Fixation of Pay

Anomaly in fixation of pay of Chief Loco Inspectors appointed prior to 01.01.2016 – RBE No. 133/2019

August 26, 2019 by Sony Leave a Comment

Anomaly in fixation of pay of Chief Loco Inspectors in Railways

Anomaly in fixation of pay of Chief Loco Inspectors appointed prior to 01.01.2016 – RBE No. 133/2019

PC-VII/ 143
RBE No.133/2019

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(P&A)II/2017/RS-06

New Delhi, dated 16.08.2019

The General Manager,
AU Indian Railways &
Production Units.

Sub : Anomaly in fixation of pay of Chief Loco Inspectors appointed prior to 01.01.2016 with reference to their juniors appointed after 01.01.2016 and drawing more pay than the seniors.

It has come to the notice of the Board that staff appointed prior to 1.1.2016 as Chief Loco Inspectors in the pre-revised pay structure, whose pay has been fixed in the 7th CPC pay structure for Chief Loco Inspectors under the RS(RP) Rules, 2016, are drawing less pay than their juniors appointed to the Supervisory post after 1.1.2016.

The anomaly has arisen due to the fact that the benefit of pay element granted at the time of promotion of running staff to a stationary post has been granted to the junior in the revised pay structure, whereas, the same benefit granted to the senior is of lesser value as the same has been calculated on pre-revised pay structure.

2. Rule 7(10) of RS(RP) Rules: 2016 contains the provisions for stepping up of pay in case of anomaly in pay fixation between senior and junior employees, subject to certain conditions.

The anomaly in the case of Chief Loco Inspectors has arisen due the benefit of pay element reckoned for fixation of pay on promotion of running staff to a stationary post being granted in pre-revised pay structure or revised pay structure.

3. Therefore, in accordance with Rule 7(10) ofRS(RP) Rules, 2016, it has been decided that the anomaly be resolved by granting stepping up of pay to the seniors at par with the juniors subject to the following conditions:-

(a) Both the junior and the senior Railway servants should belong to the same cadre from which they have been promoted to the higher post and the posts in which they have been promoted should be identical in the same cadre;

(b) The existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw are identical;

(d) The stepping up of pay will be allowed to running staff appointed as Chief Loco Inspectors only in whose cases extant quantum of pay element (at present 30%) is reckoned for pay fixation. The stepping up of pay will not be admissible to the non-running staff appointed as Loco Running Supervisors as in their cases the question of pay element in the running allowance does not arise;

(e) If even in the lower post, revised or pre-revised, the junior was drawing more pay than the senior by virtue of advance increments granted to him or otherwise, stepping up will not be permissible;

(f) In cases where the conditions are not met, stepping up of pay would not be admissible. For instance a Chief Loco Inspector promoted from Loco Pilot (Goods) prior to 1.1.2016 and the junior promoted to Chief Loco Inspector from Loco Pilot (Passenger) or from Loco Pilot (Mail/Express) [i.e. from a different post/cadre] after 1.1 .2016 are not identical and such would not come under the purview of instructions relating to stepping up of pay.

(g) In this connection, it is stated that LP (Goods), LP (Passenger) and LP (M/E) form three different and distinct seniority units and would, therefore, constitute different cadres/posts in the context of clause (a) above as clearly brought out in (f) above.

(h) Stepping up will be allowed only once, the pay so fixed after stepping up will remain unchanged;

(i) The senior shall be entitled to the next increment on completion of his required qualifying service with effect from the date of refixation of pay.

4. This has the approval of the Finance Directorate of the Ministry of Railways.

No.E(P&A)II/2017/RS-06

Joint Director/E(P&A)
Railway Board
New Delhi, dated 16.08.2019

Source: AIRF

7th CPC Pay fixation – Pay fixation of SCS/Non-SCS officers promoted to IAS

March 5, 2019 by Sony Leave a Comment

7th CPC Pay fixation – Pay fixation of SCS/Non-SCS officers promoted to IAS

Pay fixation of SCS/Non-SCS officers promoted to IAS subsequent to the implementation of 7th CPC recommendation

No.2001 5/2/201 5-AIS-JJ
Government of India
Mini stry of Person nel, Public Grievances and Pension
Department of Personnel & Training

New Delhi, dated the 28th February, 2019

To
The Chief Secretaries of all States/UTs

Subject: Pay fixation of SCS/Non-SCS officers promoted to IAS subsequent to the implementation of 7th CPC recommendations-reg.

Sir/Madam,
In supersession of this Department’s letter of even number dated the 7th April , 2017 on the above mentioned subject, I am directed to say that the initial pay of a promoted officer or an officer appointed by selection as the case may be shall be fixed at the stage of the senior scale next above his actual pay. There is no provision of increment at the stage of initial fixation.

2. Rule 5(6) of IAS (Pay) Rules, 2016 provides for the fixation of pay of a Member of Service on promotion to Selection Grade (Level-13) of Pay Matrix by adding one increment in the Level-12 of Pay Matrix and two additional increments in the Level 13 to which he is promoted. Rule 5(5) of IAS (Pay) Rules, 2016 provides that the pay of a member of the Service in the Senior Time Scale shall , on promotion to the Junior Administrative Grad e be fixed in Level 12 of the Pay Matrix.

