“Ministry of Finance and DoP&T and it is clarified that the benefit of fixation of pay in terms of Rule 13 of RS (RP) Rules, 2008 would be admissible in such situations of placement in higher Grade Pay on non-functional basis”

Fixation of pay/ admissibility of increment under Rule 13 of Revised Pay Rules, 2008 in the situation of placement on non-functional basis in higher Pay Band/ Grade Pay

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

S.No. PC-VI/ 391
RBE No. 175/2018

No. PC-VI/2009/I/6/6 Pt.

New Delhi, dated: 12.11.2018

The GMs/ CAOs (R),
All Zonal Railways & Production Units
(As per mailing list)

Sub: Fixation of pay/ admissibility of increment under Rule 13 of Revised Pay Rules, 2008 in the situation of placement on non-functional basis in higher Pay Band/ Grade Pay.

Prior to implementation of recommendations of Sixth Central Pay Commission, fixation of pay of Railway employees on appointment from one post to another was governed by Rule 1313 {FR22(1)(a)(1)} and 1313 {FR22(1)(a)(2)} R-II depending upon whether situation involved assumption of duties and responsibilities of greater importance or otherwise. Rule 13 of Railway Services (Revised Pay) Rules, 2008 governing fixation of pay on promotion on or after 1.1.2006, however, envisage grant of one increment equal to 3% of sum of the pay in the pay band and existing grade pay (to be rounded off to next multiple of 10) in the case of promotion from one grade pay to another in the revised pay structure. Further clarification were issued vide Board’s letter No. PC-VI/2008/I/RSRP/1 dated 11.02.2009 (RBE No. 28/2009).

2. References have been received from some of the Railways/PUs and both staff Federations regarding admissibility of fixation with extra increment in terms of Rule 13 of RS(RP) Rules, 2008 in the situation of placement of Pharmacist (GP Rs. 2800) in GP Rs. 4200 on completion of two years regular service and placement of Private Secretaries Grade I (GP Rs. 4800) in GP Rs. 5400 (PB 2) on completion of 4 years regular service on non-functional basis. The matter has been examined in consultation with Ministry of Finance and DoP&T and it is clarified that the benefit of fixation of pay in terms of Rule 13 of RS (RP) Rules, 2008 would be admissible in such situations of placement in higher Grade Pay on non-functional basis.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Hindi version will follow.

(S. Balachandra Iyer)
Executive Director, Pay Commission-II
Railway Board

Click to View Order

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Office of the Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110 010

No.AT/II/2702/Clar

Dated: 08 March 2017

To
The PCA (Fys)
Kolkata

Subject: Implementation of 7th CPC Recommendation: Fixation of pay on promotion/upgradation after 01.01.2016: Clarification regarding.
Reference: Your office letter No Pay/O/I/7th CPC/Pay fixation dated 16-08-2016 and 06-01-2017.

The issues raised in your office above mentioned letter have been examined and the following is stated:

Sl.No / Point of Doubt / Remarks

Point of Doubt : 1 . Whether FR 22(I) (a) (1) still holds good in its present form with all the attendant conditions or the same has got modified on introduction of 7th CPC pay structure and if yes what is the extent of modification of above FR.

Remarks: In this regard para 15 of CCS (RP) Rules 2016 may be referred to, which states that the provisions of Fundamental Rules shall not save as otherwise provided in ibid CCS (RP) Rules, apply to cases where pay is regulated under CCS (RP), Rules 2016 to the extent they are inconsistent with these rules.

Point of Doubt : 2. Whether in case a Govt servant promoted between the period of 2nd January and 1sst July opts to get his pay fixed from the date of next increment under FR 22 (I) (a) (1), his pay in the revised pay structure will be re-fixed by giving two increments in the lower level, i.e., one annual increment and second on account of promotion, and then placed at a cell in the level of the post to which promoted with DNI on 1st July of next year OR only one increment on date of promotion is to be allowed in the lower level and placed at a cell in the level of promoted post with DNI on 1st January of next year.

Remarks: The issue whether a Govt servant promoted/upgraded between the period of 2nd January and 1st July can opt to get his pay fixed from the date of next increment under FR 22 (I) (a) (1), has been taken up with MoD. Further correspondence in this regard may be awaited.

