F.NO. 02-09/2019 – PAP
Ministry of Communications
Department of Posts
[Establishment Division/ P.A.P. Section]

Dak Bhawan, Sansad Marg,
New Delhi -110001
Dated: 08.04.2021

To
The Chief Post Master General,
AP Circle,
Vijayawada – 520013.

Sub: CCS (RP) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure, Clarification sought on DoE OM dated 12.12.2018 – regarding.

Kindly refer your office letter AC II/ Pen/VJA/ Corr/Vol.11/2018 dated 04.05.2020 seeking clarifications on Department of Expenditure OM 4-13/17-IC/E-II A dated 12.12.2018, providing an opportunity to government servants for revision of option to come over to the revised pay structure as notified in CCS (RP) rules 2016.

2. DoE OM dated 04.05.2020, permitted another opportunity to Central Government employees who have already exercised their option to come over to the revised pay structure as notified by CCS (RP) 2016 to revise their initial option in terms of Rule 5 & 6 thereof. The provisos of Rule 5 of RP rules 2016 are self-explanatory: Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next 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 and for those Government Servants who has been placed in a higher grade pay or scale between 1st 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, with explanation 1 under Rule 5 as the option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.

CCS (RP) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure

DoP – Opportunity to revision of option to come over to CCS (RP) Rules 2016

3. On the foregoing facts it is hereby clarified that DoE OM 12.12.2018 permits employees who have already exercised option to come over to the revised pay structure or to retain the old pay structure from 01.01.2016 till the date of issue of OM, to revise their initial option in terms of Rule 5 & 6 thereof.

4. Hence it is requested to settle the grievances of officials/ officers on the subject matter at your end on the basis of above clarification.

5. This issues with the approval of competent authority.

(D. K. Tripathi)
Assistant Director General (Estt.)

The post Opportunity to central govt employees for revision of option to come over to the revised pay structure in CCS (RP) rules 2016 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Bharatiya Pratiraksha Mazdoor Sangh
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
An Industrial unit of B.M.S
Recognised by Ministry of Defence, Govt of India

REF: BPMS / MOD / Pay Fixation / 60 (7/3/L)

Dated: 20.07.2020

To,

The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Notional pay fixation after currency of Minor penalty is over in case of ACP / MACP.

Sir,

With due regards, your attention is invited to the financial hardships being faced by the employees who are imposed with the minor penalty under CCS (RP) Rules, 1965 and during the currency of such penalty they become eligible for promotion or financial upgradation under ACP/ MACP. As per present system, the said promotion/ ACP/ MACP is actually granted with effect from the date of expiry of penalty period.

For example, the penalty of reduction of pay by one stage from the present Basic Pay of Rs. 15320 (Pay in pay band 12520 + GP 2800) to Rs. 14870 (Pay in Pay Band 12070 + GP 2800) for a period of one year without cumulative effect w.e.f. 05.12.2015 was imposed on a employee of Small Arms Factory, Kanpur as disciplinary measure. It was further directed that he will earn increment of pay during the period of reduction and that on expiry of this period, the reduction will not have the effect of postponing his future increment of pay.

Also check: Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

During the currency of penalty, he completed 10 yrs regular service in the same grade pay (GP 2800) on 01.01.2016. Hence, he became entitled for financial upgradation under MACP-III in the Grade Pay of Rs. 4200 but he could not be granted the MACP-III due to the currency of penalty. Meanwhile, consequent upon the acceptance of the recommendations of 7th CPC, the CCS (RP) Rules, 2016 was introduced and his pay was revised and fixed accordingly as Rs. 39200 in Level-5.

As per penalty order, he was granted his Annual Increment on 01.07.2016 and his reduced pay was re-stored on completion of the currency of the penalty of one year without cumulative effect. Thereafter, he was granted the benefit of MACP-III on 05.12.2016 in GP 4200 {Level-6 under CCS (RP) Rules, 2016} and his pay was fixed as Rs. 43600 in Level-6. After granting Annual Increment on 01.07.2017 his pay was fixed as Rs. 44900/-.

If he had not been awarded with the penalty of reduction of pay and MACP would have been granted then his pay would have been fixed Rs. 44900 w.e.f. 01.01.2016 and after granting Annual Increment on 01.07.2016 & 01.07.2017 his pay would have been fixed Rs. 46200 & 47600 respectively. Thus he is drawing less Basic Pay (46200 – 43600=Rs. 2600 per month from 05.12.2016 to 30.06.2017, 47600 – 44900 = Rs. 2700 per month from 01.07.2017 to 30.06.2018 and so on).

