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2. The applicant was initially appointed as Trained Graduate Teacher (Maths) on 12.08.1995 in the scale of pay of Rs.1400-2600 (PB2 + GP Rs.4600/-). The applicant on completion of 12 years was promoted and A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' granted PB2 + GP Rs.4800/- (Senior Scale) with effect from 12.08.2007 in terms of the Government Order on the subject. Thereafter the applicant's pay was fixed with effect from 12.08.2007 by applying Rule 13 of the CCS (Revised Pay) Rules, 2008. On 01.07.2007 as per the pay fixation under CCS (Revised Pay) Rules, 2008 the applicant was drawing a Band Pay of Rs.14380/- + GP Rs.4600/-. The basic pay being the sum of the Band Pay and the GP was Rs.18980/-, 3% of Rs.18980/- being Rs.569.4, the same was added to the Band Pay of Rs.14380/- would come to Rs.14949.4. Therefore, the applicant's pay on promotion from GP Rs.4600/- to GP Rs.4800/- was fixed as Rs.14950/- + Rs.4800/-. In 2015 the applicant was also granted 2 nd financial upgradation ie. PB2 + GP Rs.5400/- (Level 9 of the Pay Matrix). A copy of the same is produced as Annexure A-3.

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4. Having submitted a representation vide Annexure A-5 and having got no response to the representation, the applicant filed O.A.No.578/2021 before this Tribunal which was disposed of vide order dated 01.11.2021 directing the competent authority to consider the representation of the applicant on the basis of the relevant rules and regulations and Rule 13 of CCS (Revised Pay) Rules, 2008 and pass a speaking order on the same after giving an opportunity to the applicant for hearing within a period of three months from the date of receipt of a copy of the order. A further direction not to implement Annexure A-1 till the disposal of the representation was also given. In compliance of the directions to the aforesaid order of this Tribunal, the respondents have now issued Annexure A-2 order rejecting the claim of the applicant. It is submitted by the applicant that the fixation of pay has been done under FR 22 instead of Rule 13 of the CCS (Revised Pay) Rules, 2008 which would be the rule that governed the situation as on 12.08.2007. Rule 13 of the CCS (Revised Pay) Rules, 2008 reads as under :

6. There are two separate issues to be examined here. One is that Rule 10 of CCS (Revised Pay) Rules, 2008 determine that there will be a uniform date of annual increment ie., 1st July of every year. Employees A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' completing six months and above in the revised pay structure as on 1 st of July will be eligible to be granted the increment. The first increment after fixation of pay on 01.01.2006 in the revised pay structure will be granted on 01.07.2006 for those employees for whom the date of increment was between 1st July 2006 to 1st January 2007, which would squarely apply in this case. An additional increment was granted to the Central Government employees who are due to get annual increment between February to June, 2006 on 01.01.2006 in the pre-revised scale as a one time measure and thereafter will get the next increment in the revised pay structure on 01.07.2006 as per Rule 10 of the CCS (Revised Pay) Rules, 2008. This is as per the Department of Expenditure O.M.No.10/02/2011-E.III/A dated 19.03.2012. Since date of next increment of the applicant fell in the month of August, he was not eligible for an additional increment on 01.01.2006 in the pre-revised scale as per the terms of the aforesaid O.M and the fixation of first increment after fixation of pay on 01.01.2006 in the revised pay structure was due to be granted on 01.07.2006. To that extent the pay fixation order is in accordance with the rules. However, it is intriguing to note that having fixed his pay under the 6 th CPC as per Rule 10 of the CCS (Revised Pay) Rules, 2008 and granting his increment on 01.07.2006, at the time of fixation of pay in the Senior Scale the A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' respondents have reverted to FR 22 (1)(a)(2) without reference to Rule 13 of the CCS (Revised Pay) Rules, 2008, which is squarely applicable in the case of promotion from one grade pay to another in the revised pay structure and describes how the pay fixation will be done. To that extent the Annexure A-1 order is both in violation of the directions of this Tribunal in O.A.No.578/2021 and the pay fixation rules which were in place after 01.01.2006.

7. Accordingly, it is held that the relief sought for ie., the applicant is entitled to have his pay fixed under Rule 13 of the CCS (Revised Pay) Rules, 2008 on promotion from GP Rs.4600/- to GP Rs.4800/- in PB2 with effect from 12.08.2007. Section (1) of the Revised Pay Rules, 2008 clearly states that they shall be deemed to have come into force on the 1 st day of January, 2006. That being so, there is no reason for Rule 13 of the CCS (Revised Pay) Rules, 2008 to have not been applied, and FR 22 (1)