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In continuation to my earlier post (as below) on different rules/provisions which suggest PB IV for us, I would like to draw your attention towords the recent office memo- "No.12/3/2009-Pay-I" of Department of Personnel and Training , Government of India, dated 30/3/2010 (http://www.persmin.nic.in/writedata/CircularNotification/ScanDocume... ). As per my understanding, this memo also suggests/supports that directly recruited associate professors/ readers appointed on or after 1.1.2006 should be placed in PB IV from their date of selection. Please comment and discuss. Any update on this would be highly appreciated.
Dr. Sabyasachi Mishra said:The revised final UGC regulation 2010 is not at all welcome. It has done injustice to all direct recruits after 1.1.2006. All Readers and Associate Professors appointed on or after 1.1.2006 should have been placed in PB 4 with AGP 9000. However, the new UGC regulation has kept silent on this. Infact, my feeling is that few of the senior readers, who were supposed to defend our interest, kept mum, bcos its not a problem for them. They are, anyways, getting the PB4. All those so called teacher associations have also played dirty. Instead of safeguarding our community, they have cheated us. They should have worked for getting the revised pay as par with IITs and IIMs. Unfortunately, now the situation is that we are not sure if we would get the minimum PB4 even. Anyways, following are few solid points based on which we can claim our due and can also move to court if denied. I got these from the HubPage. Thanks to the contributer. I have added few things wherever felt necessary.
1. As per the Ministry of Human Resource Development (MHRD) scheme of pay revision of teachers dated December 31, 2008 and CCS (Revised Pay) rules 2008 (http://india.gov.in/govt/studies/revised.pdf ) dated August 29, 2008 there are only three designations of teachers in universities and colleges as Assistant Prof., Associate Professor and Professor with entry level AGP of 6000, 9000 and 10000 respectively. All the physical posts of Lecturers were converted to Assistant Professor and Readers were converted to Associate Professor with effect from 01.01.2006.
2. In this regard Ministry of Human Resource Development (MHRD) also issued a clarification (F-23-2/2009-TS-II with the heading as Pay Fixation in Parra-II, Part-ii) on 9th March, 2010 (http://www.education.nic.in/TechnicalEdu/Revpay-clarifications.pdf), for NITs but applicable to everyone, stating Pay of directly recruited Teachers on or after 1.1.2006 should be fixed at the entry level of the revised pay and the AGP as prescribed and as per the provision in the CCS (Revised Pay) Rules 2008.
3. All Lecturers who were selected post 1.1.2006 have been given benefit of CCS Rule 8 (like five advance increments instead of three) as if they have been directly appointed in 6th Pay commission (Assistant Professor). While direct selected Readers post 1.1.2006 are first fixed in 5th pay commission (Reader) and then fixed in the corresponding 6th pay grades which is against Rule 8 of CCS (Revised Pay) rules 2008 (http://india.gov.in/govt/studies/revised.pdf ).
4. Direct recruits are treated as Reader with AGP 8000 which is a promotional grade in PB-III for Assistant Professor and is against Rule 8 of CCS rules 2008 and MHRD clarification of 9th March, 2010. In view of the above rules we should have been given AGP Rs 9000/- in PB-IV applicable to Associate Professor from the date of appointment.
5. The precondition in re-designation can not be applied retrospectively for those occupying any physical post against an employee as in case of professors who are exempted from PhD if they have become professor without PhD as per previous rules.
6. Any existing reader or associate professor occupying physical post of associate professor can not become junior to a new associate professor to be appointed on a later date as against natural justice.
7. No directly recruited reader/Associate Professor can become junior to a lecturer (selection grade) who became associate professor due to pay revision as pay fixation can not change the cadre seniority. For that all directly recruited Readers and Associate Professor should be directly fixed in PB4 from the date of appointment instead of promoting them to PB4 after 3 years of service in Grade pay 8000.
8. For granting the revised pay scale and grade pay, the Govt of India has issued clarification (http://india.gov.in/govt/studies/clarifications.pdf) on placing employees in upgraded scales in case of merger of scales/up-gradations recommended by the 6th CPC via O. M. (F. No. 1/1/2008-IC, dated September 13th, 2008) under Clarification 6 (on page 4). This says that suitability of the incumbents need not be assessed for granting them higher replacement scale/grade and the incumbents will automatically be granted the replacement pay scale/grade pay recommended by the commission. So, placing the incumbent Readers and Associate professors (recruited after 1.1.2006) on a 3 years wait is against this clarification.
To summerise, if we are put in PB 3 with Grade Pay 8000, we will be junior to lecturer (selection grade) who were/are junior to us earlier. Also we will be junior to any Associate Professor who will be appointed at a later date than us, though they will be appointed on the same physical post. Secondly, it will be gross violation of rule 8 of CCS (Revised Pay) rules 2008 which are the basic rules of 6th pay revision and no order by any statutory agency, other than that from President of India, can go against these rules.
So lets fight for it. Pass it on to the right forum.
Dr Mishra Please check the link and repost as it is not working.