Calculation of Salary Under 7th Central Pay Commission
Introduction
Whenever a Job notification is out the first thing we do is go to the salary section and check what is the remuneration for that particular job. In order to apply for that particular job and later put all the effort and hard-work to get selected, is a long and tiring process. If our efforts are not compensated satisfactorily, we might not really like to get into the long time consuming process.
When we go through the salary section we often see words like Pay Scale, Grade Pay, or even level one or two salary and it is common to get confused between these jargons and to know the perfect amount of salary that we are going to receive.
To understand what pay scale, grade pay, various numbers of levels and other technical terms, we first need to know what pay commission is and how it functions.
Pay Commission
The Constitution of India under Article 309 empowers the Parliament and State Government to regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State.
The Pay Commission was established by the Indian government to make recommendations regarding the compensation of central government employees. Since India gained its independence, seven pay commissions have been established to examine and suggest changes to the pay structures of all civil and military employees of the Indian government.
The main objective of these various Pay Commissions was to improve the pay structure of its employees so that they can attract better talent to public service. In this 21st century, the global economy has undergone a vast change and it has seriously impacted the living conditions of the salaried class. The economic value of the salaries paid to them earlier has diminished. The economy has become more and more consumerized. Therefore, to keep the salary structure of the employees viable, it has become necessary to improve the pay structure of their employees so that better, more competent and talented people could be attracted to governance.
In this background, the Seventh Central Pay Commission was constituted and the government framed certain Terms of Reference for this Commission. The salient features of the terms are to examine and review the existing pay structure and to recommend changes in the pay, allowances and other facilities as are desirable and feasible for civil employees as well as for the Defence Forces, having due regard to the historical and traditional parities.
The Ministry of finance vide notification dated 25th July 2016 issued rules for 7th pay commission. The rules include a Schedule which shows categorically what payment has to be made to different positions. The said schedule is called Pay Matrix
For the reference the table is attached below.
Pay Band & Grade Pay
According to the table given above the first column shows the Pay band.
Pay Band is a pay scale according to the pay grades. It is a part of the salary process as it is used to rank different jobs by education, responsibility, location, and other multiple factors. The pay band structure is based on multiple factors and assigned pay grades should correlate with the salary range for the position with a minimum and maximum. Pay Band is used to define the compensation range for certain job profiles.
Here, Pay band is a part of an organized salary compensation plan, program or system. The Central and State Government has defined jobs, pay bands are used to distinguish the level of compensation given to certain ranges of jobs to have fewer levels of pay, alternative career tracks other than management, and barriers to hierarchy to motivate unconventional career moves. For example, entry-level positions might include security guard or karkoon. Those jobs and those of similar levels of responsibility might all be included in a named or numbered pay band that prescribed a range of pay.
The detailed calculation process of salary according to the pay matrix table is given under Rule 7 of the Central Civil Services (Revised Pay) Rules, 2016.
As per Rule 7A(i), the pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at will be located in that Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix.
The detailed table as mentioned in the Rules showing the calculation:
For example if your pay in Pay Band is 5200 (initial pay in pay band) and Grade Pay of 1800 then 5200+1800= 7000, now the said amount of 7000 would be multiplied to 2.57 as mentioned in the Rules. 7000 x 2.57= 17,990 so as per the rules the nearest amount the figure shall be fixed as pay level. Which in this case would be 18000/-.
The basic pay would increase as your experience at that job would increase as specified in vertical cells. For example if you continue to serve in the Basic Pay of 18000/- for 4 years then your basic pay would be 19700/- as mentioned in the table.
Dearness Allowance
However, the basic pay mentioned in the table is not the only amount of remuneration an employee receives. There are catena of benefits and further additions in the salary such as dearness allowance, HRA, TADA.
According to the Notification No. 1/1/2023-E.II(B) from the Ministry of Finance and Department of Expenditure, the Dearness Allowance payable to Central Government employees was enhanced from rate of 38% to 42% of Basic pay with effect from 1st January 2023.
