Regarding Anomaly in Fixation of Pay on Promotion: DoP

No.2-13/2014-PAP
Government of India
Ministry of Communications
Department of Posts
[Establishment Division / PAP Section]

Dak Bhawan, Sansad Marg,
New Delhi 110 001
Dated: 27.03.2019

To

All Chief Postmasters General / Postmasters General,
Chief General Manager, BD Directorate / Parcel Directorates / PL1 Directorate,

Director, RAKNPA / GM CEPT / Directors of All PTCs,
Addl. Director General, Army Postal Services, R.N. Puram, New Delhi, 5. All General Managers (Finance) / DAP / DDAP.

Sub: Regarding anomaly in fixation of pay on promotion.

I am directed to forward herewith a copy of order dated 05.09,2018 of the Hon’ble High Court, Jodhpur Bench in DBCWP No. 2810/2014 filed by Shri Ram Swaroop Joshi Vis UOI, & others on the above mentioned subject wherein it has been ordered that:-

“The Tribunal has correctly noted that the anomaly is not on account of promotion but on account of the fixation of pay in the new pay scale.”

You are requested to kindly circulate these orders to all your subordinate offices for information/defending such cases in CAT.

Encl.: As above.

[S.B.Vyavahare]
Asstt.. Director General [ESTT.]

Similar Posts:

• Reimbursement in respect of Newspapers purchased/supplied to officers at their residence
• Clarification on ACP Benefit from GP 4200 to 4600 from 1.1.2006
• Transfer Under Rule 38 Against Vacancies Reported for Filling up Through Direct Recruitment
• Handing of strike situation – contingency plan
• Revised eligibility criteria for engagement to Gramin Dak Sevaks (GDS) posts

Fixation of pay on Non-Functional Upgradation from Level-8 to Level-10 with effect from 08.03.2018 and thereafter with effect from 1st January and 1st July of subsequent years (applicable for Non-Accounts Department Officers)

Fixation of pay on Non-Functional Upgradation from Level-9 to Level-10 with effect from 08.03.2018 and thereafter with effect from 1st January and 1st July of subsequent years (applicable for Non-Accounts Department Officers)

Fixation of pay on Non-Functional Upgradation from Level-8 to Level-10 in respect of Officials officiating in Sr.Scale (Level-11) prior to Grant of NFU : Representative Illustrations

*While fixing the pay in Senior Scale promotional benefit has been as admissible.

** On grant of NFU w.e.f.08.03.2018, pay of the employees shall notionally be fixed in Level-10 at Rs.80000, thereafter the pay in Level-11 will be fixed at 80,900 in Level-11. The provisions of FR 22 (I)(a)(i) ie.Rule 1313(I)(a)(i) of IREC Vol.II would continue to be applicable on grant of NFU.

** In respect of Accounts Department Officiers, similar procedure may be followed for fixation of Pay on grant of Non functional Upgradation from Level-9 to Level-10 in respect of officials officiating in Sr.Scale (Level-11) prior to grant of NFU.

*** If the employee in this illustrations is drawing more pay than that computed due to fixation at Rs.80900, the higher pay of that employee in such circumstances shall be protected as “Personal Pay” till the date it is adjusted by the next increment.

• 7th CPC Pay Fixation Tables: Promoted from Level 1 to 2
• 7th CPC Promotion Anomaly : Disadvantage on Promotion from one level to another level in Pay Matrix
• Pay Fixation on Promotion after 1.1.2016 for Defence Personnel
• Fixation of pay of the employees post of higher Pay level – MACPS
• Clarification regarding Pay fixation on grant of Non-Functional Upgradation to the officers of Organized Group A Services

Check Your Option for fixation as on 1.1.2016 or 1-7-2016

Select Pay According to Your Grade Pay and Check the Option and Arrears Details…

[php snippet=46]

Similar Posts:

• TN 7th CPC Pay Calculator for Regular State Govt Employees
• 7th CPC Pay Fixation Option Calculator
• 7th CPC Option Calculator for Promotion Cases
• 7th CPC Option Calculator for Promotion Cases
• Pay Matrix Calculator for Group ‘B’ Officers

OPTION FOR THE DATE OF MIGRATION TO THE REVISED PAY STRUCTURE

Every existing employee shall be permitted to determine his date of migration to the revised pay structure by choosing any of the following options:

(a) to migrate to the revised pay structure with effect from 1st January 2016; or

(b) to continue in the existing pay structure until the date when his/her next or any subsequent increment falls due or until he/she vacates his/her post or ceases to draw pay in that pay structure and migrate to revised pay structure on such date; or

(c) to migrate to revised pay structure from the date of promotion between 1-1-2016 and the date when the Tamil Nadu Revised Pay Rules, 2017 are notified.

Similar Posts:

• 7th CPC Option Anomaly : Non Grant of Option for Pay Fixation in Revised Pay
• Option for Revising 7th CPC pay on Increment date is Beneficial in Rare cases
• Option for Pay Fixation in Revised Pay Scale: Confederation
• Pay Fixation on Promotion or MACP in 7th CPC – Option Calculation with illustrations
• Download 7th CPC Option form and Conditions to Exercising Option

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/

Similar Posts:

• 7th CPC Pay Fixation Tables: Promoted from Level 1 to 2
• 7th CPC Pay Fixation and Grant of Increment in revised pay structure – Finmin Order on 29 SEP 2016
• 7th CPC Promotion : Fixation of Pay on Promotion from the Date of Next Increment Option – Dopt Orders with Illustration
• 7th CPC Promotion Anomaly : Disadvantage on Promotion from one level to another level in Pay Matrix
• Confusion Continues in Promotion Option after Finance Ministry order