Changing Option under ROPA2009
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September 14, 2012 at 3:13 pm #67878unknownParticipant
Hi,
Members! kindly post how to correct a wrong option of ROPA’ 09 for a teacher.September 14, 2012 at 5:14 pm #74142unknownParticipant*The option once exercised shall be final.
Your H.M. will replace it by filling up a correct new one. If overdrawn or less salary is drawn, it should be adjusted by calculation.If it is signed by the D.I. then it will have to bring to the notice of the D.I.September 16, 2012 at 12:59 pm #74183unknownParticipantDear members, is there any G.O regarding where from excercising of OPTION under ROPA-09 be done particularly in case of Asstt. teachers who joined another school in same scale after resigning one school in between 1.1.06 & 27.2.09.
September 16, 2012 at 2:28 pm #74186unknownParticipantDear Mr. Bhunia,
Only an Asst. Teacher who has been in the service in same school since before 01.01.2006 can exercise the option for date of fixation. Such facility is not available to the teachers who have changed job from one school to another! In his case, the pay in the new school will be fixed under ROPA,2009 on the date of joining that school.This is the provision of original rule. There is no such G.O. which your are searching. No way! A G.O. has no power to change the original rules – it only gives clarifications of rules to remove confusion and, to enable proper applications/implementation of rules.
As far as I know, this is not only true for aided teachers in WB, but also true for all the WB govt. employees and Central Govt. employees who change job through direct recruitment basis, with all the past service benefits. I don’t know about other state govts.
With regards.September 16, 2012 at 3:24 pm #74187unknownParticipantDear Mam, which portion of ROPA-09 rule prompts you to arrive at this decision? If possible kindly mention the article no or upload that article. Thanks in advance.
September 16, 2012 at 3:36 pm #74188unknownParticipant@bithi_dutta
Yes, I agree with you on this issue.
G.O.s are originally administrative instructions in regard to the manner of implementation/operation of Acts or rules. They are not supposed to act as “ultra vires” provisions to any Act or rule. If they are intended to work beyond the limit of original power, they can be challenged in the Court for their legality and propriety.September 16, 2012 at 5:26 pm #74192unknownParticipantOption can’t be changed. But I think it may change in the following processes/condition:-
1) The option may be change in case of pay fixation on ROPA ( Revision of pay rule), But it is impossible in case of ROPA-1970.
2) ROPA-75, ROPA-81,ROPA-90,ROPA-98 , option may change by submission of proposal for change of option to the DSE through School Authority (DSE’s Memo No. 3049/1(20) GA dated 04/12/2006.
3) Before 10 years of superannuation the option may be changed.
** In case of ” nbhunia ” If the concerned DI did not signed on option, then the HM can ready a correct one.( by new option form), but if the sign is done by DI, then it should come to notice the DI. He can make necessary changes or will send to DSE for change of option on above conditions with filled up the information mentioned the above G.O.( G.O. No.535/JS/II/SE dt. 28/11/2007 para ‘B’)