3. In respect of fixation of pay of officers who were promoted/Selected in IAS through SCS/Non-SCS respectively in Senior Time Scale/Junior Administrative Grade after 01.01.2016, the initial pay shall be fixed in the respective level of the Senior Scale i.e Level 11,12 or 13 based on the year of allotment in the IAS. However, the pay drawn in the State Civil Services will be protected in the concerned Level. An illustration is as under:

Shri X who is drawing pay at Rs. 48920 (Rs.40220 [pay in the pay band + GP Rs.8700] is promoted/selected to IAS on 04.03.2016. He is allotted 2010 batch. The pay on promotion/selection to IAS would be as under:

S. No.	Title	Pay fixation
1.	Last pay drawn by the officer in the State (as on 04.03.2016)	Rs. 48920/-
2.	Date of promotion in IAS	04.03.2016
3.	Year of allotment	2010
4.	Pay fixation in IAS as on 04.03.2016 as over 7th CPC (The officer has the option either to get the pay fixed from the ate of promotion or from the date of annual increment)	Ra. 48920 X 2.57 = 125725. Next stage available at Level 11 is 126300/-
5.	Pay fixed in IAS	Rs. 126300 at Level 11 in the Pay Matrix

4. The pay of IAS officers who were promoted/selected in IAS through SCS/Non-SCS respectively prior to 0 l .0 l.2016 wil1 be converted as per 7th CPC on 01.01.2016 and they shall notionally in the Level of Pay Matrix, in accordance with the length of service as per their allotment year, at the stage of the senior scale. On their actual promotion to JAG/Selection Grade, the pay of these officers will then be fixed as per IAS (Pay) Rules, 2016. That is, the officers will be eligible for two additional increments on their actual promotions to Level 12/ Level 13 after completion of 9/13 years of service in IAS respectively. An Illustration is as under:

Title	Pay Fixation
Date of appointment in IAS	23.2.2015
Year of allotment in IAS	2007
Actual promotion of JAG in IAS as on 01.01.2016	Pay to be re-fixed as under:
Last substantive pay in SCS	Rs. 46100 in PB-4 (37400-67000) + 8700
Pay to be arrived at	As per IAS (Pay) Rules, 2007, after grant of one increment @ 3% pay to be fixed is Rs.47483vin PB-4 with GP 8700
Pay as on 23.2.2015	Rs.47483 in PB-4 + GP 8700
Pay as on 01.01.2016 (as per 7th CPC)	Rs. 47483 x 2.57 = 122032.
Length of Service in IAS in accordance with the allotent year assigned	7 years. As the office has only 7 sever years of residency in IAS, after protection of his pay, he shall be placed at 122600 in Level 11 of the Pay Matrix.
Pay to be reckoned for fixation of pay in JAG	Rs. 122600 Level 11
One increment at the Junior level	126300 at Level 11
Placement after grant of one increment in the lower level.	130400 at Level 2
Two increments at the promoted Level (Level 12)	1st increment = 134300 at Level 12 2nd increment = 138300 at Level 12
Pay to be fixed on actual promotion to JAG in IAS	Rs. 138300 at Level 12

5. The provision contained in part (7) of Schedule-I of IAS (Pay) Rules, 2016, which provides that “Notwithstanding anything contained in these rules, the pay of a promoted officer or an officer appointed by selection, as the case may be, shall not at any time exceed the basic pay which he would have drawn as a direct recruit on that date if he had been appointed to the Indian Administrative Service on the date on which he was appointed to the State Civil Service or in a Gazetted post in the non-State Civil Service, after attaining the age of twenty five years, as the case may be” shall be adhered to.

6. This issues with the approval of the competent authority.
Yours faithfully,

sd/-
(Vasanthi V Babu)
Under Secretary to the Government of India

Fixation of Pay with An Extra Increment under Rule 13 RP Rules – RBE 175/2008

November 22, 2018 by Sony Leave a Comment

Fixation of Pay with An Extra Increment under Rule 13 RP Rules – RBE 175/2008

“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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7th Pay Commission Fixation of Pay on Promotion or MACP

November 22, 2018 by Sony Leave a Comment

7th Pay Commission Fixation of Pay on Promotion or MACP

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…

DoPT Orders on Pay Fixation, Stepping Up and Date of Next Increment
S.NO. /SUBJECT/O.M NO. /DATE	LINK
Stepping up of pay-Consolidated guidelines-reg 4/3/2017-Estt(Pay-I) 26/10/2018	English
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. 13/02/2017-Estt.(Pay-I) 28/08/2018	English Hindi
Guidelines for fixation of pay of candidates working in Public Sector Undertakings etc., recommended for appointment by the Commission by method of recruitment by selection – regarding. No. 12/3/2017-Estt.(PayI) 28/07/2017	English Hindi
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-regarding. No. 13/02/2017Estt.(Pay-I) 27/07/2017	English
Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016. No. 12/2/2016-Estt.(Pay-I) 11/05/2017	English Hindi
Applicability of Central Civil Services (Revised Pay) Rules, 2016 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates. No. 3/3/2016-Estt.(Pay-II) 01/05/2017	English
Applicability of Central Civil Services (Revised Pay) Rules, 2016 to persons re employed in Government Service after retirement and whose pay is debitable to civil estimates. 3/3/2016 estt pay ii 01/05/2017	English
Fixation of pay in case of employees who seek transfer to a lower post under FR 15(a)- Clarification regarding. No. 12/1/2016-Estt(Pay-I) 31/03/2017	English Hindi
Setting up of Anomaly Committee to settle the anomalies arising out of the implementation of the Seventh Pay Commissions recommendations. No. 11/2/2016-JCA 20/02/2017	English

Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side

November 7, 2018 by Sony Leave a Comment

Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side

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 : [email protected]

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