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

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Amendment in Rule-5 of Civilian Defence Service (Revised Pay) Rules, 2016

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS
PAY TECH SECTION
10-A, S.K. BOSE ROAD, KOLKATA 700001

Part.I Office Order No. AT/06

Date: 11/06/2019

To
All CsFA

Subject: Amendment in Rule-5 of Civilian Defence Service (RP) Rules, 2016.

A copy of Gazette Notification (Extraordinary) dated 25.04.2019 on the above subject circulated vide CGDA No.AT/II/ 2701/ Orders-II dated 17/5/19 received through mail, is forwarded herewith for information, guidance and necessary compliance, please.

(Dr. DL Meena)
Deputy Controller of Accounts (Fys)

MINISTRY OF DEFENCE NOTIFICATION

New Delhi, the 25th April, 2019

S.R.O. 08(E).- In exercise of the powers conferred by the proviso to Article 309, and Clause (5) of Article 148 of the Constitution, the President hereby makes the following rules to amend the Civilians in Defence Services (Revised Pay) Rules, 2016, namely :-

(1) These rules may be called the Civilians in Defence Services (Revised Pay) (Amendment) Rules, 2019.

(2) They shall be deemed to have come into force on the 1st day of January, 2016.

In the Civilians in Defence Services (Revised Pay) Rules, 2016,-

(a) in Rule 5, the following amendment be made;

For:
“Provided further that in cases where a government servant has been placed in a higher grade pay or scale b/w I” day of January, 2016 and the date of notification of these rules 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.”

Read as:
“Provided further that in cases where a government servant has been placed in a higher grade pay or scale b/w 1″ day of January, 2016 and the 25″ day of July, 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.”

[F. No. 11(3)/ 2016-D (Civ-D]
DR. M. SUBBARAYAN, Jt. Secy.

Note: The Civilians in Defence Services (Revised Pay) Rules, 2016 were published in the Gazette of India, Extraordinary vide number S.R.O. 11(E), dated 09th August, 2016.

Source: pcafys.nic.in

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Board’s attention is invited towards this federation’s letter of even number dated 2nd April, 2018 (copy enclosed), vide which it was pointed out that, on implementation of new formula, recommended by the VII CPC, rates of Night Duty Allowance get reduced rather than any improvement therein……

AIRF

No.AIRF/405(VII CPC)

Dated: September 17, 2018

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Wrong Analysis and recommendations about NDA under 7th CPC report

Ref.: (i) Report of 7th CPC(Para 8.17.71 to 77) reg. Night Duty Allowance
(ii) RBE No.61/2016(Last NDA Rate of 6th CPC when DA at 125%)
(iii) RBE No.36/2018 No.E(P&A)II-2017/HW-1 dated 08.03.2018

Board’s attention is invited towards this federation’s letter of even number dated 2nd April, 2018 (copy enclosed), vide which it was pointed out that, on implementation of new formula, recommended by the VII CPC, rates of Night Duty Allowance get reduced rather than any improvement therein.

A calculation table was also appended in our letter referred to above, explaining the actual reduction in Night Duty Allowance on implementation of current formula, recommended by the VII CPC, which we are again quoting hereunder for ready reference:-

Rates of Night Duty Allowance, as per 6th CPC formula (mean value of Pay Band + GP) + DA)/215, changed by the 7th CPC, i.e. (Basic Pay + DA)/200, will decline by 20% to 40% from the existing, i.e.

Also rates of the NDA were not declared by the Railway Board on 01.07.2016 and 01.01.2017 as per 6th CPC.

It is, therefore, reiterated that, the issue may be looked into afresh in the light of the foregoing, and improvement in the formula, recommended by the VII CPC, may be done, so that, rates of Night Duty Allowance get improved rather than any reduction therein.

This may kindly be treated as “Most Urgent” as there is serious discontentment brewing among the staff, particularly Running and Traffic Staff and other Safety Categories Staff who have to invariably perform night duty.

