F.No.1/21/2012-IR
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
North Block,
New Delhi, the 4th September, 2012.
OFFICE MEMORANDUM
Subject: Internship Programme on Implementation of Right to information.
The undersigned is directed to say that the Department of Personnel & Training as the nodal Department for Right to Information Act., 2005 has felt the need to consolidate and document the experiences of the Ministries/Departments of Government of India in the implementation of RTI, its success, constraints in implementation, identify the areas which need more attention, address the gap areas and see what need to be done to help achieve the objectives of the Act.
2. The Department of Personnel and Training has drawn up a short term Internship Programme for undergraduates pursuing five year Integrated Course in Law to conduct an analysis of RTI applications in Public Authorities under the Central Government. After the internship, the interns would submit their reports to DOPT and concerned Ministry / Department.
3. Ministries / Departments desirous of getting the above mentioned analysis are requested to allow interns sponsored by DOPT to analyse a sample of the RTI applications received in the last one year in the respective Ministry/Department. It is requested that the number of interns that can be accommodated by the Ministry/Department may also be intimated alongwith the details of Nodal Officer to coordinate with DOPT. The expenditure of the Internship Programme by way of conveyance allowance of the interns would be borne by DOPT. The response in this regard may please be intimated to DOPT latest by 20th September,2012.
(Anuradha S.Chagti)
Director
Original Order
http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_21_2012-IR.pdf
My basic pay in the pre-revised scale of clerk (IAAD) was Rs.3200/- as on 01.01.2006 with DNI as on 01.07.2006 in the scale of Rs.3050-4980/-. On 25.05.2007 I was promoted to the post of Accountant (Rs.4500-7000). I passed Departmental Exam SAS (Civil Audit)-2010 and I joined O/o the Pr. A.G (Audit), to the post of Asst. Audit Officer on deputation cum eventual absorption basis on 11.05.2011. That sir, after implementation of 6th CPC, unknowingly a disadvantageous option for fixation of pay w.e.f 01.01.2006 was given by me and the office fixed my pay against my option as hereunder : – 1.1.2006 6060+1900 (CT pay w.r.t Rs.3200 in fitment table) PB-I 22.02.2006 7440+2400 ( An ex-cadre post DEO (Rs.4000-6000- 5th CPC) fitment table)PB-I 25.5.2007 8370+2800 (Acctt pay w.r.t. Rs. 4500 in fitment table)PB-I 01.07.2008 8710+2800 1.7.2009 9060+2800 1.7.2010 9420+2800 Later I came to know on that the fixation of pay done as above was not in order and this office had sought clarification/rectification from my earlier parent office. I had also sent a representation for rectification of pay taking my fresh option (w.e.f 25.5.2007) into account to save myself from huge amount of recovery and loss of present pay.my earlier parent office has returned the service book with a proposal of recovery of Rs.1.22 lakh after rectifying the mistakes committed during fixation of pay under 6th CPC without any consideration on my representation and the same has already been affected and pay to be reduced upto a large extent. If I may be allowed to opt a fresh option w.e.f 25.05.2007, recovery of excess drawl w.e.f 1.1.2006 to 24.05.2007 only to be affected and existing pay will also not be reduced as detailed below: 25.05.2007 Rs.4500/-(Rs.4500-7000/-) promoted to the post of Acctt.5th CPC 25.05.2007 Rs.8370/- + Rs.2800/- (PB-I) 6th CPC 01.07.2008 Rs.8710/- + Rs.2800/- 01.07.2009 Rs.9060/- + Rs.2800/- 01.07.2010 Rs.9420/- + Rs.2800/-
WHETHER THE ABOVE MENTIONED FACTS ATTRACTS THE “UNFORSEEN DEVELOPMENT” AS MENTIONED IN DOPT ORDER DTD -25.02.2003 FOR REVISE OF OPTION FOR RE-FIXATION OF PAY
I am also sufferer of same situation. the office used three times the fitment table against my disadvantageous option(1.1.2006 Rs,3200/- 3050-4980/-= 6060+1900)between 1.1.2006 to 30.08.2008 on the occassion of my deputation to ex-cadre post(22.2.2006, DEO,4000-6000, 4000= 7440+ G/pay = 2400/) and on my promotion(25.5.2007) to the post of Accountant (4500-7000, 4500= 8370+G/pay=2800/-)AND lateron pay-fixation has been rectified taking my earlier option into account proposing a huge amount of recovery and reducing my current pay whereas i wanted to opt a fresh option w.e.f the date of promotion (25.5.2007) which not only protect my current pay but also the amount of recovery would be less, but the office did not act accordingly in the light of DOPT order dated-25.02.2003 (unforseen development)
pl guide me Brief facts of my case as per records available
1. Date of increment in the pre revised scale was May every year.
2. After the introduction of the revised pay scale, 2008, date of increment was also May, 2006
3. Two increments were wrongly granted in July, 2006 as per the clarification on revised pay rules 2008 of O.M. dated 13.9.2008.
4. Audit objection was raised in 14.9.2010 by the internal audit party (O/O Pr. Chief Controller of Accounts CBEC, New Delhi) and pointed out over payment w.e.f. 1.1.2006 to 31.8.2010 during the fixation of pay on merger of pay scale of DOS L-II(5000-150-9000) with DOS L-I (5500-175-9000) w.e.f. 20.9.2005.
{here I want to clarify that the two increments were not be given on 1.7.2006 – only one increment be given as per Revised pay rules, 2008. This was not intimated to me, if intimated, I have pointed out at that time}
5. In the meantime Deptt. Of expenditure O.M. dated 5.7.2010 came for revision of option under revised pay rules, 2008. I requested for my revised option for fixation of pay on merger of existing cadres of DOS L-II & L-I w.e.f. 20.9.2005 on the basis of verbal advise of the then A.C.A.O.(P&C) . I also requested to recover the amt which was recovered from my salary from 1.12.2010 to 1.12.2011.
{ here I want to clarify that opting for revision of my pay as per O.M. dt. 5.7.2010 w.e.f. 20.9.2005 was a wrong advise given to me which I have come to know now and want to rectify as O.M. dt. 5.7.2010 is applicable for the revised pay rules, 2008 where as the option has been accepted from 20.9.2005 i.e. in the pre revised scale}
6. Now on receipt of Exp. O.M. dt. 19.3.2012, according to which my pay fixation is required to be done correctly by granting one time measure increment due in May 2006 on 1.1.2006 and thereafter next increment in July, 2006 and so on.
{here I want to clarify that Had the Exp. O.M. of 19.3.12 been issued or in existence earlier, I would not have opted for pay fixation from Sept, 2005, It may be recalled that consequent upon the merger of scales I had opted for my fixation on grant of increment in May, 2006. it could not be foreseen that Ministry of finance will issue clarificatory orders on 19.3.2012. Obviously this is a case of unforeseen circumstances as per Ministry of Finance O.M. F.No. 1/1/2008-1C dated 29.1.2009 incorporated as GOI order No. 14 under F.R. 22 in Swamy’s Compilation of FRSR Part-I.}
Due to unforeseen event I want to opt for fixation of pay from date of increment i.e. May,2006. It is clarified here that the letter of dated 19.3.2012 was not in existence when the Revised pay rules, 2008 came into existence. This change of option due to unforeseen developments is permissible as per clarificatory orders issued vide Ministry of Finance O.M. F.No. 1/1/2008-1C dated 29.1.2009 incorporated as GOI order No. 14 under F.R. 22 in Swamy’s Compilation of FRSR Part-I.