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Showing contexts for: ccs revised pay rules 2008 in Page No.# 1/25 vs The State Of Assam And 8 Ors on 29 May, 2025Matching Fragments
7. At this stage, it is very relevant to take note of that when the petitioner applied to the post of the Stenographer Grade-I in terms with the advertisement dated 23.05.2008, the scale of pay in respect to which the advertisement was issued pertained to the Assam Services (Revision of Pay) Rules, 1998 (ROP, 1998). It is also very pertinent to mention that the petitioner's last pay certificate which was submitted on the date of the joining on 09.01.2009 was the pay, the petitioner was enjoying in terms with the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008).
The fixation is subject to the final verification of Internal/MHA audit.
This order superseded all the earlier order(s) in this regard.
Head of Branch CBI: ACB: Guwahati No. DPGWH2012/3868-70/E/47/97-2011 Dated:11/07/2012"
19. From the above quoted contents of the communication dated 11.07.2012, it would be seen that the petitioner was initially appointed in the Central Bureau of Investigation in the pre-revised scale of pay of Rs. 5500-175-9000/-. Further, it appears that on account of stagnation increment, the petitioner's basic pay was Rs. 6,025/-. Interestingly, the basic pay of the petitioner as on 01.01.2006 along with one increment at the old rate was Rs. 6,200/-. It is relevant to take note of that both the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008) as well as the Assam Services (Revision of Pay) Rules, 2010 (ROP, 2010)came into effect w.e.f. 01.01.2006, but the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008) was notified vide a Notification dated 29.08.2008 and on Page No.# 14/25 the basis thereof, the petitioner's salary was brought within the ambit of the revised pay band and Grade of Rs. 9,300-Rs. 34,800/- + GP Rs. 4,200/-. It further appears from the above quoted document that taking into account the increments, the petitioner's pay was to be fixed at Rs. 11,540/- + 4200/-. It is further seen that there were further fixation of the pay of the petitioner from time to time on account of increment. Relevant herein to take note of is that the petitioner's pay as on 01.07.2008 was Rs. 13,020/- + GP Rs. 4,200/- which comes to Rs. 17,220/-.
20. The above quoted document makes it clear that the petitioner at the time of appointment to the post of Stenographer Grade-I had already taken the benefit under the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008) and knew it very well that he could not have availed the double benefit.
21. The Assam Services (Revision of Pay) Rules, 2010 (ROP, 2010) was notified on 22.01.2010, though given effect from 01.01.2006.
Therefore, the initial pay fixation of the petitioner in terms with the Assam Services (Revision of Pay) Rules, 2010 (ROP, 2010), was required to be fixed taking into account that the petitioner had already got the benefit of the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008. However, the Gauhati High Court Page No.# 15/25 did not take into consideration that the petitioner's scale of pay which he was enjoying, was on account of the benefits under the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008) and on the basis of that, the petitioner's total pay was fixed at Rs. 27,919/-. This on the face of it was an error on the part of the Gauhati High Court.
28. In the instant case, the materials on record would show that the petitioner was very well aware that he had already taken the benefits under the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008) and on that basis his last pay drawn was Rs. 13,020/- + Rs. 4,200/- = Rs. 17,220/- as on 01.07.2008. At the time of fixation of his salary, he ought to have informed the Gauhati High Court about the fact that he had already availed the benefit of the Central Civil Page No.# 20/25 Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008). The Gauhati High Court on a misconception without taking into account that the petitioner had already taken benefit under the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008) had fixed the initial pay. It is also very relevant at this stage to take note of why the Gauhati High Court as well as the Finance Department, Government of Assam had taken the petitioner's salary all along at Rs. 12,660 + Rs. 4,200/- = Rs. 16,860/- and not Rs. 13,020/- + Rs. 4,200/- = Rs. 17,220/-, as would appear in all pleadings and communications. The logical answer to the same appears to be that the communication dated 11.07.2012 was never placed at the time of Pay Fixation. The communication dated 11.07.2012, the details of which had been quoted above would clearly show that the petitioner's salary of Rs. 13,020/- + Rs. 4,200/- was on account of the revised pay applying the Central Civil Services (Revised Pay) Rules, 2008 (CCS(RP) Rules, 2008). Further, it is beyond comprehension, as to why, the petitioner who is a Stenographer Grade-I, was not aware that he had been given the double benefit. Under such circumstances, it is not the case where there is a wrong interpretation of the Rule, but a case where the petitioner did not apprise the authorities that he was given a double benefit.