This difference of basic pay will also adversely affect his Pension, Gratuity and Leave Encashment on his superannuation in the year 2025. This loss is of permanent nature whereas the imposed penalty was having the without cumulative effect. This causes financial hardships and discontentment.

This financial hardship is due to implementation of instructions contained in DoP&T O.M. No. 22034/5/2004-Estt.(D), Dated 15.12.2004 which states that since the promotion is to take effect only from a date subsequent to the expiry of the currency of the penalty, the officer would be entitled to pay fixation in the promotional grade with effect from the date of actual promotion only. Even if a junior person to him in the panel is promoted earlier, it will have no bearing on the pay to be allowed on promotion to the officer on whom a penalty was imposed, and there shall be no stepping up of his pay.

The above instruction also applies in case of granting of financial upgradation under ACP/ MACP. Hence, the hardship may be mitigated if the following is inserted/amended in the above OM dated 15.12.2004:

“The officer undergoing minor penalty (withholding of increments or reduction of pay without cumulative effect) will not be granted financial upgradation under ACP/ MACP during the currency of penalty but after completion of penalty the MACP as well as pay fixation will be granted ‘notionally’ from the date of eligibility (during the currency of penalty) and the actual financial benefit of such MACP as well as pay fixation will be granted after completion of penalty.”

Also read: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

You are requested to take appropriate action so that DoP&T may amend and insert as said herein above in the referred O.M. Dated 15.12.2004.

Thanking you.
Sincerely yours

(MUKESH SINGH)
General Secretary/BPMS &
Member, JCM-II Level Council (MOD)

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Dak Bhawan, Sansad Marg,
New Delhi- 11 0001
Dated: 30.1.2020

The Chief Postmaster General,
AP Circle,
Vijayawada – 520018.

Sub: Opportunity to revision of option to come over to CCS (RP) Rules 2016.

I am directed to forward herewith letter No. 7-11/7th CPC pay fixation dated 16-12-2019 from General Secretary, National Association of postal Employees Group C, addressed to secretary (Post), regarding the wrong practice of DAP, Hyderabad, issuing clarification dated 22.05.2019 [ Read ] on DoE OM 4- 13/17-IC/E-III A dated 12-12-2018.at their level.

The matter has been examined at this end and the competent Authority has directed to withdraw the impugned order dated 22-05-2019 issued by PAO, AP circle Hyderabad. The matter may be referred to this office for seeking clarification on the OM of DoE dated 12.12.2018, mentioning specific cases of officers/ officials with service particulars.

(S.B. Vyavahare)
Assistant Director General (Estt.)

The Clarification dated 22.5.2019 issued by by PAO, AP circle Hyderabad in respect of Opportunity to revision of option to come over to CCS (RP) Rules 2016

Point of doubt:- In view of M.F. O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial up-gradation in Feb/ March/ August/ September, 2017 and December 2018 are eligible to exercise revised option to come over to revised pay structure on the date of their financial up-gradation under MACPS.

Also check: MACP – DoP Order to implement Court judgement on Stepping up of pay

Clarification: The Central Govt. employees have been permitted another opportunity to revise their initial option to come into revised pay structure in terms of Rules 5 & 6 thereof of CCS (RP) Rules, 2016 vide M.F. OM No. 4-13/17-IC/E-IIIA dated 12-12-2018. Wherein, it has been also repeated to make the meaning clear that all other terms and conditions as laid down in the said Rules 5 & 6 shall continue to be applicable for the revised options. As per the second provision of the Rule 5, in cases where a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up-gradation, the Government servant may switch over to the revised pay structure from the date of such promotion or up-gradation, as the case may be. Hence it is clarified that the officials who are awarded promotion /financial up-gradation after the date of notification of the CCS (RP) Rules, 2016 (i.e. 25.07.2016 are not entitled to exercise option/revised option-to come over to the revised pay structure on the date of their promotion /financial up-gradation.

Point of doubt: In view of M.F., O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial up-gradation in Feb/March, 2017 under MACPS are eligible to exercise revised option to come over to revised pay structure on the date of their subsequent increment in pre revised pay structure (i.e. on 01.07.2017).

Clarification: As furnished in the clarification on point of doubt – 1 above, all other terms and conditions as laid down in the Rules 5 & 6 thereof shall continue to be applicable for exercising revised option. As per the first provision of the Rule 5, a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next 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. As per explanation-1 under the Rule 5, the option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or Scale.

