the reduction will not have the effect of postponing future
increments of pay. The GS was drawing Rs.15440+GP 4200 in pay band 2
(Rs.9300-34800) same as case 1.
In this case,
the punishments is
a.
The pay is reduced by two stages
for one year.
b.
The official will earn
increments during reduction.
c.
Without cumulative effect.
In
this case, the intention of the punishment is that the official should be paid
two stages less than his entitlement during the period of reduction.
The punishment
is to be operated as follows:
Pay as on the date of reduction :Rs.
15440+4200
Reduced pay (by two stages:
Rs.14320+4200
|
From
|
To
|
Pay due but for punishment
|
Pay actually to be paid as per punishment
|
Remarks.
|
|
13.3.2013
|
30/06/2013
|
15440+4200
|
14320+4200
|
Punishment starts. Pay due, less than 2 stages is
paid.
|
|
01/07/2014
|
12/03/2014
|
16030+4200
|
14880+4200
|
Will earn increment on reduced pay.He draws 2 stages
less than his entitlement.
|
|
13/03/2014
|
30/06/2014
|
16030+4200
|
16030+4200
|
Without cumulative effect. Punishment ends on
13.3.2014. The pay reduced is restored.
|
But, as per the
operation in the OM, the official has to draw Rs.14320+4200 during the entire
period of reduction i.e. from 13.3.13 to 12.3.14 without any increment on
1.7.2013 (since the increment on 1.7.2013 is noted as notional).
As per this operation of pay, the punishment
automatically modified as “ he will not earn increments during the reduction”
which is against the original punishment order. The official is put into a loss
from 1.7.13 to 12.3.14 (Rs. 560+Da per month. 14880-14320. Due Rs. 14880, paid
Rs. 14320).
Case
2-A: Reduction to a lower stage
The penalty:
The penalty of reduction to a lower stage in the time scale of pay
by two stages for a period of one year is imposed on a GS w.e.f. 13.3.2013. It
is further directed that the GS would not earn increment during the period and
the reduction will not have the effect of postponing future increments of pay.
The GS was drawing Rs.15440+GP 4200 in pay band 2 (Rs.9300-34800) same as case
1.
In this case,
the punishments is
a.
The pay is reduced by two stages
for one year.
b.
The official will not earn
increments during reduction.
c.
Without cumulative effect.
The punishment
is to be operated as follows:
Pay as on the date of reduction :Rs.
15440+4200
Reduced pay (by two stages:
Rs.14320+4200
|
From
|
To
|
Pay due but for punishment
|
Pay actually to be paid as per punishment
|
Remarks.
|
|
13/03/2013
|
30/06/2013
|
15440+4200
|
14320+4200
|
Punishment starts. Pay due less than 2 stages is
paid.
|
|
01/07/2013
|
12/03/2014
|
16030+4200
|
14320+4200
|
Will not earn increment on reduced pay.He draws 3
stages less than his entitlement. 2 stages for reduction and 1 stage for
non-earning of increment.
|
|
13/03/2014
|
30/06/2014
|
16030+4200
|
16030+4200
|
Without cumulative effect. Punishment ends on
13.3.2014. The pay reduced is restored.
|
But, as per the operation in the OM, the official has to draw
Rs.14320+4200 during the entire period of reduction i.e. from 13.3.13 to
12.3.14 without any increment on 1.7.2013, which is correct since the official
will not earn increment during the period. But, after the punishment is over,
the official is entitled for 16030+4200 since the punishment order is without
cumulative effect.
As per the operation of this punishment as per this OM the pay is
fixed at 15440+4200 on expiry of the reduction. As per this operation of pay,
the punishment automatically modified as “he will not earn increments during
the currency of punishment and that the reduction will have the effect of
postponing future increments of pay” which is against the original punishment
order. The official is put into a loss from 1.7.13 to 12.3.14. Also, this
punishment could not be awarded under Rule 16.
Case 3: Reduction to a lower stage
The penalty:
The penalty of reduction to a lower stage in the time scale of pay
by one stage for a period of two years, without cumulative effect and not
adversely affecting his pension is imposed on a govt. servant w.e.f. 13.3.2013.
The GS was drawing Rs. 15440+4200 in pay band 2 (Rs. 9300-34800)
In this case,
the punishments is
a.
The pay is reduced by one stage
for two years.
b.
Since there is no mention about
increments, the official will earn increments during reduction.
c.
Without cumulative effect.
The punishment
is to be operated as follows:
Pay as on the date of reduction :Rs.
15440+4200
Reduced payby one stage: Rs.14870+4200
|
From
|
To
|
Pay due but for punishment
|
Pay actually to be paid as per punishment
|
Remarks.
|
|
13/03/2013
|
30/06/2013
|
15440+4200
|
14870+4200
|
Punishment starts.
|
|
01/07/2013
|
30/06/2013
|
16030+4200
|
15450+4200
|
Will earn increment on reduced pay
|
|
01/07/2014
|
12/03/2015
|
16640+4200
|
16040+4200
|
Will earn increment on reduced pay
|
|
13/03/2015
|
|
16640+4200
|
16640+4200
|
Without cumulative effect. Punishment ends on
13.3.2015.The pay reduced is restored.
|
But, as per the operation in the OM, the official has to draw
Rs.14870+4200 during the entire period of reduction i.e. from 13.3.13 to
12.3.15 without any increment on 1.7.2013 and 1.7.14. The official is put into
a loss of Rs. 580 per month (15450-148700 from 1.7.13 to 30.6.14 and Rs.590 per
month from 1.7.14 to 30.6.15. In this case the punishment automatically
modified as “he will not earn increments during the reduction” which is against
the original punishment order.
Article shared by
Shri. R.Hariharakrishnan
Postmaster
Srivaikuntam HO
Tamilnadu 628601
