F. No. 12/2/2017-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated: 5th August, 2020

OFFICE MEMORANDUM

Latest DoPT Orders 2020

Subject: Protection of pay to the Central Government Servant consequent to appointment to a new post in different service or cadre in Central Government, through direct recruitment where either higher duties and responsibilities are involved or not, as the case may be, under FR 22-B(1), in the 7th CPC Scenario – Regarding.

The undersigned is directed to say that consequent to various references
received from Ministries/ Departments on protection of pay under FR 22-B(1), a need has been felt to issue guidelines on the manner of fixation of pay in respect of the Central Government Servant who after technical resignation, is appointed to new post in the different service or cadre in Central Government through direct recruitment where either higher responsibilities are involved or not, as the case may be, in 7th Central Pay Commission scenario.

2. Provisions of FR 22-B(1) inter-alia provide as under :

“P.R. 22-B.(1) Notwithstanding anything contained in these Rules, the
following provisions shall govern the pay of a Government servant who is
appointed as a probationer in another service or cadre, and subsequently
confirmed in that service or cadre –

• (a) during the period of probation, he shall draw pay at the minimum of the time scale or at the probationary stages of the time scale of the service or post, as the case may be:

Provided that if the presumptive pay of the permanent post on which he
holds a lien or would hold a lien had his lien not been suspended, should at
any time be greater than the pay fixed under the clause, he shall draw the
presumptive pay of the permanent;

• (b) on confirmation in the sen/ice or post after the expiry of the period of probation, the pay of the Government servant shall be fixed in the time-scale of the service or post in accordance with the provisions of Rule 22 or Rule 22-C, as the case may be…”

3. Consequent upon the implementation of 7th CPC Report and CCS (RP)
Rules, 2016, the President is pleased to allow protection of pay in the light of the provisions laid down under FR 22-B(1) to Central Government employee who is appointed as probationer in another service or cadre either carrying higher responsibilities or not, as the case may be and subsequently confirmed in that service or cadre, in the manner as illustrated below:

(A) MANNER OF FIXATION OF PAY OF GOVERNMENT SERVANT UNDER
FR 22-B(1) CONSEQUENT TO HIS APPOINTMENT IN LOWER POST
THROUGH DIRECT RECRUITMENT, WHERE HIGHER DUTIES AND
RESPONSIBILITIES ARE NOT INVOLVED

A Central Government Employee on his appointment to a post in lower
Level in different service or cadre in Central Government which does not carry duties and responsibilities of greater importance than those attached to the post held earlier by him on regular basis before such appointment and having a provision of probation period in new post, may during probation draw the presumptive pay of the post held earlier by him on regular basis, if it is higher than the minimum of the Time Scale of the new post. He would also draw annual increments on such presumptive pay. However, it is to be ensured that during probation, presumptive pay should always be greater than the pay of the new post after drawl of increment(s). Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(2).

Protection of Pay in the above manner should not, at any of these stages,
exceed the maximum of the Level of the new post in Pay Matrix.

Illustration

An officer was drawing pay of Rs.78,500 in Cell 6 in Level 11 (with DNI 01.07.2018) before his appointment to a post in Level 10 on 01.04.2018 which does not carry duties and responsibilities of greater importance than those attached to the post held earlier by him before such appointment. There is a provision of 2 years probation period in new post.

Since the first Cell Value in Level 10 (Rs.56,100) is less than the Last Basic
Pay i.e. Rs. 78,500/- in Level 11. Hence during probation, he will draw the
presumptive pay i.e. Rs.78,500/- in Level 11 and would also draw annual
increments according to the pay drawn in his previous post in Level II.

On 01 .04.2018- Rs. 78,500 (Level 11)
On 01 .07.2018- Rs. 80,900 (Level 11)
On 01.07.2019- Rs. 83,300 (Level 11)

On successful completion of his probation period and on confirmation w.e.f. 01.04.2020, the pay of the officer would be fixed under FR 22(l)(a)(2). Since no such Cell of Rs. 83,300/- is available in Level 10, his pay would be fixed at next higher cell i.e. Cell 15 in Level 10 at Rs. 84,900 with next date of increment 01.01.2021.

(B) MANNER OF FIXATION OF PAY OF CENTRAL GOVERNMENT EMPLOYEE UNDER FR 22-B(1) CONSEQUENT TO HIS APPOINTMENT TO A POST IN HIGHER LEVEL THROUGH DIRECT RECRUITMENT, WHERE HIGHER DUTIES AND RESPONSIBILITIES ARE INVOLVED

A Central Government Employee on his appointment to a post in higher level in different service or cadre in Central Government carrying duties and responsibilities of greater importance than those attached to the post held earlier by him on regular basis before such appointment and ha ing a provision of probation period in new post, may during probation draw the presumptive pay of the post held earlier by him on regular basis if it is higher than the minimum of the Time Scale of the new post. He would also draw annual increments on such presumptive pay. However, it is to be ensured that during probation presumptive pay should always be greater than the pay of the new post after drawl of increment(s). Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(1).

Protection of Pay in the above manner should not, at any of these stages,
exceed the maximum of the Level of the new post in Pay Matrix.