Further, switching over to the revised pay structure either on 01-01-2016 or from a later date than 01-01-2016 i.e. on the date of promotion /up-gradation or the date next /any subsequent increment, are applicable under Rule 5 in case of post /Pay Band or Grade Pay held on 01-01-2016. Thus, if the date of next or any subsequent increment (i.e. on 01-07-2016 or any subsequent date of increment) for a post /Pay Band or Grade Pay held on 01-01-2016 falls after the date of promotion, then the date of next/any subsequent increment for the post /Pay Band or Grade Pay held on 01-01-2016 has no relevance for option, as this post /Pay Band or Grade Pay on 01.01.2016 is no longer held on the date of next /any subsequent date of increment.

Hence, it is clarified that the officials who are awarded promotion /financial up gradation under MACPS prior to the next or any subsequent date of increment in the pre revised pay structure are_not entitled to exercise option/revised option to come over to revised pay structure on the date of next or any subsequent date of increment i.e. 01.07.2017 ete., (With regards to the said clarification this office Lr. No. No.669/PM-II /IFA/Genl./7thCPC Pay fixation dated 23.07.2018 addressed to the AO(IFA), O/o the Postmaster General, Visakhapatnam by endorsing copies to all the Regional Offices and the Divisional Heads may also be referred to.)

Point of doubt on Method of fixation of pay: As per the representations, the officials are seem to be on the opinion that fixation of their pay on promotion/up-gradation on or after 01-01-2016 will be done first in pre-revised pay structure (6th CPC) and then (after placement to the promotional grade in pre revised pay structure), the revision of pay in the revised pay structure will be done as per Rule 7 of CCS (RP) Rules, 2016.

Clarification: In case of an admissible option is exercised to come over to revised pay structure on the date of promotion/up-gradation or on the date of next/any subsequent increment in pre revised pay structure; revision of pay will be made first as prescribed in clause A of sub rule 1 under Rule 7 of the CCS (RP) Rules, 2016 w.r.t. the existing basic pay in pre revised pay structure i.e. in the prescribed existing Pay Band and Grade Pay, and after switching over to the revised pay structure, the fixation of pay on promotion (after 01.01.2016) shall be made as prescribed in rule 13 of the CCS(RP) Rules, 2016.

This has the approval of the General Manager (Finance)

Finance Ministry order for opportunity to revise option to come over to 7th CPC Pay Scale.

Department of Expenditure, Ministry of Finance issued OM 4- 13/17-IC/E-III A dated 12-12-2018. in the matter of giving one more opportunity to revise option to come over to 7th CPC Pay Scale.

This OM issued to invite attention to Rules 5 & 6 of the CCS (RP) Rules, 2016 regarding exercise of option to come over to the revised pay structure effective from 1.1.2016 as notified by the CCS(RP) Rules, 2016 and to say that the said option was to be exercised within 3 months of the date of notification, i.e., 25.7.2016, of the said Rules. The Rule 6(4) thereof provides that the option once exercised shall be final,

The Staff Side of the National Council (JCM) has requested that employees may be given another opportunity to re-exercise their option in view of certain hardships caused to certain employees. A number of references have also been received in this Ministry, proposing that the affected employees may be given an opportunity to re-exercise their option.

The matter has been considered and the President is pleased to decide that in relaxation of the stipulation contained in Rule 6(4) of CCS(RP) Rules, 2016, the Central Government employees, who have already exercised their option to come over to the revised pay structure as notified by the CCS(RP) Rules, 2016, shall be permitted another opportunity to revise their initial option in terms of Rules 5 & 6 thereof. The revised option shall be exercised within a period of 3 months from the date of issue of these orders. The option once exercised in terms of these orders shall be final and shall not be liable to any further change under any circumstances. All other terms and conditions as laid down in the said Rules 5 and 6 shall continue to be applicable.

It is obvious that in respect of those employees who have already exercised option to come over to the revised pay structure from 01.01.2016 itself or in whose case the revised pay structure took effect from 01.01.2016 and who re-exercise their option under these orders to come over to the revised pay structure from a date subsequent to 01.01.2016 as per Rule 5 of CCS (RP) Rules, 2016, the arrears on account of revised pay already drawn by them from 01.01.2016 up to the date from which they now opt to come over to the revised pay structure shall be recovered.

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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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