Wednesday, September 29, 2010
1. Letter F.No 12-10/2001-UT-1 dated 29.09.2009 of the Ministry Of HRD, Department of School Education & Literacy,New Delhi.
We are to state that the Department of School Education & Literacy of the Ministry Of HRD ,New Delhi had vide letter cited clarified that the pay of teachers in Senior /Selection Scale ,on grant of ACP shall be fixed with reference to the pay so fixed in the Entry /Senior Grade ,as the case may be and that the fall in pay, if any ,resulted in such fixation may be protected by granting personal pay adjusted future increments.
On calculation on paper there is a heavy monetary loss @5oo/-per month for 5 years from 9.8.99 despite the pay protection.This is nothing but INDIRECT recovery of benefits accrued thro’ a scheme i.e conferment of senior scale. This is totally in violation of the clarification already given at 47 of ACP scheme by DOPT and against the judgment pronounced by Supreme court in Tulsidas (Andrepradesh)case
2. in this connection ,we would like to invite your kind attention that the fixation of pay of Teachers drawing senior scale/selection scale ,on grant of financial l up gradation under ACPS,at the entry scale as on 09.08.1999 would not be consistent with the clarification No.47 under ACPS as the MHRD clarification negates the benefits of Senior /Selection scale enjoyed by the Teachers prior 09.08.1999 under a different scheme.
3. But ,the present clarification issued vide letter cited reiterates the same negation which will be detrimental to the interest of the serving teachers in as much as the proposed fixation of pay under ACPS will be regressive in nature, in as much as the teachers salary will be frozen as on the date of fixation for many years in the name of implementation of the ACP scheme. This cannot be the object of the ACP scheme as it is aimed at Career Progression and not career freeze or career regression
4. In this connection we would like to state that since the ACP scheme is only a switch over from the earlier scheme of senior/Selection scale from 09.08.1999 in view of better prospects under ACP scheme and on the grand that both the scheme of time –bound promotion under the earlier scheme of Senior/Selection Scale regime or ACPS cannot run concurrently, this clarification issued order letter cited of the Department of Education & Literacy does not seem to be consistent with the objectiveof the ACP scheme and therefore ,not in order.
5. We state that when the benefits under senior /selection scale are negated while switching over to the ACP scheme on 09.08.1999 ,the fixation of pay of those teachers on selection scale with reference to pay so fixed in the senior grade (Scale ) as clarified at MHRD/DOPT end would also not be in order ,it seems.
6. As the financial up gradation under ACPS has to be granted in the hierarchy without negating the benefits of scheme enjoyed prior to 09.08.1999 ,we consider that it is necessary that the teachers in the enjoyment of Senior Scale /selection scale have to be allowed the fixation under FR 22 (1) (a) (1) on senior scale and selection scale respectively as on 09.08.1999 as hierarchy promotion is not merely the higher pay scale attached to the promotion post but it is also inclusive of fixation benefit accruing under FR 22 (1) (a) (1) to treat the senior scale and selection scale as first and second financial upgradation under ACP scheme.
7. We would ,therefore, like to interview on the issue in detail , associating the concerned authorities from the DOPT to find a just and lasting solution to the pending vexed issued which is being eagerly awaited by the retiring and retired teachers since 1999.
8. We look forward to your early reply.
Headmasters' (Primary, Gr I & Gr II) Association,
Monday, September 27, 2010
Mari Development Foundation,
Kotri Kabir District,
K K Shukla,
Karawal Nagar, Delhi
M K Sharma,
Delhi Public School,
East of Kailash, New delhi
Pitampura, New Delhi
Janakpuri, New Delhi
TEACHERS’ ASSOCIATION ( REGD. NO. 43 ) PUDUCHERRY
[Affiliated to the Confederation of Puducherry, Govt Employees Associations and School Teachers Federation of India ]
No. 3, 1st cross, Gubert Nagar, Bharathipuram,
Shri Santanu Consul ,
Secretary (P) Division,
Department of Personnel and Training,
We, the teachers of Puducherry U.T. want a clarification from DOPT regarding fixation of pay as it is final in the case of ACP.
