4.19 The next issue is how Dav is to be fixed to come over to the new scales. The Drevious Commission Drovided for mereine DA in full 164%1. a 10% fitment benefit, with a minimum assured amount of '1000 and Service weiehtaee at V2% Der comoleted vear of service ('maximum 15 %1. This Commission also Dersists with the existing svstem desDite some reauests for erantine service weiehtaee in the revised scale, as was eiven in the 2004 revision. The Commission could readilv come to conclusions reeardine mereer of DA and service weiehtaee. Fixine the fitment benefit was a challenee as even a small hike will result in huee additional financial commitment. The Commission was of the view that the lower level emolovees should eet a decent hike due to revision and recommends for a fitment benefit of 12% of the existing basic Dav subiect to a minimum of '2000/-.fIhe fitment benefit at the lowest Dav is effectively at 23.5% and shrinks to 12% as the Dav eoes hieher.lDA shall be fullv neutralized at 80% as on 01.07.2014 and service weiehtaee at V2% Der comoleted vear of service subiect to a maximum of 15% shall be allowed. The amount of fitment benefit and service weiehtaee taken together shall not exceed' 12000.
4.20 ODtion: The various revisions Drovided the emolovees the ODtion to choose the date on which one intended to move to the new scales. It eave certain advantages to a section of emolovees. usuallv centering on dates of increment. Dromotion. comoletion of vear for service weiehtaee etc. On the other side, it creates a lot of administrative work and delav in fixine the revised scales. Invariablv. a laree number of emolovees would eo wrone while Dreferrine ODtion and data shows that the Government is flooded with reauests for allowine re-ODtion. Even more than 20 cases are Dendine in the SuDreme Court.
4.21 Can the facility of ODtion be disDensed with? Will it hurt the emolovees badlv? Can evervbodv be shifted to the new scales mandatorilv? The first thine to assure is that the emolovees do not lose their leeitimate claims The Commission has recommended for a hieher fitment benefit and allowances which will result in a fair hike in total emoluments in the revised scales. Then whv should one eo anv further? Bv movine to mandatory chanee over, there is no denial of their existine benefits. It onlv curtails the Dossibilitv of eettine an additional advantaee due to the Drovisions in the revisions. When considerine the administrative cost and effort involved, a chanee from the existine Dractice becomes Dertinent. In the circumstances, the Commission recommends that the Fav Revision shall come into force with effect from
01.07.2014 and Dav of all enmlovees stand shifted to the New Scales from the date of inmlementation itself. Increments will be eranted on due dates as if one had continued in the old scale without waitine for one vear from the date of revision. The issue of iunior-senior anomalv is not a Drobabilitv but in anv case if it occurs, that will be set rieht as Der existine Drocedures. The followine rules are DroDosed for fixation of Dav in the revised scales.
fii The revised scales of Dav shall come into force w.e.f.01.07.2014.
fiii All emolovees who were in service as on 01.07.2014 shall be
deemed to have come over to the new scales with effect from 01.07.2014. There will be no ODtion.
fiii) Existine scale of Dav for the Duroose of these rules is the scale of Dav as incoroorated in G.O.CPI.No.85.2011.Fin dated 26.02.2011. fivl Existine emoluments for the Duroose of these rules shall be the total of:
fal Basic Dav in the existine scales as on 01.07.2014. includine increments, if anv. accruine on 01.07.2014 in the existine scale. Staenation increments shall also be reckoned for this.
(b) Personal Dav. if anv. not SDecificallv ordered to be absorbed in future increase of Dav.
(cl Soecial oav drawn in lieu of higher time scale of nav nrovided there is no soecial nav attached to revised scale.
(dl Dearness Allowance admissible at the rate of 80% on such nav vide (ah (hi and (cl above.
Note: - Snecial nav. in addition to the nav drawn in the existing scale shall not be reckoned for fixation of nav in the revised scale.
(vl To the existing emoluments comnuted above, shall be added an amount eaual to 12% of basic nav subject to a minimum of 2000/- in Rule (iv'Ka'l above towards fitment benefit and another amount eauivalent to xh% of basic nav. snecified in Rule (iv'Ka'l above, for each comnleted vear of service subiect to a maximum of 30 comnleted vears. towards service weiehtaee.
Note: - Service for the ouroose of this rule means service including broken neriods of service aualifving for normal increments in the scale of nav. Time snent on leave not counting for normal increment will not be reckoned. Service during the neriod of bar on increment, without cumulative effect will be reckoned. Prior Regular service in aided schools/colleges. Municinal Common Service. Panchavat service and High Court of Kerala Service mav also be reckoned.
(vfl The amount so arrived at under Rule (vl above shall be stenned un to the next immediate stage in the revised scale of nav.
(viil If the amount arrived at under Rule (vl above is more than the maximum of the revised scale, the nav shall be fixed at the maximum of the revised scale and the difference shall be treated as oersonal nav and it will not be absorbed in future increase in nav on account of granting increments. This oersonal oav will count for all ourooses viz: fixation of oav. calculation of leave salary, drawal of allowance and oension.
(viiil In cases, where a senior government servant oromoted to a higher oost before 1.7.2014. (other than a time bound higher gradel draws less oav in the revised scale than his lunior oromoted to the higher oost after 1.7.2014. the oav of the senior emolovee shall be steooed uo to the level of the oav of the iunior w.e.f. the date on which iunior draws more oav. orovided that (a) The senior and the iunior emolovee should belong to the same category and should have been oromoted to the same category of oost.