Here, DA would be calculated on the basic salary. For example if your basic salary is of 18,000/- then 42% DA would be of 7,560/-
House Rent Allowance
Apart from that the HRA (House Rent Allowance) is also provided to employees according to their place of duties. Currently cities are classified into three categories as ‘X’ ‘Y’ ‘Z’ on the basis of the population.
According to the Compendium released by the Ministry of Finance and Department of Expenditure in Notification No. 2/4/2022-E.II B, the classification of cities and rates of HRA as per 7th CPC was introduced.
See the table for reference
However, after enhancement of DA from 38% to 42% the HRA would be revised to 27%, 18%, and 9% respectively.
As above calculated the DA on Basic Salary, in the same manner HRA would also be calculated on the Basic Salary. Now considering that the duty of an employee’s Job is at ‘X’ category of city then HRA will be calculated at 27% of basic salary.
Here, continuing with the same example of calculation with a basic salary of 18000/-, the amount of HRA would be 4,840/-
Transport Allowance
After calculation of DA and HRA, Central government employees are also provided with Transport Allowance (TA). After the 7th CPC the revised rates of Transport Allowance were released by the Ministry of Finance and Department of Expenditure in the Notification No. 21/5/2017-EII(B) wherein, a table giving detailed rates were produced.
The same table is reproduced hereinafter.
As mentioned above in the table, all the employees are given Transport Allowance according to their pay level and place of their duties. The list of annexed cities are given in the same Notification No. 21/5/2017-EII(B).
Again, continuing with the same example of calculation with a Basic Salary of 18000/- and assuming place of duty at the city mentioned in the annexure, the rate of Transport Allowance would be 1350/-
Apart from that, DA on TA is also provided as per the ongoing rate of DA. For example, if TA is 1350/- and rate of current DA on basic Salary is 42% then 42% of TA would be added to the calculation of gross salary. Here, DA on TA would be 567/-.
Calculation of Gross Salary
After calculating all the above benefits the Gross Salary is calculated.
Here, after calculating Basic Salary+DA+HRA+TA the gross salary would be 32,317/-
However, the Gross Salary is subject to few deductions such as NPS, Professional Tax, Medical as subject to the rules and directions by the Central Government. After the deductions from the Gross Salary an employee gets the Net Salary on hand.
However, it is pertinent to note that benefits such as HRA and TA are not absolute, these allowances are only admissible if an employee is not provided with a residence by the Central Government or facility of government transport.
Conclusion
Government service is not a contract. It is a status. The employees expect fair treatment from the government. The States should play a role model for the services. The Apex Court in the case of Bhupendra Nath Hazarika and another vs. State of Assam and others (reported in 2013(2)Sec 516) has observed as follows:
“………It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair. Hope for everyone is gloriously precious and that a model employer should not convert it to be deceitful and treacherous by playing a game of chess with their seniority. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness then only the concept of good governance can be concretized. We say no more.”
The consideration while framing Rules and Laws on payment of wages, it should be ensured that employees do not suffer economic hardship so that they can deliver and render the best possible service to the country and make the governance vibrant and effective.
Written by Husain Trivedi Advocate
Understanding the Implications: Wills and General Power of Attorney in Property Ownership
Introduction
The Indian Supreme Court, in a landmark judgement, addressed the critical aspects surrounding Wills and General Power of Attorney (GPA) in property ownership. The case in focus is Ghanshyam v Yogendra Rathi 2023. This article delves into the details of the judgement and the implications it carries for property transactions and disputes in India.
Background of the Case
The Dispute –
Mr. Ghanshyam (Appellant), who owned a property, entered into an Agreement to Sell on 10.04.2002 with Mr. Yogendra Rathi (Respondent) for the sale of the Suit Property. The Respondent provided the entire sale consideration, and on the same day, the Appellant made a will bequeathing the Suit Property to the Respondent. Additionally, the Appellant granted a General Power of Attorney to the Respondent. Although the Respondent took possession of the Suit Property, no sale deed was executed.
