“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

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Methodology of Pay Fixation on Promotion or MACP as per the recommendations of 7th Pay Commission

Central Government employees should be given an option form for fixing pay on promotion or MACP. Prior to implementation of 6th CPC Report, the pay fixation on promotion was governed by provisions of FR 22(I)(a)(1). In 6th CPC context, the first part of FR 22(I)(a)(1) was replaced by Rule 13 of CCS (RP) Rules, 2008.

Similarly, consequent upon implementation of CCS (RP) Rules, 2016 in 7th CPC context, the pay fixation on promotion is regulated by the provisions of Rule 13 of CCS (RP) Rules, 2016. This rule regulates pay fixation on promotion if the same is opted by the employee from the date of promotion itself.

The issue of relevancy of provisions of FR 22(I)(a)(1) as well as the methodology of fixation of pay on promotion to a
post carrying duties and responsibilities of greater importance, of a Government Servant in case he opts for pay fixation from the Date of Next Increment (DNI) has been considered in this Department.

The Government Servant opts to his/her pay fixed from the date of his/her next increment (either 1s July or 1st
January, as the case may be) in the Level of the post from which Government Servant is promoted, then, from the date of promotion till his/her DNI, the Government Servant shall be placed at the next higher cell in the level of the post to which he/she is promoted.

Subsequently, on DNI in the level of the post to which Government Servant is promoted, his//her Pay will be re-fixed and two increments (one accrued on account of annual increment and the second accrued on account of promotion) may be granted in the Level from which the Government Servant is promoted and he/she shall be placed, at a Cell equal to the figure so arrived, in the Level of the post to which he/she is promoted; and if no such Cell is available in the Level to which he/she is promoted, he/she shall be placed at the next higher Cell in that Level.

More relevant orders issued by Department of Personnel Training from time to time. We compiled some important orders for your further reference…

• 7th CPC Promotion : Fixation of Pay on Promotion from the Date of Next Increment Option – Dopt Orders with Illustration
• 7th CPC Pay Fixation Tables: Promoted from Level 1 to 2
• Railway Board notification on available options for fixation of pay on promotion
• 7th CPC Promotion Anomaly : Disadvantage on Promotion from one level to another level in Pay Matrix
• 7th CPC Option Anomaly : Non Grant of Option for Pay Fixation in Revised Pay

Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2018

Dated: November 6, 2018

The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi

Dear Sir,
Sub: Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.

Ref.: MoF(Deptt. of Exp.)’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III (A) dated 16.10.2015

Kindly call for my earlier letter of even number dated 18th January, 2018(copy enclosed), through which your kind attention was drawn towards MoF(Deptt. of Exp.)’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule-13 of CCS(RP) Rules, 2008.

In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation, instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM supra dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010. As they were not aware with the fact that any such benefit of pay fixation under Rule-13 would be extended in future as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015, then they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates promotion/ financial upgradation, as per the option provided vide Deptt of Expenditure’s OM dated 05.07.2010.

Further, as per instruction of Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008 in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008.

However, benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant(RP) Rules, 2008, with effect from the date of promotional/financial upgradation instead of 01.01.2006, by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010 (as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions contained in Deptt. of Expenditure’s OM dated 16.10.2015.

It has also come to our knowledge that, some of the Railways have made a reference on this issue, seeking clarification regarding extending the benefit of the above-mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP)Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this clarification to the Deptt. of Expenditure(Ministry of Finance).

Earlier, in similar cases, whenever Deptt. of Expenditure’s OM brings about a material change in the basis for exercise of option to come over to revised pay structure/unforeseen developments and change of rule in terms of the CCS(Revised Pay) Rules, opportunity to revise their option to come over to revised pay structure has always been given(as it was given through Deptt. of Expenditure’s OM dated 03.11.2013).

Also, it is also is heard that, DoPT is agreed that, re-fixation of pay for merged post under Rule-13 of CCS(RP) Rules-2008, on the basis of Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated-16.10.2015, were unforeseen developments/change of rule. This brings a material change in the basis for exercise of option to come over to the revised pay structure.

Hence, it is very clear that, Deptt. of Expenditure’s OM dated 16.10.2015, brings a material change in the basis for exercise of option to come over to revised pay structure, unforeseen developments and change of rule in terms of the Railway Services(Revised Pay) Rules, 2008. Hence, it is demanded that, opportunity to revise their option to come over to revised pay structure, under the rule of the CCS(RP) Rules, 2008, w.e.f. 01.01.2006, may be given to those employees who are covered under the said letter dated 16.10.2015, as it is more beneficial for them as now.

In view of the above, it is requested that, necessary clarifications in this regard may kindly be communicated to all the Ministries/Departments of the Government of India, so that, aggrieved staff can get an opportunity to re-exercise their option, under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules, 2008, w.e.f. 01.01.2006, and get benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source: http://ncjcmstaffside.com

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