Illustration

An officer was drawing pay of Rs.58,600 in Cell 10 of Level 7 before
his appointment on 01.04.2018 in Level 10 (with DNI 01.07.2018) which
carries duties and responsibilities of greater importance than those
attached to the post held earlier by him on regular basis before such
appointment. There is a provision of 2 years probation period in new post.
Since the first Cell Value of Level 10 (Rs. 56,100) is less than the Last Basic
Pay drawn in Cell 10 of Level 7 i.e. Rs. 58,600/-, hence during probation, he will draw the presumptive pay of the post held earlier by him on regular basis and would also draw annual increments in the Level 7 of his previous post as shown below:-

On 01.04.2018- Rs. 58,600 (Level 7)
On 01.07.2018- Rs. 60,400 (Level 7)
On 01.07.2019- Rs. 62,200 (Level 7)

On successful completion of his probation period and on confirmation w.e.f.
01 .04.2020, the pay of the officer would be fixed under FR 22(l)(a)(1) read with Rule 13 of CCS (RP) Rules, 2016. Accordingly, an increment will be added in his pay in Level 7 and his pay will reach at Rs. 64,100/-. Since, there is no cell value equal to Rs. 64,100 available in Level 10, his pay will be fixed in Level 10 in Cell 6 at Rs. 65,000/- with next date of increment 01.01.2021.

(C) MANNER OF FIXATION OF PAY OF CENTRAL GOVERNMENT
EMPLOYEE UNDER FR 22-B(1) CONSEQUENT TO HIS APPOINTMENT TO A POST IN EQUIVALENT LEVEL POST THROUGH DIRECT RECRUITMENT,
WHERE HIGHER DUTIES AND RESPONSIBILITIES ARE NOT INVOLVED

A Central Government Employee on his appointment to a post in Equivalent Level in different service or cadre in Central Government through direct recruitment where higher duties and responsibilities are not involved and
having a provision of probation period in new post, may during probation draw the presumptive pay of the post held earlier by him on regular basis. He would also get his increments on such presumptive pay. On successful completion of his probation, his pay will be fixed under FR 22(l)(a)(2). However, Protection of Pay in the above manner should not, at any of these stages, exceed the maximum of the Level of the new post in Pay Matrix.

Also check: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors

Illustration

An officer was drawing pay of Rs. 58,600 in Cell 10 of Level 7 before
his appointment on 01.04.2018 in the same Level 7 (with DNI 01.07.2018). There is a provision of 2 years probation period in new post.

Since the first Cell Value of Level 7 (Rs. 44,900) is less than the Last Basic
Pay i.e. Rs. 58,600/- in Level 7 drawn by Government Servant, hence during
probation, he will draw the presumptive pay and also get his increments in the same Level of his previous post as shown below:-

On 01.04.2018- Rs. 58,600 (Level 7)
On 01.07.2018- Rs. 60,400 (Level 7)
On 01.07.2019- Rs. 62,200 (Level 7)

On successful completion of his probation period and on confirmation
w.e.f. 01.04.2020, the pay of the officer would be fixed under FR 22(I)(a)(2).
Since no increment would be admissible under FR 22(l)(a)(2), there will be no change in his pay on the date of confirmation i.e. 01.04.2020. Accordingly, his pay in Level 7 on 01 .04.2020 would be Rs. 62,200 (Level 7) with next date of increment on 01.07.2020, as Level remains same.

4. The above mentioned pay protection under FR 22-B(1) will.be available to the Government servant if he holds a lien on his previous permanent post.
5. No stepping up of pay of senior Government servant shall be allowed on the basis of the pay protection granted under FR 22-B(1) to junior Government servants of that particular service/ cadre.
6. This order takes effect from 01 .01 .2016.
7. In their application to the employees of Indian Audit and Accounts
   Department, these orders are issued after consultation with the Comptroller & Auditor General of India, as mandated under Article 148(5) of the Constitution.
8. Hindi version will follow.

(Rajeev Bahree)
Under Secretary to the Government of India

Source: DoPT

The post Protection of pay to the Central Government Servant consequent to appointment to a new post in different service or cadre – 7th CPC DoPT Order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No.11/2/2016-JCA
Government of India
Ministry of Personnel, Public Grievances and pensions
Department of Personnel & Training
JCA Section

*************

North Block, New Delhi
Dated the 16th August, 2016

OFFICE MEMORANDUM

Subject: Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission’s recommendations.

The undersigned is directed to say that it has been decided that Anomaly
Committees should be set up, consisting of representatives of the Officials Side and
the Staff Side to settle the anomalies arising out of the implementation of the 7th Pay Commission’s recommendations, subject to the following conditions, namely:

(1) Definition of Anomaly

Anomaly will include the following cases:

(a) where the Official Side and the Staff Side are of the opinion that any
recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any
reason; and

(b) where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure, as notified vide CCS (RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules”.

(2) Composition:
There will be two levels of Anomaly Committees, National and Departmental,
consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council respectively.

(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry / Department shall be one of the Member of the Departmental Anomaly Committee.

(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Adviser.

(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its  constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.

(6) Cases where there is a dispute about the definition of “anomaly” and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and “Arbitrator” to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.

(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Department level.

(8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately.
All Ministries / Departments are accordingly requested to take urgent action to
set up the Anomaly Committees for settlement of anomalies arising out of
implementation of the 7th Pay Commission’s recommendations, as stipulated above.

(G. Srinivasan)
Deputy Secretary (JCA)

DoPT order

The post Setting up of Anomaly Committee of settle the Anomalies arising out of the implementation of the Seventh Pay Commissions recommendations appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.