[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.3 D/o Expenditure, M/o Finance

6.3.5 Item No.3/19/ NC-47 – Benefit of proviso to rule 10 CCS(RP) Rules, 2008

Staff Side stated that benefit of Proviso to Rule 10 CCS (RP) Rules, 2008, to those who complete 1 year service at maximum has been sought. It has been stated that there are cases when employees drawing maximum of their Pay Scale complete one year after 01.01.2006 are denied the benefit of next increment in the revised pay structure. The pay may be fixed in the revised pay scale with effect from 01.01.2006 and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006.

Reply of the Official Side:

As per Rule 10 of CCS(RP) Rules, 2008, in the 6th CPC regime, a uniform date of annual increment, viz 1st July of every year has been introduced, under which employees completing six months and above in the revised pay structure as on 1st July would be eligible for increment on 01.07.2006. OM dated 4.7.2014 has also stipulated that the increment on 01.01.2006 shall also be allowed to those who had reached the maximum of the applicable pre­ revised pay scale more than one year before 01.01.2006, and were in receipt of stagnation increment(s), provided the revised pay was fixed on 01.01.2006.

Therefore, the proposal/demand is not in consonance with the 1st Proviso to Rule 10 and the benefit of increment on 01.01.2006 cannot be given in these cases.

This item may be treated as closed.

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Item No. 11/10/NC-46 – A-l Status to Bangalore City

Next Agenda Item of 47th NC(JCM) Meeting
Item No. 11/19/NC-47 – Insisting on non-availability certificate from the Estate officer.

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GOVT. OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

No.PC-VI/2014/IR-N/4

New Delhi, dated 01.04.2015.

General Secretary
National Federation of Indian Railwaymen
3, Chelmsford Road
New Delhi-110055.

Subject: Grant of promotional increment under rule 13 of RS(RP) Rules, 2008 to those promoted to identical Pay Band /Grade Pay shouldering higher responsibilities.

Ref: Item no.1/2014 of PNM.

Sir,

In terms of rule 13 of Railway Services (Revised Pay) Rules, 2008, fixation of pay with one additional increment is admissible in the situations of promotion from one Grade Pay to another. Prior to implementation of above rules, fixation of pay on appointment from one post to another was governed by Rule 1313(FR22)(1)(a)(1)R-II (still in force) which provides for fixation of pay involving additional increment appointment / promotion as per the provisions of Recruitment Rules in the situations involving assumption of duties and responsibilities of greater importance. Further, in terms of Rule 1313 (FR22)(III)R-II appointment in identical pay scale is not to be deemed as a case of assumption of duties and responsibilities of greater importance.

2. Consequent upon implementation of recommendations of 6th CPC there were various situations of appointment to identical Pay in the nominal promotional hierarchy of the employee and such posts could not be merged (in terms of recommendations of 6th CPC envisaging merger of various scales) and the posts continued to be feeder and promotional posts though in same Grade Pay. There was marked assumption of duties and responsibilities of greater importance. Such cases were examined with Ministry of Finance and DOP&T and consequently, as agreed, promotional benefit was extended to certain categories vide Board’s letter No.PC-VI/2011/IC/1 dated 12.9.2013 (copy enclosed).

3. Now there are demands from the Federations for grant of benefit to certain other situations viz;

4. The issue has been examined and it has been observed item wise as under:

Item No.(i) Track Man to Key Man
Item No.(ii) Peon to Record Sorter

Consequent to the implementation of 6th CPCs recommendations, the pre-revised scales of Rs. 2550-3200, Rs. 2610-3540, Rs. 2650-4000 and 2750-4400 in respect of Group ‘D’ posts have been replaced by Revised Pay structure of Pay Band PB I and Grade pay Rs. 1800 and the functions etc of the posts are deemed to have merged. The situation is common to all the erstwhile Group ‘D’ categories. Accordingly the question of fixation of pay under Rule 13 of Revised pay rules does not arise in these specific situations.

Further based on the report of the Committee set up by Board, the category of Track Man/ Keymen etc is now being operated in four Grade unified structure and in such a pay structure benefit is already available on promotion from one Grade Pay to another and there is no issue of non admissibility of fixation of pay under Rule 13 of RS(RP) Rules 2008. (Reference: Board’s letter No 2010/CE-l(Spl)/GNS/15{Pt) dated 17/08/2012) copy enclosed.

Item No. (iii) Sr. ALP to Loco Pilot (Shunting)
Item No. ( v) Sr. Goods Guard to Passenger Guard
Item No. (vi) Sr. Loco Pilot(Shunting) to Loco Pilot (Goods)

In respect of above situations of promotions in the identical scale of pay, consequent to consultation with Ministry of Finance a detailed clarification has been issued to zonal Railways vide Board’s letter No. PCVI/2011/IC/l dated 22/05/2014 (copy enclosed) explaining the detailed background, leading to admissibility of promotional pay fixation and the methodology adopted for fixation of pay on promotion to identical grade pay in different situations, in terms of Board’s letter No.PC-Vl/2011/IC/1 dated 22/05/2014.

Item No.( iv): Commercial Clerk to Enquiry cum Reservation Clerk
Item No. (vii) Station Master to Section Controller.

The above situations are result of lateral movement of employees from one cadre to another on their own volition based on the option furnished by them and not the cases of promotion in their normal hierarchy. As per norms being followed, such situations are not being considered for extension of benefit of fixation of pay under Rule 3 of RS(RP) Rules 2008.

