“Allow the employees to revise their option once exercised under Rule 6 of the Revised Pay Rules 2016”.

Shiva Gopal Mishra
Secretary

Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E.Mail : nc.jcm.np@gmail.com.

No. NC-JCM-2017/Fin

January 16, 2018

Shri Gyanendra Dev Tripathi,
Jt. Secretary (E)
Department of Personnel & Training,
North Block, New Delhi

Dear Sir,
Kindly refer to the discussion, the Staff Side had with you on 12.1.2018 in the National Anomaly Committee meeting. During the discussion, over the admissibility or otherwise of the anomaly items, incidentally, we had represented to the request made by us to allow the employees to revise their option once exercised under Rule 6 of the Revised Pay Rules 2016. We send herewith copy of our communications sent to the Secretary Expenditure in this regard.

As has been pointed out by us, in our letter cited, the interpretation of the benefit of option had been at variance with consequent loss of emoluments to the employees. The intention of the Rules are often ambiguous. In similar situation both at the time of 5th CPC and 6th CPC on our request the Govt. had been good enough to permit revision of option. In the case of 6th CPC the Notification was issued in 2008 (in September 2008) and the option was allowed to be revised up to 31/12/2010, giving benefit for all employees who were promoted / granted ACP / MACP or granted increment up to 31/12/2010.

We therefore request you to kindly allow revision of option to switch over to 7th CPC pay scales / pay matrix to be exercised within three months of the issuance of the orders permitting such revision.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Source: Confederation

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IMPORTANT 

PERMISSION TO OPT FOR PAY FIXATION ON A DATE AFTER THE DATE OF ISSUE OF CCS (RP) RULES 2016 NOTIFICATION 25.07.2016 IN CASE PROMOTION BECOMES DUE AFTER 25.07.2016 : CONFEDERATION WRITES TO FINANCE MINISTRY FOR CLARIFICATORY ORDERS

No.Confdn/7th CPC/Option/2016-17
10-10-2016

To

Shri.R.K.Chathurvedi,
Joint Secretary to Govt. of India,
Ministry of Finance,
Department of Expenditure
(Implementation Cell),
Room No.124, The Ashok, North Block,
New Delhi 110 001.

Sir,

Sub: Exercising option for pay fixation in the revised 7th CPC Pay Structure, from the date of promotion or from the date of next increment from 01.01.2017  C/o.Officials who are due for promotion/upgradation from Grade Pay 2800 to 4200 during the period from 01.01.2016 to 01.07.2017 . Request clarification and permission to exercise revised option as a one-time measure.

1. As per Rule 5 of CCS (RP) Rules, 2016 the following provisions are notified by Government on 25.07.2016:

Rule 5 : Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next increment 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.

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 (ie. 25.07.2016) 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 as the case may be.

2. As per the above two provisions, a Government servant may elect to continue to draw pay in the existing pay structure until he earns his next or any subsequent increment in the existing (pre-revised) pay structure which implies that in cases where there is no promotion/upgradation between 01.01.2016 to 30.06.2016 (or between 01-01-2016 to 30-06-2017 in the case of subsequent increment on 01-07-2017) option to opt from the date of next increment (01.07.2016) or subsequent increment (01.07.2017) is available, thereby forgoing the arrears from 01.01.2016 to 30-06-2016 (next increment) or upto the date of subsequent increment say, 01.07.2017.

3. Thus, in the case of promotion/upgradation of a Government Servant becoming due before the date of notification ie, 25.07.2016, he should elect to switch over to the revised pay structure from the date of such promotion/upgradation. He has no option to opt for the next increment (becoming due after the date of promotion/upgradation) for fixation of pay in the revised pay structure.

4. Subsequently a clarificatory order is issued by Department of Expenditure (Implementation Cell) on 29th September 2016, which clarified the position further. As per this clarification, in case an employee is promoted or upgraded to the higher pay structure (in the pre-revised pay structure) he may be permitted to exercise revised option to have his pay fixed under the Revised Pay Rules 2016 from the date of such promotion/upgradation or from the date of next increment as per FR-22(i)(a)(i).

