Latest 7th Pay Commission News

MACP Option for Fixation of Pay on Promotion from DNI – Clarification order issued by Railway Board

The ‘one month’ period mentioned in the order, shall be month from the date of issue of  these instructions

Availability of option for fixation of pay on promotion from the Date of  Next Increment (DNI) in the lower post and method of fixation of pay from  DNI, if opted for, in context of RS(RP) Rules, 2016

GOVERNMENT OF INDIA (BHARAT SARKAR)

Ministry of Railways (Rail Mantralaya)

(Railway Board)

PC-VII No.119

File No.PC-VII/2016/I/6/2

RBE No.142/2018

New Delhi, dated 20.09.2018

The General

Managers/CAOs(R),

All Indian Railways & Production Units,

(As per mailing list)

Sub: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of RS(RP) Rules, 2016 — regarding.

Please refer to Board’s letter of even no. dated 31.07-2017 forwarding therewith a copy of Ministry of Personnel, Public Grievances and pensions, Department of Personnel & Training’s (MoPPG&P/DoPT)0M No.13/02/2017-Estt.(Pay) I dated 27.07.2017 regarding guidelines on availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower and method of fixation of pay from DNI, if opted for, in context of CCS(RP) Rules, 2016 for adoption of the same in Railways with espect to RS(RP) Rules, 2016.

2. Now Ministry of personnel, Public Grievances and Pensions, Department of personnel & Training vide their 0M No.13/02/2017-Estt.(Pay-I) dated 28.08.2018 has clarified various aspects of their earlier 0M. The clarifications issued by DoP&T shall be applicable mutatis mutandis in Railways with respect to RS(RP) Rules, 2016.

3. The ‘one month’ period mentioned in the aforesaid 0M of DoP&T dated 28.08.2018 under clarification to point of doubt at Sl No.2 shall be month from the date of issue of these instructions.

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(Jaya Kumar G)

Deputy Director, Pay Commission- VII

Railway Board

Authority: http://www.indianrailways.gov.in/

7th CPC Retirement Benefit and Fixation – Retired on 31.12.2015 – Important Judgement 

Central Administrative Tribunal 

Principal Bench 

New Delhi

OA No.571/2017

Order Reserved on: 13.02.2018

Pronounced on: 17.04.2018

Click Here To Download Judgement

Source : Confederation

DoPT Orders 2018: Allowed to Re-Exercise the Option for Fixation of Pay under FR 22(l)(a)(1)

“Employee shall be allowed to re-exercise/ revise their option for fixation of pay under FR 22(l)(a)(1), within one month from the date of issuance of this OM.”

No.13/02/2017-Estt.( Pay-I)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 28th August, 2018

OFFICE MEMORANDUM

Subject: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016- clarification – regarding.

The undersigned is directed to refer to this Department’s OM of even number dated 27.07.2017, on the subject cited above. Following the issuance of the OM ibid, this Department has received a number of references seeking clarification on various aspects of the OM ibid. The matter has been considered in this Department in consultation with D/o Expenditure and the points of doubt are clarified as under:

3. Hindi Version will follow.

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(Rajeev Bahree)

Under Secretary to the Government of India

Click to view the order

Authority: https://dopt.gov.in

Grant of benefit of pay fixation at time of promotion to Inspector posts

No.20-27/2015-SPB-II

Government of India

Ministry of Communications

Department of Posts

(Personnel Division)

Dak Bhawan, Sansad Marg

New Delhi – 110 001

Dated 20th August, 2018

To

All Head of Circles

All Head of Regions

Subject: Grant of benefit of pay fixation at time of promotion to Inspector posts.

Sir/Madam,

I am directed to say that references from various Circles are being received in Directorate seeking clarification on fixation of pay of the Postal Assistants, who have already been granted benefit of financial upgradation under MACP scheme, on their promotion as Inspector posts on the basis of LDCE. Further, consequent upon upgradation of grade pay of Inspector posts to Rs. 4600/- w.e.f. 01.01.2006, disparity in fixation of pay by different Circles has also been noticed by the Directorate while re-fixing pay of Inspector Posts posted in Directorate to the extent that in similar case some Circles have granted promotional increment to the officials who have been granted financial upgradation under MACPs, while others have not allowed, presumably invoking para 4 of Annexure I to MACP guidelines.

2. The matter has been examined in consultation with Establishment Division of Directorate and it has been decided to convey that lnspector Posts is not in a regular promotional hierarchy of Postal Assistant and they can become Inspector Posts only on attaining merit in Competitive Examination. As such, 3% fitment benefit should be allowed to officials at the time of fixation of pay on promotion to the post of Inspector (Limited Departmental Competitive Examination) even after availing financial upgradation under MACp.