Initially, the Respondent allowed the Appellant to occupy a portion of the Suit Property as a licensee for three months. However, after the expiration of this period, the Appellant refused to vacate the Property. Consequently, the Respondent filed a lawsuit against the Appellant, seeking eviction from the Suit Property and recovery of mesne profits. The Respondent based his ownership claim on the Agreement to Sell, General Power of Attorney, possession memorandum, payment receipt of the sale consideration, and a will dated 10.04.2002.
The Appellant argued that the documents presented by the Respondent were manipulated on blank papers. However, no evidence was provided to support this claim. The Appellant did not dispute executing these documents or receiving the sale consideration.
The Legal Journey-
The Trial Court determined that there was no manipulation of the documents and ruled in favor of the Respondent, granting a decree for eviction and recovery of mesne profits. The Appellant then filed a first appeal and subsequently a second appeal before the High Court, both of which were decided in favor of the Respondent. Following these decisions, the Appellant filed an appeal before the Supreme Court.
Supreme Court’s Verdict
- Wills and Property Ownership
– Pre-existing Understanding: Traditionally, Wills have been seen as important documents concerning property succession.
– The Court’s Stand: The Supreme Court clarified that a Will comes into effect only after the death of the testator, and does not confer any right before that. Since a will has no force during the life of the executant, the Appellant’s will did not confer any right upon the Respondent.
2. General Power of Attorney and Property Ownership
– Traditional Practices: In the past, GPA was often used to circumvent registration fees and legal requirements.
– The Court’s Observation: The Court observed that GPA does not confer title and criticized the practice of recognizing GPA as a title document.
Statutory Requirements
The Court emphasized the importance of adhering to statutory laws, specifically referencing Section 54 of the Transfer of Property Act, 1882, which stipulates the necessary execution of a document for the transfer of property.
Impact on Property Transactions
– Clarity in Law: The judgement brings clarity in property transactions, ensuring that only properly executed and registered documents confer ownership.
– Curbing Malpractices: The ruling aims at curbing malpractices in property transactions which often involved the use of GPA as a means to avoid stamp duty and registration charges.
Conclusion
The Supreme Court’s ruling in Ghanshyam v Yogendra Rathi is a significant milestone in property laws in India. By establishing that Wills and GPA do not confer title or ownership rights in immovable property, the judgement brings much-needed clarity to property transactions and underlines the importance of statutory compliance.
Citations:
- Ghanshyam v Yogendra Rathi, 2023 – LiveLaw
- The Transfer of Property Act, 1882 – Section 54
- Transfer of Property Act 1882 – Indian Kanoon
- Supreme Court Judgements – Live Law
Understanding Adverse Possession
Introduction
Adverse possession is a legal concept that allows a person who has unlawfully occupied someone else’s land for a certain period of time to claim legal ownership of that land. In India, this concept has been part of the legal framework for a long time, rooted in the idea that land should not be left vacant and instead be put to judicious use.
Elements of Adverse Possession
To claim adverse possession, the occupier must prove that they have been in continuous, uninterrupted possession of the land for at least 12 years, and that their possession was open, notorious, and hostile to the true owner.
Legal Provisions of Adverse Possession under the Limitation Act, 1963
The law on adverse possession is contained in the Limitation Act, 1963. Article 65, Schedule I prescribes a limitation of 12 years for a suit for possession of immovable property or any interest therein based on title. Article 65 is an independent article applicable to all suits for possession of immovable property based on title, i.e., proprietary title as distinct from possessory title. Article 64 governs suits for possession based on possessory right. 12 years from the date of dispossession is the starting point of limitation under Article 64.
Implications of Section 27 and Articles 111 and 112 of the Limitation Act
Section 27, entitled ‘Extinguishment of right to property’, lays down that where the cause of action exists to file a suit for possession and the suit is not filed within the period of limitation prescribed, then not only does the period of limitation come to an end, but the right based on title or possession, as the case may be, will also be extinguished. As a necessary corollary, the person in adverse possession is enabled to hold on to his possession as against the owner not in possession.