5. Thus an official who got promotion/upgradation on 15.07.2016 (in the month of July 2016), can exercise option to fix his pay under Revised Pay Rules, 2016, either from the date of promotion or from the date of next increment ie; on 01.07.2017.

6. Even after issuing the above clarificatory orders, dated 29.09.2016, it is not clear, whether an employee who becomes eligible for promotion/financial upgradation on a date after the date of issue of notification, ie, 25-07-2016, but before the date of next increment ie. 01.07.2017, can exercise option now, for fixation of his Revised Pay as per CCS (RP) Rules, 2016, from the date of promotion or from the date of next increment, ie; 01.07.2017, by forgoing the arrears from 01-01-2016 to date of promotion or 30.06.2017, thus allowing him to draw his pay in the pre-revised pay structure of 6th CPC till the date of promotion or till the date of next increment on 01-07-2017. As per the existing orders, all those employees whose date of promotion/upgradation becomes due after 25.07.2016 should compulsorily opt for pay fixation from 01.01.2016 or 01-07-2016, whereas an employee whose promotion is due in July 2016 ie; before the date of notification (25.07.2016) can opt for next increment date on 01.07.2017 for fixation in the Revised Pay structure under FR-22(i)(a)(i). Since the benefit is extended to a section of employees who were promoted between 01-01-2016 and 25.07.2016 and the same benefit is denied to the rest of the employee who are promoted after 25.07.2016, this is a clear case of discrimination and denial of natural and equitable justice.

7. If the option as above is not allowed, thousands of employees who are due for promotion/financial upgradation from 2800 Grade Pay to 4200 Grade Pay (in the pre-revised pay structure) from a date after the date of notification ie. 25.07.2016, will suffer a recurring loss of Rs.2800 to 3000 per month, throughout their service.

The following illustrations will explain the above facts:

Thus if no option is permissible after 25.07.2016 to fix the pay in the revised scale on the date of promotion ie. 5.12.2016, then by compulsory option from 01.01.2016, the pay will be fixed at 46200 on promotion. If option is permissible after the date of notification to fix the pay in the revised scale on the date of promotion, the pay will be fixed at 49000. The difference is Rs.2,800/-. If option for fixation on next increment on 01.07.2017 is granted, then the difference will increase further.

In view of the above, it is requested that the case may be reviewed judiciously and clarificatory orders may be issued, permitting the employees whose promotion date become due after the date of notification (25.07.2016) also, to exercise option for fixation of their revised pay from the date of promotion/upgradation or from the date of next increment ie. 01.07.2017, as a one time measure, thereby forgoing the entire arrears from 01.01.2016 to date of promotion or date of next increment on 01.07.2017. In other words, they may be permitted to draw their pay in the pre-revised 6th CPC pay structure till the date of promotion or till the date of next increment on 01.07.2017.

Awaiting favourable orders,

Yours faithfully,

M.Krishnan,
Secretary General,
&
Standing Committee Member,
JCM National Council (Staff side).
Mob: 09447068125.

Source : Confederationhq

The post 7th CPC Pay Fixation: Confederation seeks Clarification for Post 2016 Promotee/MACP and One time relaxation in excercise option for retrospectively Promotion/Upgradation appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

(i) Whether XYZ is compelled to opt 7th CPC w.e.f. 01.01.2016 and his pay will be fixed as illustration mentioned in the Rule 13 of CCS (RP) Rules, 2016;

(ii) Whether XYZ may opt 7th CPC w.e.f. 15.03.2016 (date of promotion) and his pay will be fixed under the provisions of FR 22 and thereafter his pay will be revised under CCS (RP) Rules, 2016;

(iii) Whether XYZ may opt 7th CPC w.e.f. 01.07.2016 (date of next increment) and his pay will be fixed under the provision of FR 22.(I)(a)(1) in the pre-revised scale on 15.03.2016 & 01.07.2016 and thereafter his pay will be revised under CCS (RP) Rules, 2016.

(i) Whether XYZ may opt 7th CPC w.e.f. 15.03.2017 (date of financial upgradation) and till then (14.03.2017) he will draw his wages in the existing system of 6th CPC.

