Wednesday, September 29, 2010

We want a fixation benefit for Puducherry Teachers under FR 22 (1)(a)(1)

Sub: Implementation of financial Up gradation under ACPS to the Teacher in the UT Puducherry who were granted senior /Selection Scale –Reg.

Ref:
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.
T.Amirthaganesan,
General Secretary,
Headmasters (Primary,GrI &GrII)Association,
Puducherry
Mob- 09443360007

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