However, the period of limitation is different for public property. For any public street or road that has been encroached upon and no suit has been moved by or on behalf of any local authority for possession, the State would abdicate its right to evict the occupier only after 30 years, as prescribed by Article 111. For property belonging to the state or central governments, the period of limitation for a suit is 30 years. Article 112 extends period of limitation so that any suit on behalf of the State Government is to be filed within 30 years.
Supreme Court Judgments on Adverse Possession
The Supreme Court of India has criticized the law permitting adverse possession in two recent decisions: Hemaji Waghaji v. Bhikhabhai Khengarbhai and State of Haryana v. Mukesh Kumar. In these judgments, the Court emphasized the need to have a fresh look at the legal provisions. The Court described the concept of adverse possession as irrational, illogical, and wholly disproportionate and harsh for the true owner, besides being a means for unjust enrichment for a dishonest person who has illegally taken possession of the property. The Court suggested that the Parliament should seriously consider abolishing ‘bad faith’ adverse possession, which is adverse possession achieved through intentional trespassing.
Conclusion: The Future of Adverse Possession in India
Despite the Supreme Court’s criticism of adverse possession, the Law Commission of India has recommended against enlarging the period of limitation provided under Articles 64, 65, 111, or 112 of the Limitation Act, 1963, which encapsulates the law on adverse possession. The Commission has concluded that there is no justification for introducing any change in the law relating to adverse possession. However, the commission has recommended a minor change to the language of Article 112 of the act in light of the abrogation of Article 370 of the Constitution that granted special status to the erstwhile state of Jammu and Kashmir.
The stance of the Law Commission contrasts with that of the Supreme Court, suggesting that the debate around the concept of adverse possession in India is far from settled. As the law currently stands, the concept continues to play a significant role in land ownership disputes. The future of adverse possession in India thus remains uncertain and is likely to evolve based on further legal developments and societal needs.
This analysis offers an understanding of the current status of the doctrine of adverse possession in India, as discussed in the provided articles, with a focus on the provisions of the Limitation Act, 1963, and recent judgments of the Supreme Court. However, it’s important to note that interpretations and applications of laws can vary based on individual circumstances and additional legal factors not considered here. For a comprehensive understanding of how these laws may apply to a specific situation, you may consult with a legal experts at our firm.
Citations
1. Law Commission Says No Need To Reconsider Law On Adverse Possession; Disagrees With Supreme Court – LiveLaw
2. Adverse possession: Law Commission says it is for benefit of public; Law Ministry members say it enables land mafia – Bar & Bench
Maintainability of Habeas Corpus Petition for seeking Child Custody
Introduction
Habeas Corpus, is a legal remedy originating from Latin, meaning to ‘produce the body.’ Its primary purpose is to safeguard individual liberties and guarantee due process. When it comes to child custody disputes in India, filing Habeas Corpus petitions can serve as an efficacious legal option for parents seeking custody of their child. This article aims to examine the legal ramifications, obstacles, and factors to consider when pursuing Habeas Corpus petitions to obtain child custody in India.
Understanding Habeas Corpus
The writ of Habeas corpus cum causa is a directive that compels the individual responsible for detaining another person to bring that person before the court and provide a legal justification for the confinement. It demands an explanation regarding the grounds and authority under which the person has been held captive. In the event that the court finds no valid legal justifications, it will order the immediate release of the detained individual.
Therefore, the eligible individuals who can seek the writ of habeas corpus include:
- The person who is being unlawfully confined or detained.
- The person who is aware about the potential benefits of the case.
- The person who possesses knowledge about the facts and circumstances of the case and willingly submits an application for the writ of habeas corpus under articles 32 and 226 of the Indian constitution.