*** change of option after issuing the Pension Payment Order not possible.
**** Mr.Bhunia did not inform the date of joining of new school. Suppose this teacher resigned and joined when the ROPA ’09 is not appeared. This teacher certainly bears his continuation with the pay of pre- scale. The fixation of ROPA ’09 would came to exercise from 01/01/06. If the HM disagree to count his previous service and salary then how and from which time fixed/calculated his salary. The incumbent joint in his new school with continuation after the publication of ROPA’09. And the fixation would be w.e.f.01/01/06. Then why the HM asked to the teacher to fix his benefit from his previous school? After resignation the HM is not response to do so. It is duty of the HM of his new school. He can deny it.September 16, 2012 at 8:34 pm #74198unknownParticipant@mbhunia
I have once again studied your case and come to a different conclusion which goes in your favour. Pls open the old communications from the link below and find my interpretations:
Pay refixation for ROPA 2009September 17, 2012 at 4:59 pm #74218unknownParticipantThere is an Order for West Bengal Govt. employees. I am producing below:-
______________________________________________________________________________________________________________________________________
Government of West Bengal
Finance Department
Audit Branch
No. : 950-F(P) Kolkata, the 4th February, 2011
MEMORANDUM
Pay of the State Government employees on promotion to higher post in the higher scale or promotion to higher scale is fixed on the basis of their option exercised in this regard. Such option, once exercised, is final. Sometimes change in such options becomes necessary for avoiding loss of pay of the concerned employee subsequently. Government in consideration of the financial loss of the concerned employee allows such change in option to avoid his perpetual loss in pay in relaxation of the existing rules with the stipulation that (i) effect of change of option would be notional and actual effect would be given from the date of issue of the order; (ii) overdrawal due to change of option should be recovered. After promulgation of WBS (ROPA) Rules, 2009 the payment of arrear due to change of option is being allowed w.e.f. 01.04.2008 in respect of the cases prior to 01.04.2008. similar decision was taken in respect of payment of arrears for stepping up of pay. A question has been raised regarding payment of arrears w.e.f. the due date for change in option and stepping up of pay.
After careful consideration of the entire matter the undersigned is directed by order of the Governor to say that the Governor has been pleased to take following decisions in this regard.
(1) (a) Change of option for fixation of pay on promotion to higher post in higher scale or promotion to higher scale prior to 01.04.2008 may be allowed to the advantage of the concerned employee but overdrawal due to change of option should be recovered in full and actual effect of change of option would be allowed w.e.f. 01.04.2008;
(b) For similar change of option after 01.04.2008, actual effect will be allowed w.e.f. the date of issue of the order regarding the change of option subject to recovery of the overdrawal as indicated at (a) above.
(c) Change of such option prior to 01.01.1996 will not be allowed if the same involves change in option under subsequent WBS (ROPA) Rules.
(d) Change in option under different WBS (ROPA) Rules will not be allowed except when such change becomes necessary due to order of Court or delayed decision of the Government in upgradation or otherwise in the scale of pay of a post.
(2) For stepping up of pay under the provisions of Rules 55(4) of WBSR, Part-I, and under different WBS (ROPA) Rules –
(a) Actual effect from the date of stepping up of pay shall be allowed in respect of the cases prior to 01.01.2006 upto 31.03.2008 in the unrevised scale of pay under the WBS (ROPA) Rules, 1998;
(b) for cases between 01.01.2006 and 31.03.2008, provisions of Rule 12 of WBS (ROPA) Rules, 2009 in the matter of payment of arrear would apply when stepping up is allowed in the revised scale of pay under Note 5 below Rule 7 of the WBS (ROPA) Rules, 2009;
(c) For cases after 31.03.2008 actual benefits from due date will be allowed after considering the cases under relevant rules.
Sd/- S.K. Chattopadhyay
OSD & Ex-officio Special Secretary
to the Government of West Bengal,
Finance Department.
Source: Finance Department, Government of West BengalSeptember 18, 2012 at 8:08 am #74235unknownParticipant@Dr. Majumdar
Ref: Pay refixation for ROPA 2009
Thank you very much for in-depth analysis of pay rules and necessary rectifications in context of the confusing case of mbhunia, in your communication dated the 19th Sept. The options under Rule-5 and Rule-7 are really confusing! Now it’s clear to me. So, the teachers can have pay fixed in new structure on 01.01.2006 if they were in continuous service on and from 01.01.2006. It does not matter whether or not they have changed schools with past service benefits after 01.01.2006. If they have changed school through SSC after 01.01.2006 they can’t exercise option to continue with old pay in pre-revised scale under ROPA,1998 as per conditions of Rule-5, Explns.-II.
Then, why is the D.I. of the 2nd school of mbhunia telling that fixation of pay done in the 2nd school on and from 01.01.2006 is wrong? Probably, D.I. office is also confused and mess up with options under Rule-5 and Rule-7, which have different applications.
@mbhunia
I am sorry to misguide you. Now it’s ok. -
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