with the
First Schedule, Part-A, Section I to the CCS (Revised
Pay), Rules, 2008 and arrears was also given to the
applicant.
15. Learned ... financial upgradation granted to the
applicant was as per CCS (Revised Pay) Rules, 2008.
Hence, the applicant cannot claim to be treated on the
same
fixed under Rule 8 of the
CCS(RP) Rules, 2008. Rule 7 of CCS(RP) Rules 2008 reads as follows:
"7. Fixation of initial ... fixed as per Rule 7 of
the CCS(RP) Rules or Rule 8 of CCS(RP) Rules 2008 which stipulate
fixation
Note 2B of Rules 7 and
illustration 4B of CCS (RP) Rules 2008. They did not stick to their stand and
within a period ... conformity with CCS(RP) Rules 2008.
According to the Department of Expenditure:
"As per Rule 7 of the CCS (PP) Rules, 2008, where
Civil Service (Revised Pay) Rules, 2008, which is
pari materia with the Rules in the instant case. The relevant
Rules, 2008 are extracted hereunder ... applied in terms of Rule : 4800
4 of CCS (RP) Rules, 2008.
9 Stepped up pay with reference to the
Revised pay of Junior
Rules, 2008 stood rescinded with retrospective
r effect
from 1.12006 and, consequently, a question has been raised as to
whether Rule 13 of CCS ... date of notification of
CCS(RP) Rules, 2008. Thus, the benefit of Rule 13 of CCS(RP)
Rules, 2008 would not apply in Cases
than their juniors. But the provisions under FR-
22, and CCS (Revised Pay) Rules, 2008 did not come up for
consideration which are the basic ... These conditions of FR-22(21) were also
provided under CCS (Revised Pay} Rules, 2008. FR-22(26) deals
with instances which do not constitute
Part B of the Gazette
Notification, notifying the CCS (Revised Pay) Rules, 2008, revised pay scale
of `6500-10500 has been recommended for Stenographer Grade ... Central Pay Commission strictly according to the
CCS (Revised Pay) Rules, 2008 where the provision is absolutely clear, which
is that the basic pay drawn
stated in the CCS
(Revised Pay) Rules, 2008. In sub clause (8) of Rule 3 of CCS (Revised
Pay) Rules, 2008 basic pay is defined ... stand
taken in an executive order contrary to the CCS (Revised Pay) Rules, 2008
cannot stand judicial scrutiny.
16. We have reasons to think that
Original Application is with
respect to the applicability of the CCS (Revised Pay) Rules, 2008. The
applicants, 30 in number, are working as Assistant Accounts ... schedule of the Rules, 2008. Bare
reading of Rule 11 of the Rules 2008 itself clearly reveals that Rule
11 shall be attracted where
MACP Scheme,
the Applicant had an option under CCS(RP) Rules,
2008 to get his pay fixed as per the Revised Pay
Structure ... Applicant is final as per Sub-
Rule (4) of Rule 6 of 7 CCS (RP) Rules, 2008. That the
copy of letter