Judicial Precedents and Interpretations
The Gujarat High Court recently dismissed a habeas corpus petition filed by a father who sought custody of his children from his wife, who is living separately. The petitioner-father filed a writ of habeas corpus, seeking custody of his minor son and daughter, as his wife had been living separately due to marital discord since December 17, 2022. The petitioner’s counsel argued for his right to the children’s custody.
The division bench of Justice Umesh A. Trivedi and Justice M. K. Thakker held that the petition could not be entertained due to the petitioner’s failure to pursue alternative remedies. The court noted that the petitioner was facing an FIR, along with his family members, for various offenses related to cruelty, hurt, insult, criminal intimidation, and abetment. It highlighted that the habeas corpus petition was filed under the guise of seeking child custody, while the petitioner’s true motive appeared to be avoiding legal consequences.
The court emphasized that the petitioner had not made any effort to seek custody of the children, whether permanent or interim, nor had he pursued visitation rights. It also noted that there was no allegation of unlawful abduction or illegal confinement of the children by the respondent wife. The bench highlighted that the petitioner should have availed himself of other available remedies before resorting to a habeas corpus petition. The court stated that the petitioner had not adopted alternative remedies and had filed the petition as a means of evading legal consequences related to his marital discord and pending criminal charges. The court held that the petition could not be entertained since there was no unlawful abduction or illegal confinement of the children, and the petitioner had not taken steps to seek custody or visitation rights through appropriate legal channels.
However, recently Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law, thus holding Habeous Corpus maintainable in child custody matters when detention of minor by other parent is proved illegal.
Conclusion
Habeas Corpus petitions present an important legal avenue for parents seeking child custody in India. This article has examined the various aspects and challenges involved in filing such petitions, considering both the legal framework and judicial interpretations. While Habeas Corpus remains a vital tool to safeguard individual liberties, it is essential to strike a balance between parental rights and the best interests of the child.
written by Parthvi Patel, United World School of Law
Citation
-
- Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court – LiveLaw
- Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court – LiveLaw
Contempt of Court in India: An Overview of the Act and Its Provisions
Introduction
Contempt of Court refers to any behavior that disrespects or obstructs the functioning of the judiciary. It is classified into two types, civil and criminal contempt, and is punishable under the Contempt of Courts Act, 1971 in India.
History and Establishment of the Contempt of Courts Act
The concept of contempt of court was established in common law and can be traced back to colonial legislation in India. The earliest recorded penalties for contempt were contained in the Regulating Act of 1773, which stated that the newly formed Mayor’s Court of Calcutta would have similar powers to a court of the English King’s Bench to punish persons for contempt. Over time, High Courts established in Bombay, Calcutta, and Madras as courts of record exercised the power of contempt to penalize persons for interfering with the administration of justice.
The Contempt of Courts Act 1926 affirmed the power of High Courts to penalize contempt against subordinate courts as well as against their own judgments and proceedings. This Act was replaced by a new legislation of the same name in 1952, which expanded the power to punish for contempt from High Courts to other courts as well.
The Constitution of India, enacted in 1950, specifically established the Supreme Court of India and High Courts in the states of India as courts of record with the power to punish for acts of contempt. In 1971, the Parliament of India enacted the current legislation governing contempt of courts in India, the Contempt of Courts Act 1971.
Civil and Criminal Contempt
The Contempt of Courts Act 1971 categorizes the offense of contempt into civil and criminal contempt. Civil contempt, as defined in Section 2(b) of the Act, is “wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court”.
Criminal contempt, defined in Section 2(c), includes acts that “scandalize, or tend to scandalize, or lower or tend to lower the authority of, any court”, or “prejudice, or interfere or tend to interfere with, the due course of any judicial proceeding,” or “interfere or tend to interfere with, or obstruct or tend to obstruct, the administration of justice in any other manner”.
Procedure for Trying Cases of Contempt
The procedure for trying cases of contempt of court is outlined in the Contempt of Courts Act 1971. Proceedings can be initiated by courts suo motu, i.e., by themselves, and require a written notice to be sent to the person alleged to have committed contempt to appear before the court. Persons accused of contempt have the right to be heard in their defense, and courts can hear evidence regarding the case as well. Detention in custody is permissible during a trial for contempt.