Point of Doubt : 3. Mr X and Mr Y both were drawing basic pay Rs.10160/- in PB-1 with Grade Pay Rs.2400/- as on 01-01-2016. Their revised pay under 7th CPC becomes Rs.32300/- in Level 4. Mr X was granted MACP in level 5 on 03-06-2016, accordingly his pay has been fixed at Rs.33900/- in level 5. Whereas Mr Y was granted MACP on 02-07-2016 in level 5 entitling him for an annual increment on 01-07-2016 to reach Rs.33300/- and then his pay on account of MACP fixed on 02-07-2016 to reach Rs.34900/-

As such though Mr X is senior to Mr Y and both officials are getting equal pay upto 02-06-2016, after revision of pay under 7th CPC the pay of Mr X becomes less than the pay of Mr Y, thus creating an anomaly.

Remarks: It is viewed that the anomaly has been arisen due to the fact that both the officials have opted to enter the 7th CPC on 01-01-2016. If Mr X opts to enter 7th CPC on the date of his increment. i.e., 01-07-2016, he would get two increments in the lower level of pre-revised structure and then his pay will be revised under 7th CPC to reach at Rs.35900/- as under and the anomaly would not arise. However, as the issue as to whether a Govt servant promoted/upgraded between the period of 2nd January and 1st July can opt to get his pay fixed from the date of next increment under FR 22 (I) (a) (1), has been taken up with MoD, the clarification/guidance from MoD may be awaited.

sd/-
(Vinod Anand)
Sr ACGDA (P&W)

Authority: http://pcafys.nic.in/

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Govt clarified today in Parliament regarding the annual increment for CG Employees and the modification of APAR system for determining Performance Related Pay.

The 7th Central Pay Commission has retained rate of annual increment at 3 percent. The 7th CPC has also recommended withholding of annual increments in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service. These recommendations have been accepted by the Government.

The 7th CPC has observed that it is essential to have a linkage between Departmental Results Framework Documents (RFD) and Annual Appraisal Performance Report (APAR) and has suggested the following modification in the existing APAR system for determining Performance Related Pay:

(i) Alignment of Objectives: The Ministry’s Vision/Mission needs to be translated into a set of strategic objectives for each department and these objectives need to be cascaded by the Department Head to his subordinates and subsequently down the chain.

(ii) Prioritizing Objectives, Assigning Success Indicators and their Weights: Objectives reflected in the APAR should be prioritized and assigned weights along with success indictors or Key Performance Indicators. The Commission recommended 60 percent weight on work output and 40 percent weight on personal attributes, instead of existing 60 percent weight on personal attributes and only 40 percent weight to work output.

(iii) No Ex-ante Agreement: The indicators in the APAR of an officer/staff will need to be discussed and set with the supervisor at the beginning of the year.

(iv) Timelines: The timelines for RFD may be synchronized with the preparation of the APAR so that the targets set under RFD get reflected in individual APARs in a seamless manner.

(v) Online APAR System: The Commission recommended introduction of online APARs system for all Central Government officers/employees.

Source: 90Paisa

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A Department of Para Military Forces has informed its officials that Revision of Pay will be effected from 1st January 2016 only for those who are present on duty on 1st January 2016. If he goes on leave on 1st January 2016, the increased pay will be effected only from the date of which such employee resumes duty and not from the first of January 2016. The message sent for respective Department is given below..

“ As you aware that 7th Pay commission has already submitted their report to Govt of India and same is likely to be accepted soon after observing due formalities. The commission recommends that the date of effect should be 01-01-2016. Rules provides that if a Government servant is away on leave or is availing joining time as on 1st of January 2016 the increased pay will be effected only from the date of which such employee resumes duty and not from the first of January 2016. All Force personnels informed accordingly.”

Hence the Government Servants those who are planning to go on leave to celebrate New Year day or for any other reasons on 1st January 2016, have to re think about their decision. Its Better for them to check with their Departments about the impact on Revision of Pay if they avail leave on 1st January 2016.

Source: http://www.gservants.com/

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Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of CCS (RP) Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade – Fixation of Pay – Regarding

No.F-2-1/2015-E.III (A)
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, the 16th October, 2015

Office Memorandum

Subject: Cases of promotion taking place in the pre-revised pay structure between 1.12006 and the date of notification of CCS(RP) Rules ,2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade- fixation of Regarding.

