B. LALITHA Vs. ACCOUNTS OFFICER

JUDGEMENT

(1.) THE petitioner was an Assistant Treasury Officer and retired from service on 30.9.2008.

(2.) THE Government, as per G.O.Ms.No.497, Finance (Pay Cell) Department dated 15.9.1998, granted personal pay at the rate of 5% of basic pay as on 1.9.1998 which shall not be altered once fixed as on 1.9.1998 in the event of promotion/reversion and movement to Selection Grade/Special Grade. The only restriction that the Government has imposed is that the personal pay shall not apply to any promotion beyond the scale of pay of Rs.5,500 9000. Further, the Government also clearly pointed out that the personal pay so granted shall be considered as pay for all purposes such as pension, Dearness Allowance, House Rent Allowance and City Compensatory Allowance (CCA).

(3.) BUT , subsequently, the Government in Letter No.8191/PC/99 1 Finance (Pay Cell) Department dated 25.3.1999 issued a clarification that personal pay in the existing scale should not be taken into account to arrive at the stage in the revised scale of pay and consequently where the pay plus personal pay exceeds the pay of next higher stage in the existing scale, their pay is fixed at the lower stage in the revised pay scale.