When contemptuous acts or words are alleged to have occurred outside a courtroom, proceedings for contempt in the High Courts or Supreme Courts can only be carried out with the permission of the relevant law officer. In the case of High Courts, the consent of the State’s Advocate General is required, and in the case of the Supreme Court, the consent of either the Attorney General of India or the Solicitor General of India is required.
Defenses to Charges of Contempt
The Contempt of Courts Act allows three defenses to charges of contempt. It provides an exemption for those who innocently publish or commit acts that would otherwise amount to contempt, if they reasonably believed that there were no ongoing judicial proceedings regarding these acts, or if they reasonably believe that the content of their words or actions did not contain anything contemptuous. The Act also specifically exempts fair and accurate reporting on judicial proceedings, and fair criticism of the judiciary. In 2006, the Contempt of Courts Act 1971 was amended to allow truth as a defense to contempt, provided that the person claiming this defense was acting in public interest.
Punishment for Contempt of Court
Both civil and criminal contempt share the same punishment under the Contempt of Courts Act 1971. Section 12 of the Act allows for a maximum term of imprisonment for six months, and this can be supplemented with a fine of up to ₹2000.
In conclusion, the Contempt of Courts Act, 1971 in India serves as a safeguard for the judiciary against behaviors that disrespect or obstruct its functioning. The Act outlines the procedure for trying cases of contempt, provides defenses to charges of contempt, and sets out the punishment for contempt of court. It plays a crucial role in maintaining the integrity and authority of the courts in India.
Implications for a lawyer for contempt of court
Contempt of court is a serious offence in India and the implications for lawyers held in contempt can be severe. The Supreme Court of India has the power to initiate contempt proceedings against lawyers and can impose penalties that include imprisonment and fines. In addition, the court can suspend or even revoke a lawyer’s license to practice.
For example, in April 2023, a lawyer named Manikandan Vathan Chettiar was held in contempt by the Supreme Court for making scandalous allegations against the judiciary on social media. The court suspended his license to practice for a period of two months, in addition to imposing a fine of ₹2 lakh.
Another high-profile case involved stand-up comedian Kunal Kamra, who was charged with contempt of court over a series of tweets criticizing the Supreme Court. Though not a lawyer, this case demonstrates the seriousness with which the courts regard contemptuous actions and the potential consequences for those found guilty. Kamra was found guilty and sentenced to a term of imprisonment.
The implications for a lawyer’s license to practice, however, can vary depending on the specifics of the case and the decision of the court. Contemptuous behavior could potentially lead to suspension or revocation of the license. This underscores the importance of maintaining respect for the court and the legal process.
Conclusion
The power to hold individuals in contempt of court, including lawyers, is a fundamental aspect of maintaining the integrity of the judicial system in India. Any act of contempt can attract severe penalties, such as fines and imprisonment. For lawyers, contemptuous behavior can have grave implications, including suspension or revocation of their license to practice.
These cases underscore the importance of maintaining respect for the court and the legal process, not only to uphold the dignity of the justice system but also to avoid serious professional consequences. It sends a clear message to all individuals, especially those in the legal profession, that any form of contempt of court will not be tolerated and will be met with appropriate action.
The judiciary, being an institution of great importance and sensitivity, deserves the highest level of respect and decorum. Lawyers, as officers of the court, are expected to exemplify these qualities in their conduct, both inside and outside the courtroom. This serves as a reminder that the license to practice law is a privilege that carries with it certain responsibilities and standards of behavior.
In summary, the implications of contempt of court for a lawyer’s license to practice in India are serious and can potentially disrupt a lawyer’s career. It is therefore crucial for lawyers to be aware of these potential consequences and to conduct themselves with the appropriate respect for the court and the legal process.
Written by Parthvi Patel, student at United World School of Law
