Bogus certificate holder can be sacked: CAT

       A person who obtains a job by submitting a false caste certificate neither has the right to continue in service, nor he deserves sympathy even if he has put in long years in the work, the Central Administrative Tribunal has held.

     "If a person gets appointment on a false caste certificate which is already cancelled by the authorities, then such a person has no right to continue in service. Such a person needs no sympathy or equity from the court on the ground that he has worked for long years," CAT Members S Pandey and M Chibber said.

    The tribunal passed the order on a petition filed by Shiv Kumar, a teacher of Kendriya Vidyalaya, Aligarh challenging his termination from service by the disciplinary authority without affording him an opportunity to defend himself and overlooking 14 years of service rendered by him.

Anomaly in annual increment arising due to the implementation of 6th Central Pay Commission Recommendations

        The point regarding the anomaly relating to Rule 9 of the CCS (RP) Rules, 2008, concerning the date of next increment has been discussed in second Anomaly Committee meeting held on 27th March 2010.According to the Minutes of the meeting, Published by DOP&T on 4th May 2010, the Staff Side reiterated their demand that employees whose date of next increment falls between 1st  February to 1st  June may be given an increment, as a onetime measure, in the pre revised pay scales on 1.1.2006 as has already been done in respect of employees whose next date of increment was 1.1.2006.

       The representatives of the Department of Expenditure stated that it is important to first examine the repercussions of granting an increment w.e.f 1. 1. 2006 in the pre revised pay scale because such a decision may eventually lead to certain other anomalies. After a long discussion, it was agreed that the Official Side would re- examine the matter and either suitable clarification in this regard will be issued before the next meeting of the
National Anomaly Committee or if there is a need, the Department of Expenditure shall discuss the matter again with the representatives of the Staff Side.
      But ,as agreed by the official side,the suitable clarification not been issued till now .

   One of our viewer Ms.Pushpa Malhotra,writes her views regarding Pay anomaly in annual  increment arising due to the implementation of 6th Central Pay Commission Recommendations .

 Dear Sir,

             I like to invite governments kind attention to the minutes of the second meeting of National Anomoly Committee held on 27th March,2010 and like to convey my sincere gratitude as an individual for the concern shown by Govt. representatives and representatives of Staff side in resolving the anomalies out of 6th CPC.

         While discussing the Agenda No.5 (v), the representatives of the Govt. had expressed apprehension that granting an increment w.e.f. 01.01.2006 in pre-revised pay- scale to those employees whose date of next increment falls between 1st  February to 1st  June, as a one time measure may eventually lead to certain anomalies and therefore proposal had to be examined first. In this connection, I would like to submit that by all probabilities, it may not create anomaly because the seniors got this benefit by taking the increment on or before 01.01.2006. However more realistic approach could be to revise the pay on the date of increment / promotion between 01.02.2006 to 01.06.2006 and allow the next increment on 01.07.2006. In this case the employees may forego the arrears for the period from 01.01.2006 till revision of pay as they will draw pre-revised pay till then.

           I hope the official side will came out with an appropriate solution to solve the anomaly. Needful to mention that my increment date was 01.02.2006 and retirement date falls on 31st March. The increment drawn for the period from 01.02.2006 to 30.06.2006, 01.02.2007 to 30.06.2007 and 01.02.2008 to 30.06.2008 in the pre-revised grade have been withdrawn and my arrears were very less than my juniors due to postponement of increment dates. Besides, it will effect my pensionary benefits because my retirement date falls on 31st March, whereas before 6th CPC, the increment date was 1st February i.e. before my retirement and my pension would have fixed after drawal of increment.

            I hope, the Govt. will consider the issue sympathatically and issue necessary orders to settle the anomaly so that we are not put to regular financial loss, including pensionary benefits.

( Pushpa Malhotra )
National Council for Cooperative Training,
Under M/o Agriculture, (Deptt. of Agril. & Coopn.)

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