The pay scales of Central Government employees and Maharashtra state government employees have been revised as per recommendations of 6th pay commission. However from the e mails received from the viewers of the blog it appears the departmental officers are not fully aware as to how and when the pay of the employees under suspension is to be revised with the result that the pay of the employees who were not under suspension on 1-1-2006 but suspended thereafter has not been revised and they are being paid the subsistence allowance calculated on the basis of old pay scale. Therefore the following clarification is issued as regards pay revision in case of employees under suspension.
1) In case of an employee who was suspended prior to 1-1-2006 and who is still under suspension, the revision of pay will not be done and he will be continued to draw the subsistence allowance fixed on the basis of his pay in the prerevised pay scale.
2) In case of an employee who was suspended prior to 1-1-2006 and then reinstated after completion of conduct of departmental inquiry, the pay will have to be fixed considering the order passed by the disciplinary as regards the treatment of suspension period and the option of selection of pay scale exercised by him.
3 ) An employee suspended after 1-1-2006 and who is continued to be under suspension, should be allowed to exercise the option of electing the revised pay scale , even if the date by which he is to exercise the option falls during the period of suspension. Such employee is entitled to the benefit of increase in pay, if any, including the arrears in respect of the period from 1-1-2006 to the date of suspension and also in the subsistence allowance (including arrears) consequent to increase in pay.
4) An employee suspended after 1-1-2006 and then reinstated after completion of departmental inquiry against him, should be allowed to exercise the option and his pay should be fixed as per revised pay rules. He should be paid arrears if any for the period from 1-1-2006 to the date of suspension.His pay from the date of reinstatement should be fixed considering the final order imposing penalty passed by the competent authority and also the order regarding treatment of suspension and payment of pay and allowances during the suspension period.
1) In case of an employee who was suspended prior to 1-1-2006 and who is still under suspension, the revision of pay will not be done and he will be continued to draw the subsistence allowance fixed on the basis of his pay in the prerevised pay scale.
2) In case of an employee who was suspended prior to 1-1-2006 and then reinstated after completion of conduct of departmental inquiry, the pay will have to be fixed considering the order passed by the disciplinary as regards the treatment of suspension period and the option of selection of pay scale exercised by him.
3 ) An employee suspended after 1-1-2006 and who is continued to be under suspension, should be allowed to exercise the option of electing the revised pay scale , even if the date by which he is to exercise the option falls during the period of suspension. Such employee is entitled to the benefit of increase in pay, if any, including the arrears in respect of the period from 1-1-2006 to the date of suspension and also in the subsistence allowance (including arrears) consequent to increase in pay.
4) An employee suspended after 1-1-2006 and then reinstated after completion of departmental inquiry against him, should be allowed to exercise the option and his pay should be fixed as per revised pay rules. He should be paid arrears if any for the period from 1-1-2006 to the date of suspension.His pay from the date of reinstatement should be fixed considering the final order imposing penalty passed by the competent authority and also the order regarding treatment of suspension and payment of pay and allowances during the suspension period.
Dear Sir,
ReplyDeleteI need your assistance on the following issue.
I am victim under Major Penalty i.e Dismissal from Service from Income Tax Deptt. Am I entitled for 6th Pay Commission effect benefit to my Subsistence Pay & Allowances as I was Dismissed from Service during Suspension period.
Regards,
B M Jaysing
bmjaysing@gmail.com
Sir, I am a superintendent in central Excise and in suspension.Pl advise whether uniform allowance is admissible in suspension period as we are uniform officer.
ReplyDeleteSir,
ReplyDeleteany latest GR by Maharashtra government on giving subsistence allowance
Sir an employee of the PHE, Govt of Meghalaya, has been suspended wef 12 March 2012 under section 8 of Protection of Children from Sexual Offences Act, 2012 and on the Hon'ble High Court Order the suspension was terminated wef 9th July 2019 but the period under suspension will be finalized after the outcome of the Court's Order. On having reinstated how does one fix his pay as the period under suspension is still treated as on suspension.
ReplyDeleteNO.BUT I WILL EXAMIE THE ISSUE AND TAKE UP WITH GOVERNMENT. THANKS
ReplyDeleteRespected Sir,
ReplyDeleteI am your student for your lectures at CIRT pune I was serving as Inspector of motor vehicles at Beed the entire process of vehicle registration is online.
Due to some online mistakes police arrested me without taking prior permission of state government where as protection is given to serving employee under section 197 of crpc thus police violated rules and regulations and because of which I am till under suspension for the period of more than one year then who will give me justice and reinstate me.