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

Source: AIRF

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA

UNSTARRED QUESTION NO: 1652
ANSWERED ON: 27.07.2018

Pay Commission Reports

RAJENDRA AGRAWAL
Will the Minister of FINANCE be pleased to state:-

(a) whether the reports of successive Pay Commissions have been increasing the burden on Government finances/exchequer in partially accepting their recommendations for increase in wages and if so, the details thereof;

(b) whether the last Pay Commission has suggested productivity linked pay hike to the deserving employees to eliminate below average or mediocre performance and if so, the details thereof;

(c) whether such periodic hikes in wages resulting from Pay Commission recommendations trigger similar demands from the State Government/public utility employees, imposing burden on already strained State finances and if so, the details thereof; and

(d) whether the Government is considering an alternative for increasing the salaries and allowances of Central Government employees and pensioners in future instead of forming Pay Commission and if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI P. RADHAKRISHNAN)

(a) The financial impact of the recommendations of the Central Pay Commission, as accepted by the Government, is normally pronounced in the initial year and gradually it tapers off as the growth in the economy picks up and fiscal space is widened. While implementing the recommendations of the last Central Pay Commission, i.e., the Seventh Central Pay Commission, the Government staggered its implementation in two financial years. While the recommendations on pay and pension were implemented with effect from 01.01.2016, the recommendations in respect of allowances after an examination by a Committee have been implemented with effect from 01.07.2017. This has moderated the financial impact of the recommendations. Moreover, unlike the previous 6th Pay Commission, which entailed substantial impact on account of arrears, the impact in the year 2016-17 on account of element of arrears of revised pay and pension on the present occasion of the 7th Central Pay Commission pertained to only 2 months of the previous financial year of 2015-16.

(b) The Seventh Central Pay Commission in Para 5.1.46 of its Report proposed withholding of annual increment in the case of those employees who are not able to meet the benchmark either for Modified Assured Career Progression (MACP) or regular promotion within the first 20 years of their service.

(c) The service conditions of employees of State Governments fall within the exclusive domain of the respective State Governments who are federally independent of the Central Government. Therefore, the concerned State Governments have to independently take a view in the matter.

(d) No such proposal is under consideration of the Government.

Source: http://nfpe.blogspot.com/

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No.IV/NFIR/7 CPC(Imp)/Allowance/2016/Part I

Dated: 25/12/2017

MESSAGE

Dear Brothers/Sisters,

We Will be celebrating New Year Day on January 1, 208 with disappointment and  agony as the Government has done grave injustice by reducing the percentage or various  Allowances and also by not granting the Allowances from 1st January. 2016. Almost all Railway employees in all corners Of Indian Railways have been deprived Of their legitimate Allowances in terms Of percentages existed prior to acceptance Of 7th CPC report.

The Running Staff, Brothers/Sisters, are aware that NFIR has placed cogent case before the Railway Board for hiking Kilometrage rates on the basis of Running Allowance formula and revision of TA rates. Our presentation was admired by the Running Staff. The Railway Board has discussed with NFIR twice on revision of Running Allowance rates and on both the occasions we conveyed the logic for upward revision or mileage rates and also revision of other related Allowances.

It is sad to mention that the decisions reached negotiated settlement concerning various categories of employees are yet to be implemented while we are walking into New Year on 1st January, 2018. As part of celebrations, everyone of us should convey our deep sense Of disappointment and anguish to the Railway Ministry and the Government and at the same time urge the Government to respond to our issues quickly and positively.

Yours fraternally,

sd/-
(Dr. M.Raghavaiah)
General Secretary

Source: NFIR

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CGDA, Ulan Batar Road, Palam, DelhiCantt-110010
No.AN/XIV/14164/7th CPC/corrsp/Vol-II

Dated: 11/10/2017

To
All PCsDA/CsDA/PCof A(Fys) Kolkata

Subject: Clarification regarding pay fixation under 7th CPC for the post of ‘Trainee’ appointed on compassionate grounds.

Reference: This HQrs Circular of even no dated 01/02/2016.