The undersigned is directed to Say that consequent upon coming into force of the CCS(RP) Rules, 2008, which were notified on 298.2008 but are effective from 1.1.2006, fixation of pay on promotion on or after 1.1,2006 is carried out as per Rule 13 thereof. This Rule is invoked only in cases of promotion frotn one Grade pay to another in the revised pay structure.

2. In terms of Section I of Part-A of the First Schedule of the CCS(RP) Rules, 2008, which provides for revised pay structure in the form of applicable pay Bands and Grades pay corresponding to various pre-revised pay Scales, certain pre-revised pay Scales have been merged in a common Grade pay in the revised pay structure w.e.f. 1.1.2006, In view of this, the posts in those pre-revised pay scales which have been merged in a common Grade pay w.e.f. 1,1.2006, are normally required to be merged even if these posts constituted feeder and promotional grades in the pre-revised pay structure.

3. However, in cases where such merger of feeder and promotional posts in the wake of their come to lie in the Same grade pay has not taken place due to administrative reasons and the posts continue to retain their promotional and feeder character as per the relevant Recruitment Rules, this Ministry issued instructions vide OM 10/2/2011-E.III A dated 7.1.2013 providing for fixation of pay on promotion in such cases under Rule 13 of CCS (RP) Rules, 2008 subject to the conditions laid down therein.

4. Now, instances have been brought to the notice of this Ministry where the feeder and promotional posts have been merged in view of the merger of the pre- revised pay scales applicable to the erstwhile feeder and promotional posts in a common grade/post after the promulgation of CCS(RP) Rules), 2008, due to which the character of posts being promotional and feeder grades as existing during the period from 1.12006 to the date of notification of CCS(RP) Rules, 2008 stood rescinded with retrospective effect from 1.12006 and, consequently, a question has been raised as to whether Rule 13 of CCS(RP) Rules, 2008 may apply for fixation of pay on promotion taking place during the period between 1.1.2006 and the date of notification of the said Rules, when the fixation of pay was actually done as applicable in the event Of promotion in the pre-revised Structure.

5. The matter has been considered in the light of the provisions contained in the OM No. 20020/4/2010-Estt.D dt.13.9.2012 issued by the Department of Personnel & Training, which has been issued in the context of the posts/grades merged in pursuance Of the recommendations of the 6th Central pay Commission. This OM provides, inter-alia, that the Status of a government servant as on 29.8.2008 including those who have earned promotion between 1.12006 and 29.09.2008 will be protected as appointment/promotions are made as per the provisions of the recruitment rules applicable to the post/grade.

6. Accordingly, it has been decided that in cases where promotion took place in the pre-revised pay structure during the period between 1.12006 and the date of notification of CCS(RP) Rules, 2008 when the pre-revised and revised pay scales were different and the posts carried the character of feeder and promotional grades, pay fixation on such promotion Shall be allowed under Rule 13 of the CCS(RP) Rules, 2008, subject to the following conditions:-

(i) The promotion had taken place between 1.1.2006 and the date of notification Of CCS(RP) Rules, 2008 as per the Recruitment Rules then
in vogue, which clearly provided for such posts being promotional grade for the feeder grade from where the promotion took place and where the posts were subsequently merged in a single post/grade consequent upon promulgation of the CCS(RP) Rules, 2008.

(ii) FR. 22 (r) I), which was applicable for fixation Of pay on promotion before promulgation of CCS(RP) Rules, 2008, was invoked for fixation
of pay in these cases in the pre-revised structure during the period between 1.1.2006 and the date of notification of the CCS(RP) Rules 2008.

(iii) The concerned employees had opted to come over to the revised pay structure from a date occurring prior to the date Of notification of CCS(RP) Rules, 2008.

(iv) The concerned Recruitment Rules have been amended subsequently to provide for merger of these grades into a single grade/post.

7. This order applies only in case of promotions carried out in the pre-revised structure durirg 1.1.2006 and the date of notification of CCS(RP) Rules, 2008. Thus, the benefit of Rule 13 of CCS(RP) Rules, 2008 would not apply in Cases of appointment to the post which was in the higher pay scale in the pre-revised pay structure, where such appointment is made after the date of notification of CCS(RP) Rules, 2008.

8. In its application to the employees serving under the Indian Audit and Accounts Department, this order issues with the concurrence Of the office Of CMG.

9. The Hindi Version of this OM is attached.

(Amar Nath Singh)

Deputy Secretary to the Government of India

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