Sir, ACP scheme was extended to the school teachers in lieu of the then existing time bound scheme of conferment senior scale /selection scale. Teachers who were drawing senior scale on or after 01-01-1986 were to be considered for grant of ACP wef 9-8-99.
While the fixation of pay on conferment of Senior scale shall be done under FR 22 1 (a) 2, under ACP scheme shall be allowed under FR 22 1 (a) 1 . According to your clarifications any higher grade drawn prior to 9-8-99 under time bound promotion/ in situ promotion need not be withdrawn and it will be a switchover to the ACP Scheme as on 9-8-99.
Pay benefits already drawn up to 9-8-99 in the higher grade are not to be recovered.So the pay actually drawn on 9-8-99 in the Senior scale of pay of Rs. 5500-9000 for a primary school teacher and fixed under FR 22 1 (a) 1 in the same scale of pay of RS. 5500-9000 admissible to the post of H.M. (Pri.)
This is further substantiated by the fact that Primary School Teacher in the Senior scale after 12 years (Rs 5500-9000) getting promotion as Head Master Primary in the identical scale of RS 5500- 9000 is entitled to fixation under FR22 1 (a) 1 as per the clarification letter received from MHRD in LR .no 78/203 –UT-1 dt. 15- 9- 2005, Min. of H.R.D.Deptt. of Secondary and Higher Education, New Delhi.
Directorate of accounts & treasuries ,Puducherry feels that the pay in the entry grade scale of Pri. School Teacher is to be notionally arrived at up to 9-8-99 in the scale of 4500-7000 and fixed under FR 22 1 a 1 in the higher scale of Head master Pri. at Rs 5500. The fall in pay resulting out of such fixation may be protected by granting personal pay to be adjusted against future increments.
As the grant of senior scale and was with a view to attract and retain the talents of the teaching community and boost their morale , the edge granted has to be continued by granting fixation on the senior scale drawn by them.
As the essence and spirit of the ACP scheme is to provide two financial up gradation to the next higher scales of pay with fixation under FR 22 1 a 1 the fixation of pay treating the senior scale as 1st ACP will be depriving the employees of one half of the benefits intended by the ACP i.e. fixation under FR 22 1 (a) 1 .
In view of the position explained above We are to request that clarification orders may kindly be issued to the effect that the benefit of FR 22 1 (a) 1 may be granted on the scale drawn by the teacher as on date of eligibility for ACP.
Without a clarification order from you , thousands of teachers , including hundreds of retired teachers are waiting eagerly for 11 years to implement ACP .We suppose that though the teachers have a clear case ,the jealousy superintends blocking the benefits to the teaching community and we propose series of agitation including, picketing on Teachers Day.
So ,we request you sir .issue a clarification order at an early date and avoid the agitations proposed with pain.
Teachers' Association, Puducherry
1. A C P Scheme is implemented to all central govt employees wef 9-8-99 . Do the teachers of puducherry U.T. eligible or not?
2. Will the senior scale prior to 9-8-99 run concurrently?
3.If not, how to switch over from senior scale to 1st ACP on 9-8-99 ?
4.Both are having identical scale.In senior scale a teacher gets only higher scale and not notional increment as in the cases of regular promotion and insitu promotion. so, while switching over to ACP from senior scale , is not the teacher eligible for the notional increment under FR 22 1 a 1 ?
5.Could the teacher be forfeited the benefits of senior scale prior to 9-8-99 in the name of conferring 1st ACP?
6. ACP scheme is meant to benefit one without promotion above 12 years of service. while conferring ACP would he get loss?
7.Is there any clarification from DOPT ,particularly about teachers.Give the order. 8.Without taking the senior scale (in my case from 20- 2 -90),can we go back to the entry scale and calculate the basic pay upto 9-8-99 and fix ACP?
8.In regular promotion from senior scale PST to HM Primary /TGT,the pay is fixed , though they are identical ,he is fixed in the same scale but with notional increment under FR 22 1 a 1 .Is there any order to reject the same method to fix the pay while switching over to ACP from SENIOR scale?
Sir ,without a clarification from DOPT DELHI,thousands of teachers of puducherry are not implemnted a clear order for 11 years. Bureaucrats of puducherry want only block the implementation. Could u all please help us to get a clarification to this effect?
KGMS Davidpet, Puducherry