With reference to the above cited circular, Ministry of Finance Dept. of Expenditure to whom the matter was referred has since clarified as under:

“Level -1 of the Pay Matrix introduced on implementation of the 7th CPC Report be the replacement for the pre-revised -IS scale. The pay of those governed by the IS scale may be revised by using the fitment factor of 2.57 for placement in Level -1 in conformity with the Rule 7 of the CCS(RP)Rules 2016. All pre-revised pay stages lower than pre-revised pay of Rs 7000 in the pre-revised -IS scale shall not be considered for determining the benefit of bunching, on the same lines as has been clarified by MoF(DoE)’s OM dated 3.08.2017 on application of the benefit on account of bunching”.

2.This is for your information and necessary action please. All pay fixation cases may be regulated accordingly.

S/d,
(Kavita Garg)
Sr.Dy.CGDA(AN)

Source: CGDA

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No. 14014/2/2009-Estt,D
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 09th October, 2017

OFFICE MEMORANDUM

Sub : Fixation of the pay of the pre-revised pay scale of 1S scale granted to candidates appointed as trainees on compassionate grounds in the Seventh Central Pay Commission (7th CPC) – reg.

The undersigned is directed to invite attention to this Department’s 0.M.No.14014/02/2012-Estt(D) dated 16.01.2013 containing consolidated instructions on the subject of compassionate appointments. With regard to appointment of candidates not immediately meeting the educational standards as trainees these instructions provide as under:-

“In exceptional circumstances Government may consider recruiting persons not immediately meeting the minimum educational standards. Government may engage them as trainees who will be given the regular pay bands and grade pay only on acquiring the minimum qualification prescribed under the recruitment rules. The emoluments of these trainees, during the period of their training and before they are absorbed in the Government as employees, will be governed by the minimum of the – 1S pay band Rs.4440-7440 without any grade pay. In addition, they will be granted all applicable Allowance, like Dearness Allowances, House Rent Allowance and Transport Allowance at the admissible rates. The same shall be calculated on the minimum -IS pay band without any grade pay. The period spent in the -1S pay band by the future recruits will not be counted as service for any purpose as their regular service will start only after they are placed in the pay band PB-1 or Rs.5200-20200 along with grade pay of Rs.1800.”

2. The 7th CPC has not provided any replacement scale for 1S pay, band of Rs.4440- 7440 without any grade pay which is granted to trainees appointed under the scheme for compassionate appointment. The matter was taken up with the Department of Expenditure and it has now been decided by the Government that Level-1 of the Pay Matrix introduced on implementation of the 7th CPC Report be the replacement for the pre-revised- 1S scale. The pay of those governed by the 1S scale may be revised by using the Fitment Factor of 2.57 for placement in Level-1 in conformity with the Rule, 7 of the CCS (RP) Rules, 2016. All pre – revised pay stages lower than pre-revised pay of Rs.7,000 in the pre-revised 1S scale shall not be considered for determining the benefit of bunching, on the same lines as has been clarified by this Department’s 0.M dated 03.08.2017 on application of the benefit on account of bunching.

3. This will be effective from 01.01.2016.

(G.Jayanthi)
Joint Secretary (E-I)

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Item No 1

Anomaly in computation of Minimum Wage

In Para 1.29 of Chapter 1 of the 7th CPC report, the larned Chairman of the Commission Justice Shri AK Mathur has approvingly quoted the following observation their Lordship in the Supreme Court in the case of Bhupendranath Hazarika and Another Vs. State of Assam (SC 2013 (2) Sec.516)

“…….. It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair. Hope for everyone is gloriously precious and that a model employer should not convert it to be deceitful and treacherous by playing a game of chess with their seniority. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness then only the concept of good governance can be concretized. We say no more.”

Naturally the recommendations of the 7th CPC ought to have been in consonance with the spirit of the observations made in Para 1.29, While determining the Minimum Pay (Chapter 4.2). The Commission is on record to state that it shall abide by the formula of Dr WR Aykroyd as amended by Supreme Court in the case of Workmen represented by Secretary Vs. Management of Reptakos Brett and Co. Ltd and Anr. on 31st October, 1991 (Equivalent citations: 1992 AIR 504, 1991 SCR Supl. (2) 129). In its submissions made to the Govt, the Staff Side had pointed out the errors and omissions crept in the computation of Minimum wage and its consequential impact. The Commission’s recommendations in this regard was clearly in violation of what has been stated in para 1.29 (quoted above). We annex for ready reference the extracts from our own submissions pertaining to this issue.