(bl The ore-revised and revised scale of oav of the lower and higher oosts in which thev are entitled to draw oav should be identical.
(cl The senior Government servant at the time of oromotion has been drawing eaual or more oav than the iunior
(dl The anomalv should have arisen directlv as a result of the introduction of the revised scale of t>av (el The anomalv should not have arisen due to the ootion exercised on different dates or due to anv advance increments granted to the iunior in the lower cost or due to increased service weiehtaee to the iunior.
Note: - (il If in the lower cost, the iunior emolovee was drawing more t>av in the ore-revised scale than the senior, the senior to such iunior will have no claim over the oav of the iunior.
f. All aDDointments and Dromotions made on or after 1.7.2014 shall be deemed to have been made in the revised scale of Dav.
g. Provisional emolovees recruited through the emolovment exchanges who were in service on 30.6.2014 and continued thereafter shall be eligible for the minimum of the revised scale of Dav onlv.
h. Increments will be granted on due dates as if one had continued in the old scale without waiting for one vear from the date of revision.
i. An emolovee whose increment is withheld for want of declaration of Drobation on 1.7.2014 will also be allowed the benefit of fixation of Dav bv notionallv counting the increment accrued but withheld, in relaxation of Rule 37 B(bi. Part I Kerala Services Rules, subiect to the condition that the next increment after such fixation will be allowed onlv after he is declared to have satisfactorily comoleted his Drobation and the Deriod of aDDroved service reauired to earn an increment.
i. In the case of an emnlovee whose Dav has been reduced with the effect of Dostooning future increments, fixation of Dav in the revised scale will be allowed as on 01.07.2014 but he has to remain in that Dav till the exDirv of the Deriod of reduction. The Dav will, however, be fixed on the date of exDirv of the Deriod of reduction. The next increment in such cases will be allowed onlv on comDletion of aDDroved service reauired to earn an increment from the date of such fixation.
k. In the case of emDlovees whose increment in the Dre-revised scale is barred as Dunishment without cumulative effect, their Dav as on
01.07.2014 (if it is w.e.f. a date on which the increment bar is in force! in the revised scale will be fixed on the basis of the Dav notionallv arrived at bv counting increment each, in the Dre-revised scale, for everv comDeted vear of service which would have been counted for normal increment, but for the Dunishment. The next increment in the revised scale will be sanctioned onlv after exDirv of the remaining Deriod of increment bar as on the date of fixation of Dav in the revised scale.
l. In the case of emolovees whose increment in the ore-revised scale is barred as ounishment with cumulative effect, their oav as on
01.07.2014 (if it is w.e.f. a date on which the increment bar is in forcel will be fixed on the basis of the oav thev were drawing immediatelv before increment bar. Thev will be entitled to the oav at the same rate till the exoirv of the oeriod of increment bar. The next increment in the revised scale will be sanctioned onlv after exoirv of the oeriod of increment bar.
m. In the case of emolovees whose oav in the ore-revised scale is reduced to lower staee as oenaltv temoorarilv. their oav in the revised scale will be fixed as on 01.07.2014 (if it is w.e.f a date on which the reduction in oav is in forcel on the basis of the oav after reduction in the ore-revised scale. The next increment that will accrue in the revised scale will be sanctioned onlv after the exoirv of the remaining oeriod of oenaltv.
n. In the case of emolovees whose oav in the ore-revised scale is reduced oermanentlv to lower stage as oenaltv with the effect of oostoonine future increments, his oav in the revised scale will be fixed on
01.07.2014 on the basis of the reduced oav in the ore-revised scale. Thev will have to remain in that oav till exoirv of the oeriod of reduction. The next increment that will accrue in the revised scale will be sanctioned onlv after exoirv of the remaining oeriod of oenaltv.
4.22 In the terms of reference, it was suggested to look into the anomalies created bv the last Pav Revision, owing to anv undue and unexolainable hike to certain categories of emolovees and to make suggestions to rectifv them. The Commission felt it not orooer to sit on judgment of another Commission's findings. Different Commissions mav have different oerceotions and that has to be resoected. Government have alreadv issued more than 200 rectification orders since the imolementation of the 2009 Pav Revision Order. The word 'anomalv' is a relative term as far Dav scales are concerned. For instance, there will be a number of dissimilar Dosts under a single scale and whenever there is a change in the case of a Dost, the others call it an anomalv. Eauations are made with Dosts that have nothing to do in common. Past histories are due ud to emohasize claims and what not. Virtuallv. there was no claim for hieher Dav which assessed their own work.
4.23 One of the imoediments the Pav Commissions had to face is lack of data to scientifically assess the various Dosts. Each Commission had to deoend on its own wisdom and make assessment on eeneralities of a Dost. IEs exactlv for this reason that claims for anomalies are beine made. There is a Section in Finance DeDartment. called "Pav Research Unit". It is doubtful whether the unit has ever done anv research on Dav. It is high time Data, a to z. of each and everv Dost is collected, analysed and codified into a measurable unit. Data shall comorise Dav scales, workload. Dromotion avenues as Der SDedal Rules, educational and other Qualifications, actual Derformance as a unit and DeDartment etc. New technologies