3. This may be brought to notice of all concerned.

Yours faithfully,

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(G.Rajeev)

Director (SPN)

Click to view order

Authority: http://utilities.cept.gov.in

Exercise of Option for Pay Fixation - MoD Orders

Exercising of Option for Fixation of Pay – Finmin Clarification

Ministry of Defence

Department of Defence

D(Civ I)

Subject: Implementation of CCS (RP) Rules, 2016 – Exercising of option for fixation of pay

This is regarding exercising of option for fixation of pay in the revised pay structure in terms of following provisions of CCS (RP) Rules, 2016:

Para 5 Save as otherwise provided in these rules, a Governments servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed.

Provisio 1: Provided that a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increments the existing pay structure or until he vacats his post or ceases to draw pay in the existing pay structure.

Provisio 2: Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, the Government servant may elect switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.

2. Regarding the aforesaid provision, clarification was sought from Ministry of Finance/Dept. of Expenditure on the issue of exercising of option for fixation of pay by the government servants in 6th CPC Pay Structure till their promotion which falls after the date of notification of CCS (RP) Rules, 2016 (i.e. 25.07.2016).

3. Now, MoF(DoE) have issued clarification dated 19.03.2018 (copy enclosed) wherein it has been clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS (RP) Rules, 2016 i.e. 25.07.2016 cannot be exercised as Rule 5 of the said Rules provided for option only for promotion taking place upto 25.07.2016 (date of notification of the said Rules)

4. The clarification guidelines mentioned in para 3 above may please be adhered to.

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(Pawan Kumar)

Under Secretary

Government of India

Ministry of Finance

Department of Expenditure 

(E.III.A Branch)

Reference: Notes at p. 9-10/n of Ministry of Defence (Finance) in its File No. 12012/2/2016-AG/PB read with notes at p. 4-5/n in File No. 2(2)/2017-D(Civ.I)

MOD(Finance) may please refer to their notes at p. 9-10/n in File No.12012/2/2016-AG/PB Seeking clarification of this Department as to exercising of option for fixation of pay by the Government Servants in 6th CPC Pay Structure till their promotion which falls after the date of notification of CCS(RP) Rules 2016 (i.e. 25.7.2016).

2. The above matter has been examined in this Department. It is clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS(RP) Rules 2016 i.e. after 25.7.2016 cannot be exercised, as Rule 5 of the said Rules provides for option only for promotion taking place up to 25.07.2016 (date of notification of the said Rules).

3. This issues with the approval of Joint Secretary (Personnel).

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(Ashok Kumar)

Under Secretary(E.III.A)

Option for Pay Fixation in Revised Pay Scale: Confederation

PERMISSION TO OPT FOR PAY FIXATION IN THE REVISED PAY STRUCTURE ON A DATE AFTER THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016 NOTIFICATION DATED 25.07.2016 DEMAND OF THE JCM NATIONAL COUNCIL STAFF SIDE REJECTED BY GOVERNMENT.

JCM national council, Staff Side, has demanded that under the existing orders the option to come over to revised pay structure from the date of promotion is available only for those employees who are promoted before 25.07.2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on a date after 25.07.2016 (say on 26.07.2016) will be discriminatory. Government has considered the demand and rejected. The following is the reply of the Finance Ministry, Department of Expenditure.

(M. Krishnan)

Secretary General

Confederation

Mob: 09447068125

Email: mkrishnan6854@gmail.com

DEPARTMENT OF EXPENDITURE VIDE OM DATED 30.08.2017

The position on action taken in respect of item regarding permission to opt for pay fixation in the revised pay structure on a date after the issue of CCS (RP) Rules 2016 (notification on 25.07.2016) in the case of employees whose promotion becomes due after 25.07.2016 is given below:

In the said item the staff side has demanded that under the existing orders the option to come over to revised pay scale from the date of promotion is available only for those employees who are promoted before 25.07.2016, the date of notification of CCS (RP) Rules 2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on 26.07.2016 (one day after the date of notification) and afterwards will be discriminatory.

The revised Pay rules contained in CCS (RP) Rules 2016 are effective from 01.01.2016. A person holding a particular post as on 01.01.2016 has an option to come over to revised pay scale applicable to that post either straight away on 01.01.2016 or from a date later than that such an option is clearly mentioned in provisio 1 and provisio 2 of Rule 5. A combined reading of provisio 1 and provisio 2 to Rule 5 provided that a Government Servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.

But, in cases where a Government servant has been placed in a higher grade pay or scale between 01.01.2016 and the date of notification of CCS (RP) Rules 2016 on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation.