Our submission to Cabinet Secretary on 7th CPC:

“We are not in agreement with the methodology adopted by the 7th CPC in computing the minimum WAGE. We give hereunder briefly the reasons thereof.

The retail prices of the commodities quoted by the Labour bureau is irrational, imaginary and even absurd in respect of certain articles at certain places. The Staff Side had objected to the adoption of those rates in its meeting with the Commission on 9th June, 2015.

The adoption of 12 monthly average of the retail prices is contrary to Dr. Aykroyd formula. Same is the case with the reduction effected by the Commission on housing and social obligation factors. The house rent allowance is not a full compensation of the expenditure incurred by an employee for obtaining an accommodation. Therefore, no reduction on that count in arriving at the minimum wage is permissible. We may cite the minimum wage computation made by the 3rd CPC in this regard. The employees were in receipt of HRA even at that time. But still the 3rd CPC, and rightly so, adopted the 7.5% as the factor for housing. In respect of the addition to be made for children education and social obligation as per the Supreme Court judgement, (25%) the Commission has reduced the percentage to 15% on the specious plea that the employees are separately given children education allowance. The Children education allowance is not a full reimbursement of the expenses one has to incur. After the liberalization of the Education Sector where private parties were allowed to set up universities and colleges, the expenses for education had increased heavily. No concession or allowance is granted to the employees for educating the children beyond the higher secondary levels. The earlier Pay Commission has only tried to compensate a little in the increasing cost of education and that too at the primary level, since even the Governmental institutions had started charging abnormal tuition and other fees.

The website maintained for the Agriculture Ministry depicts the retail prices of commodities which go into the basket of minimum wage computation. Even though the rates quoted by them vary from the real retail prices in the market, it provides a different picture. If one is to take the rates quoted by them for different cities and make an all India average of the prices as on 1.7.2015, it will work out to Rs. 10810. It will result in the computation of the minimum wage of Rs. 19880. Adding 25% for arriving at the MTS scale, it will rise to Rs. 24850. To convert the same as on 1.1.2016, 3% will be added as suggested by the 7th CPC. The final computation will be Rs. 25,596, when rounded off shall be Rs. 26000.

The Andhra Pradesh State Pay Commission in its report has taken the commodity prices at Rs. 9830,- as on 1.7.2013 which works out to a minimum wage of Rs. 18080. The wage of MTS will then be Rs. 22600 as on 1.7.2013. The Corresponding figure for 1.1.2016 shall be Rs. 26758, rounded off to Rs. 27000.

The Staff side had computed the minimum wage as on 1.1.2014 at Rs. 26,000, taking the commodity price at Rs. 11344. The rates were taken on the basis of the actual retail prices in the market as on 1.1.2014 (average prices of 8 Cities in the country) substantiated by the documentary evidence of Cash bill obtained from the concerned vendors. As on 1.12016, the minimum wage work out to Rs. 29339, rounded off to Rs. 30,000.

The 5th CPC adopted the rate of growth in the economy (as reflected in the increase in the per capita net national produce at factor cost) over a period of ten years to arrive at the increase required to be made to arrive at the minimum wage. The per capita NNP at factor cost registered an increase of 65.28% over a period of ten years in 2013-14. If we apply the same percentage to the emoluments (Pay +DA) as on 1.1.2016 (assuming that DA will be 125% as on that date), the minimum wage as on 1.1.2016 for an MTS will have to be Rs. 26030, rounded off to Rs. 27000.

In para 4.2.9 of the report, the Commission has given a table depicting the percentage increase provided by the successive Pay Commissions, according to which the 2nd CPC had made a paltry increase of 14.2%. The 3rd CPC gave a rise of 20.6, 4th 27.6, 5th 31.0 and 6th CPC 54%. While the per centage increase had been in ascending order all along, the 7th CPC has sought to reverse that trend ostensibly for reasons unknown. It was the meager increase of 14% provided for by the 2nd CPC that triggered the volatile situation in the civil service and led to all India strike encompassing all employees which lasted for 5 days in 1960.

