Fixation of pay of persons transferred to the Dominion of Pakistan after the 16.8.1947
No.F.10(27)-Est (Spl)/48
Government of Inida
Ministry of Finance
New Delhi, the 25 August 1950
From
B.L. Batra, Esquire,
Deputy Secretary to the Government of India
To
The Accountant General, Madras
Subject :- Fixation of pay of persons transferred to the Dominion of Pakistan after the 16th August 1947.
Sir,
With reference to your letter No.T.M. 10-11-677/50-51 dated the 10th July, 1950, on the subject mentioned above, I am directed to say that the recovery of the amounts overdrawn consequent to the issue of the orders contained in paragraph 2 of this Ministry’s office Memorandum No.F.10(27) –Est, (Spl)/48, dated the 28th September, 1948, was waived on account of the practical difficulty and impossibility of recovering the overdrawn amounts from the Pakistan opted staff. The intention is, therefore, that if any amounts are still due to be disbursed to this staff, the overpayments should be sat off against those dues and only the balance of the dues, if any, disbursed. Any dues payable to the Pakistan-opted staff in respect of post partition periods should be calculated on the basis of the pay admissible in the scales of pay that were in force prior to the introduction of the Central Civil Services (Revision of Pay) Rules, 1947. Dearness allowance also should be paid to this staff only at the unrevised rates vi4. The rates that were in force prior to the issue of this Ministry is Office Memorandum No.F.4(4)-Est. (Spl)/47, dated the 29th July, 1947, together forth above, peon Shaik Kalesha may be paid the arrears for the period from the 1st May, 1948 to the 20th May 1948 after deducting the overpayments relating to the period prior to the 1st May, 1948. Attention is also invited in this connection to Ministry of Financo Memorandum No,4(36) Ad(CX)/49, dated the 16th August, 1949, addressed to the collector of Central Excise, Madras, and copy endorsed to you. The cases of other Pakistan-opted employees may also be dealt with on the lines indicated above.
Yours faithfully,
Sd/-
(B.L.Batra)
Deputy Secretary to the Government of India
Source: http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/12-08-1950.pdf
No.F.10(27)-Est. (Spl)/48
Copy with a copy of letter No,TM.10-11-677/50-51, dated the 10th July, 1950, from the Accountant General, Madras, rewarded to the Comptroller & Auditor General of India; all Accountants General and Comptroller, Assam; the Director of Audit, Defence Services; the Director of Railway Audit, Simla; the Deputy Accountants General, Industry & Supply, New Delhi/Bombay/Calcutta and the Deputy Accountant General, Food & Rehabilitation, New Delhi; the Deputy Accountants General under the Accountant General, Posts & Telegraphs and the Deputy Accountant General, Postal Life Insurance, Calcutta. (Ministry of Finance letter No.4(36) Ad(CX)/49, dated the 16th August, 1949, referred to above is of interest only to the Accountant General, Madras.)
By order, etc.,
(B.L.Batra)
Deputy Secretary to the Government of India
Copy of letter No.T.M.10-11-677/50-51, dated the 10th July, 1950, from the Accountant General, Madras, to the Secretary to the Government of India, Ministry of Finance, New Delhi. (Regarding Fixation of pay of persons transferred to the Dominion of Pakistan after the 16th August, 1947.)
I am to invite a reference to paragraph 2 of office Memorandum No.F.10(27)-Estt. (Special) 48, dated 28th September 1948, on the subject cited above, wherein it was stated that a Government servant who exercised provisional option for the rest of India but changed it finally for Pakistan after 15th August 1947 should not be granted any arrears of pay and dearness allowance under the orders issued as a result of the recommendations of the Central Pay Commission even though he might have elected the prescribed scales while in the service of the Dominion of India. In paragraph 3 of the said Memorandum it was also ordered that if any overpayments had been made under the existing orders or under the misapprehension of the existing position the recovery of the amounts overdrawn would be waived.
A case has now come to notice in which a peon, by name Shaik Kalesha, who was working in the Central Excise department, Nellore Circle was relieved on the afternoon of 20.5.1948 on transfer to the Chittagong Central Excise Collectorate, consequent on his changing his option from “India provisional” to “Pakistan final”. He was paid pay and dearness allowance from 1.1.1948 to 30.4.1948 at the rates fixed in the prescribed scale of pay, as he opted the new scales of pay while in service in India. He has not also been paid pay and dearness allowance from 1.5.48 to 20.5.48 by the Central Excise Deptt., Nellore.
In view of the fact that the old scales of pay generally ceased to exist from 16.8.47 (except for pro-1931 entrants) it is considered doubtful whether the statutory right to draw pay in the prescribed scale of pay then in force by those who elected it, was intended to be withdrawn in the Government memo. Dated 28.9.1948 quoted above. However, as it would appear from a reading of paragraph 3 of the Memo that the benefit of the prescribed scale should not be given to final optees to Pakistan, it is presumed that the peon in the case under reference may be allowed to draw pay and dearness allowance from 1.1.48 to 20.5.1948 only in the scale of pay that existed prior to the revision and that the excess amounts drawn and paid on or after 28.9.43 (the date of the office Memo) recovered. The presumption may kindly be confirmed.
I am also to request Government in this connection whether the same principle may be adopted in regulating claims in respect of pay and dearness allowance of Pakistan final optees.