Therefore the rules provide while in respect of post held by a Government Servant as on 01.01.2016, the concerned Government Servant may elect to come over to revised pay scale applicable to that post either from 01.01.2016 or from a date later than 01.01.2016, in case he is promoted to a post not held by him on 01.01.2016 on a date later than that, then he can opt to come over to revised pay scale from the date of promotion provided such promotion takes place between 01.01.2016 and the date of notification. Thus the date of notification of the Rules on 25.07.2016 which are effective from 01.01.2016 is the outer limit for option in cases the option is from date of promotion. The similar was the provisions in the Rules pertaining to the 6th CPC in terms of CCs (RP) Rules 2008. This is the fair and time tested rule, as it seeks to allow option in case of promotion during the retrospective effect of the Rules. There has to be outer date and that date is the date of notification of CCS (RP) Rules 2016, which is objective and of fair application. No such objective date beyond 25.07.2016 could be of fair application.

Accordingly it is not possible to agree to the demand of the staff-side.

Source: Confederation

Pay Fixation on Promotion after 1.1.2016 for Defence Personnel

The fixation of pay in case of promotion or upgradation from one Level to another in the revised pay structure shall be made in the following manner:-

(a) One increment shall be given in the Level from which an officer is promoted or upgraded and he shall be placed at a cell equal to the figure so arrived at in the Level of the rank to which promoted or upgraded and, if no such Cell is available in the Level to which promoted or upgraded, he shall be placed at the next higher cell in that Level.

(b) In case of officers receiving Non-Practicing Allowance, their basic pay plus Non Practicing Allowance shall not exceed the average of Basic Pay of the revised scale applicable to the Level 17 and 18 i.e Rs 237500/-.

(c) In case of promotion of an officer from Level 13A to Level 14, increment for promotion shall be calculated on the pay in the Level 13A being drawn immediately prior to promotion and the sum of the pay in the Level 13A plus the amount of increment for promotion plus MSP shall determine the pay in the Level 14 and the figure so arrived at will be located in the next higher Level 14, and is such an identical figure corresponds to any Cell in Level 14, the same shall be the pay in the revised pay structure and if the identical figure is not available in Level 14, the pay in the Pay Matrix shall be fixed at the immediate next higher Cell in Level 14 of the Pay Matrix.

Auth : Para 12(iii) of GoI, MoD Gazette Notification Ser No 12(E) dated 05 May 2017.

KVS Clarification on 7th CPC Pay Fixation

Fixation of Pay under CCS (RP) Rules 2016: Clarification Orders issued by KVS

Kendriya Vidyalaya Sangathan

18, Institutional Area

Shaheed Jeet Singh Marg

New Delhi – 16

Phone No. 011-26523070

F.110239/51/2017/KVS(HQ)/Budget/831

Date:30.11.2017

The Deputy Commissioner/Director

Kendriya Vidyalaya Sangathan

All Regional Offices/ZIETs

Sub: Fixation of pay under CCS (RP) rules 2016: clarification regarding.

Madam/Sir,

Please refer the proviso contained in Rule 5 of CCS (RP) Rules, 2016 vide which a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure subject to other provisions of this rule.

2) In this context, the matter regarding fixation of pay under 7th CPC in respect of those employees promoted between 1st day of January, 2016 and the date of notification of CCS (RP) Rules, 2016 that is 25th July, 2016 and opted to switch over in revised pay structure from the date of next increment after availing the benefit of promotion in pre revised pay structure has been examined by Ministry of Finance, Department of Expenditure. It has since been clarified by the Ministry of Finance Deptt of Expenditure (E.III-A Branch) that the option to switch over to the revised pay structure either on 01.01.2016 or from a later date than 01.01.2016 i.e., on the date of promotion or the date of next increment, is applicable under.-Rule-5 – in case of post held on 01.01.2016. In other words, if the date of next increment on 01.07.2016 for a post held on 01.01.2016 falls after the date of promotion, then the date of next increment for the post held on 01.01.2016 has no relevance for option, as this post is no longer held on the date of next increment. In view of the above, option cannot be exercised from 01.07.2016 to switch over to the revised pay structure in such cases consequent upon the implementation of 7th CPC. Copies of letters issued by the office of CGDA, UIan Batar Road, Plam, Delhi Cantt.-110010 including the one referred to supra are enclosed for ready reference.

It is, therefore, requested that pay fixation cases in terms of 7th CPC may be regulated-accordingly.

Yours faithfully

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(S. Muthusivam)

Deputy Commissioner (Fin.)

Original Copy

Authority: www.kvsangathan.nic.in