In the case of Bank, Insurance and many other Public Sector Undertakings wage revision takes place once in 5 years. In the recently concluded agreement, Bank employees were provided more than 15% increase.

After the implementation of the Pay Commission Report the AP State Employees have been given a wage structure based on a minimum wage for above the level of Central Government employees. In their case also wage revision does take place once in 5 years.

It could be seen from the above that the computation of minimum wage by the 7 CPC is prima facie wrong and computed on untenable premises and incorrect data. The minimum wage therefore requires re-computation and revision. Once the minimum wage gets revised, the fitment formula, the multiplication factor applied for determining the pay levels and the pay matrix itself will have to be consequently revised.”

It could be seen from the above extract that the Minimum Wage as on 1.1.2016 could not have been computed at less than Rs 26000/- and consequently the multiplication factor ought to have been at 3.714. It is, therefore, demanded that the Minimum Wage and multiplication factor may be recomputed and Pay Level and Pay matrix changed in accordance with the revised minimum wage.

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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.13/02/2017-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi Dated 27th July, 2017

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-regarding.

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.

2. In this context, proviso under FR 22(I)(a)(1) inter-alia provides that the Government Servant (other than those appointed on deputation basis to ex-cadre post or on ad-hoc basis or on direct recruitment basis) shall have the option, to be exercised within one month from the date of promotion, to have the pay fixed under this rule from the date of such promotion or to have the pay fixed from the date of accrual of next increment in the scale of the pay in lower grade.

3. After due consideration in this matter, the President is pleased to decide as follows:

(i) FR 22(I)(a)(1) holds good with regard to availability of option clause for pay fixation, to a Government Servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity, who is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules,to another post carrying duties or responsibilities of greater importance than those attaching to the post held by him/her. Such Government Servant may opt to have his/her pay fixed from the Date of his/her Next Increment (either 1st July or 1st January, as the case may be) accruing in the Level of the post from which he/she is promoted, except in cases of appointment on deputation basis to an ex-cadre post or on direct recruitment basis or appointment/promotion on ad-hoc basis.

(ii) In case, consequent upon his/her promotion, the Government Servant opts to his/her pay fixed from the date of his/her next increment (either 1st 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.

(iii) 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 accoun tof 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.

(iv) In such cases where Government Servant opts to have his/her pay fixed from the date of his/her next increment in the Level of the post from which he/she is promoted, the next increment as well as Date of Next Increment (DNI) will be regulated accordingly.

4. It is further reiterated that in order to enable the officials to exercise the option within the time limit prescribed, the option clause for pay fixation on promotion with effect from date of promotion/DNI shall invariably be incorporated in the promotion/appointment order so that there are no cases of delay in exercising the options due to administrative lapse.

5. In so far as their application to the employees belonging to the Indian Audit and Accounts Department is concerned, these orders issue in consultation with the Comptroller &Auditor General of India.

sd/-

(Pushpender Kumar)

Under Secretary to the Government of India

Authority: www.dopt.gov.in

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Based on the recommendations of 7th Central Pay Commission and due consultation and examination by the Empowered Committee of Secretaries and consideration by the Government, the following notifications have been issued and published on the website of Department of Defence:

• Issue of Armed Forces Pay Rules / Regulations, 2017 (for both Officers & JCOs / ORs) dated 3rd May 2017 and amendments thereto dated 6th July 2017 and 14th July 2017 respectively.
• Issue of Non-Combatant (Enrolled) of Air Force Pay Rules, 2017 dated 30th June 2017.
• Issue of Military Nursing Service Pay Rules, 2017 dated 14th July 2017.

Orders for revision of pension / family pension with a multiplication factor of 2.57 to existing pension of pre-2016 retirees Defence Pensioners have been issued and all Pension Disbursing Agencies have implemented the order and released the arrears to pre-2016 Defence pensioners / family pensioners. This information was given by Minister of State for Defence Dr. Subhash Bhamre in a written reply to Shri Arvind Sawant and Shrimati Rekha Verma in Lok Sabha today.

PIB

The post Implementation of 7th Pay Commission Report : PIB appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.