5. Keeping in view above position it is not feasible to agree to the demand.
Encl: As above.

Yours Faithfully

For Secretary/Railway Board

Source: NFIR
[https://drive.google.com/file/d/0B40Q65NF2_7UcDd4R2tMSnd3TGs/view]

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Central Civil Services (Revised Pay) Rules, 2008 – application of the first proviso to Rule 10 in case of those who had been granted stagnation increment(s) in the pre-revised pay scales: FinMin Clarification –

No.F-10/2/2011-E.III (A)
Government of India
Ministry of Finance
Department of Expenditure
E-III(A) Branch

North Block, New Delhi-110 011
Dated the 4th July, 2014.

OFFICE MEMORANDUM

Subject: Central Civil Services (Revised Pay) Rules, 2008 – application of the first proviso to Rule 10 in case of those who had been granted stagnation increment(s) in the pre-revised pay scales

The undersigned is directed to invite a reference to the first proviso to Rule 10 of the CCS (RP) Rules, 2008, which provides that in the case of persons who had been drawing at the maximum of the existing scale for more than a year as on the 1st day of January, 2006, the next increment in the revised pay structure shall be allowed on the 1 st day of January, 2006.

2. Attention is also invited to the Clarification No.5 contained in this Ministry’s OM No.1/1/2008-IC dated 29.1.2009, clarifying that in all cases where a Government Servant has been granted an increment (whether normal annual increment or stagnation increment) after January, 2005, no increment will be allowed on 1.1.2006 at the time of fixation of pay in the revised pay structure.

3. It has now been brought to the notice of this Ministry that the pay of those employees who had reached the maximum of their pre-revised pay scale and had also been granted stagnation increment(s) prior to 1.1.2006 in the applicable pre-revised pay scales, came to be fixed at a lower stage vis-à-vis the employees who had drawn pay at the maximum of the same pre-revised pay for a period of more than one year as on 1.1.2006 and had been allowed one increment in the revised pay scale as on 1.1.2006 as per the first proviso to Rule 10 of the CCS (Revised Pay) Rules, 2008.

4. The matter has been considered and the President is pleased to decide that, in partial modification of this Ministry’s aforesaid OM No.1/1/2008-IC dated 29.1.2009, the increment on 1st January, 2006, as envisaged under the first proviso to Rule 10 of the CCS(RP) Rules, 2008, shall be allowed to those employees also who had reached the maximum of the applicable pre-revised pay scale more than one year before 1.1.2006 and were in receipt of stagnation increment(s) in the applicable pre-revised pay scale as admissible in terms of the orders in vogue prior to 1.1.2006, provided their pay in the revised pay structure was fixed on 1.1.2006 with reference to the same pre-revised pay scale exactly as per the Fitment Table prescribed in this Ministry’s OM No.1/1/2008-IC dated 30th August, 2008.

5. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

6. Hindi version of this Office Memorandum is attached

Sd/-
(Amar Nath Singh)
Deputy Secretary to the Government of India

Source-http://finmin.nic.in/the_ministry/dept_expenditure/notification/misc/CCSrp2008stagnationincrement04072014.pdf

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No.997012/2014-Estt (Pay)
Government of India
Department of Personnel 8; Training
Establishment (Pay) Division

North Block, New Delhi
Dated the.26th June, 2014

CIRCULAR

It is brought to notice that any amendment of Fundamental Rules / Service Rules is required to be made with the approval of President under powers vested by Article 309 of the Constitution. It is clarified that FR  22(l)(a)(1) continues to exist.

2. Similarly, the Rule 2(2)(vii) of CCS (RP) Rules, 2008 has not been deleted as in the case of FR 22(l)(a)(1) above.

3. Hence. the mode of pay fixation as provided for in FR 22(1)(a)(1) continues to apply in respect of cases in the pre-revised scales. Also, the Rule 2(2)(vii) of CCS (RP) Rules 2008 read with OM No.3/13/2008-Estt(Payell) dated 11th November, 2008, continues to apply in cases of pay fixation of reemployed persons.

sd/-
(Mukesh Chaturvedi)
Director (Pay)

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/997012_2014-Estt_Pay.pdf

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No.5/16/2009-CS-11(C)

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rdFloor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003.
Date: 13th January, 2014.

OFFICE MEMORANDUM

Subject: Fixation of Pay of senior PAs in the pre-revised scale of Rs.7450-11500 with the PAs of CSSS promoted between 1.1.2006 to 31.8.2008 —clarification regarding allowing arrears — regarding.

The undersigned is directed to say that references are still being received from Ministries/Departments regarding fixation of pay of senior PAs of CSSS and payment of arrears in the revised pay structure with the PAs of CSSS who were promoted between 1.1.2006 to 31.8.2008. PAs of CSSS promoted between 1.1.2006 to 31.8.2008 were allowed arrears from the date of their promotion as they had come over to the revised pay on the date of their promotion. Seniors to such promotee PAs of CSSS, however, were subsequently allowed stepping up of their pay with reference to these officials and they were not allowed arrears on the ground that the officials with reference to whom they got their pay stepped up were also not entitled to this.

2. The issue of fixation of pay with reference to the pre-revised pay scale of Rs. 7450-11500 and payment of arrears was taken up by Establishment Division of this Department with Department of Expenditure as this amounts to compelling the senior official, who was already serving as PA prior to 1.1,2006 and opted for fixation of his pay under revised pay rules from 1.1.2006 to opt for revised pay structure from the date of stepping up with the junior.

3. It is, therefore, clarified that the senior is entitled to arrears of pay from the date he opted to come over to the Revised Pay Scales tilt the date of stepping up of pay. These will be paid on the basis of pay actually fixed as on 1.1.2006.

sd/-
(Kameshwar Mishra)
Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/16012014.pdf]

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