With request to take appropriate action.

Source: BPMS

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REF: BPMS/MOD/7th CPC/60(7/3/L)

Dated: 01.10.2016

To,
The Dy Secretary (CP),
Govt of India, Min of Defence,
‘B’ Wing, Sena Bhawan,
New Delhi – 110011

Subject: Seeking of Clarification regarding Option & Pay Fixation in 7th CPC.

Respected Sir,

Part -1

 With due regards, your attention is invited to Para 4.(2) of the Gazette Notification on Resolution (No. 1-2/2016-IC, Dated 25.07.2016) issued by Ministry of Finance (Department of Expenditure) which reads as under:

4. (1) The Pay Matrix, in replacement of the Pay Bands and Grade Pays as in force immediately prior to the notification of this Resolution, shall be as specified in Annexure I in respect of civilian employees.

(2) With regard to fixation of pay of the employee in the new Pay Matrix as on 1st day of January, 2016, the existing pay (Pay in Pay Band plus Grade Pay) in the pre-revised structure as on 31st day of December, 2015 shall be multiplied by a factor of 2.57. The figure so arrived at is to be located in the Level corresponding to employee’s Pay Band and Grade Pay or Pay Scale in the new Pay Matrix. If a Cell identical with the figure so arrived at is available in the appropriate Level, that Cell shall be the revised pay; otherwise the next higher cell in that Level shall be the revised pay of the employee.

(3) After fixation of pay in the appropriate Level as specified in sub-paragraph (2) above, the subsequent increments in the Level shall be at the immediate next Cell in the Level.

Whereas the Rule 7 of the CCS (RP) Rules, 2016 reads as under:

7. Fixation of pay in the revised pay structure:

(1) The pay of a Government servant who elects, or is deemed to have elected under rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2016, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if such lien had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely:-

 (A) in the case of all employees:

 (i) the pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at will be located in that Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix.

 Further, Annexure of Implementation Cell, 7th CPC (O.M. No. 1-5/2016-IC, Dated 29.07.2016) clearly states that the Basic Pay (Pay in the applicable Pay Band plus applicable Grade Pay or basic pay in the applicable scale) in the pre-revised structure as on 01.01.2016 will be multiplied by 2.57.

Point of Doubt No.1: Some of the Local Account offices are saying that as per Para 4.(2) of Resolution, the Basic Pay ( pre-revised Pay in Pay Band plus Grade Pay as on 31.12.2015, not as on 01.01.2016) will be multiplied by 2.57.

Kindly clarify which basic pay will be multiplied by 2.57:

 (a) pre-revised Pay in Pay Band plus Grade Pay as on 31.12.2015
Or
(b) pre-revised Pay in Pay Band plus Grade Pay as on 01.01.2016

 Effect in both conditions may be illustrated below: The pay of an employee “XYZ” was Rs. 12200 in PB-1 plus 2800 GP as on 31.12.2015 and on completion of 10 yrs regular service, he was granted financial upgradation on 01.01.2016 in the Grade pay of 4200. Thus his pre-revised basic pay was become Rs. 12650 in PB-2 plus Rs. 4200 GP as on 01.01.2016.

In such condition, LAO is fixing his pay as under :

(a) Pre – Revised Basic Pay as on 31.12.2015 : 12200 + 2800 = 15000
(b) Amount (a) is multiplied by 2.57 : 15000 x 2.57 = 38550
(c) Revised Pay in Pay Matrix in Level 5 : 39200
(d) Pay after giving one increment in : 40400 Level 5 on 01.01.2016
(e)Pay in upgraded level 6 (GP 4200) : 41100 as on 01.01.2016

As per federation’s interpretation, the fixation will be as under :

(a) Pre-Revised Basic Pay as on 31.12.2015 : 12200 + 2800 = 15000
(b) Pre-Revised Basic Pay as on 01.01.2016 : 12650 + 4200 = 16850 due to fixation benefit under FR 22.(I)(a)(1)
(c) Amount (b) is multiplied by 2.57 : 16850 x 2.57 = 43304
(d) Pay in upgraded level 6 (GP 4200) : 43600 as on 01.01.2016

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