RBE No. 69 /2020

No. 2020/F(E)II/3/1

dated 25.08.2020

The General Manager
All Indian Railways and Production Units
(As per standard list)

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) (Rule 1315 of IREC Vol.II), in the 7th CPC Scenario – regarding.

DOP&T vide their O.M.No.12/02/2017- Estt (Pay-I), dated 5th August, 2020 have issued certain guidelines on 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) (Rule 1315 of IREC Vol.II), in the 7th CPC Scenario. A copy of the same is sent herewith for information/guidance. These orders will apply mutatis-mutandis to Railway employees also.

2. This order takes effect from 01.01.2016.

3. Please acknowledge receipt.

(G. Priya Sudarsani)
Director, Finance(Estt.)
Railway Board

Enclosure: Dop&T’s O.M. in 05 pages.

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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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“Sub-rule (1) of the Rule 16 provides that no Government servant shall speculate in any stock, share or other investment.”

F.No.11013/6/2018-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-Ill Desk North Block, New Delhi-110001

Date: 07.02.2019

OFFICE MEMORANDUM

Subject: CCS (Conduct) Rules, 1964 – Revision in limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

The undersigned is directed to refer to this Department’s O.M. No.11013/ 6/91-Et.(A) dated 08.04.1992 prescribing the following limit of transactions in shares, securities, debentures or mutual funds scheme, etc for intimation to Government in a prescribed format:

(i) Group ‘A’ and ‘B’ Officers –  If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 50,000/- during the calendar year.
(ii) Group ‘C’ and ‘D’ Officers –  If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 25,000/- during calendar year.

2. Sub-rule (1) of the Rule 16 provides that no Government servant shall speculate in any stock, share or other investment. It has also been explained that frequent purchase or sale or both, of share, securities or others investments shall be deemed to be speculation within the meaning of this sub rule. But, the occasional investments made through stock brokers or other persons duly authorized and licensed or who have obtained a certificate of registration under the relevant laws is allowed in this rule. With a view to enable the administrative authorities to keep a watch over such transaction, it has been decided that an intimation may be sent in the enclosed proforma to the prescribed authority in respect of all Government servants, if the total transactions in shares, securities, debentures, mutual funds scheme, etc. exceeds six months’ basic pay of Government servant during the calendar year (to be submitted by 31st January of subsequent calendar year).

3. It is also clarified that since shares, securities, debentures, etc. are treated as movable property for the purpose of Rule 18(3) of CCS(Conduct) Rules, 1964, if an individual transaction exceeds the amount prescribed in Rule 18(3), the intimation to the prescribed authority would still be necessary.
The intimation prescribed in para 2 above will be in addition to this, where cumulative transaction(s) i.e. sale, purchase or both in shares, securities, debentures or mutual funds, etc. in a year exceed the limits indicated in para 2 above.

4. This Office Memorandum issues in supersession of this Department’s O.M. No. 11013/ 6/91-Ests.(A) dated 08.04. 1992.

5. In so far as the personnel serving in Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.

6. All Ministries/ Departments are requested to bring these instructions to the notice of all concerned authorities under their control.

7. Hindi version will follow.

sd/-
(Satish Kumar)
Under Secretary to the Govt. of India

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No 18017/1/2014-Estt (L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 17.07.2018

OFFICE MEMORANDUM

Subject: Leave to a Government servant who is unlikely to be fit to return to duty – Reg.

The undersigned is directed to say that the CCS (Leave) Rules, 1972 have been amended vide Notification G.S.R. No. 438 (E) dated 03.04.2018 (copy enclosed) to bring them in conformity with the Rights of Persons with Disabilities Act, 2016. Accordingly, it has now been decided that leave applied under rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding. Further, any leave debited for the period(s) granted after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant. The Certificate of Disability is required to be issued in Form ‘3A’ which should be signed by a Government doctor of a Government medical board. Further, a Government servant who is granted leave in accordance with the provisions of clause (b) of sub rule (1) of rule 20 of CCS (Leave) Rules, 1972, the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016(49 of 2016) shall, suo-motu, apply.

2. These orders are to be effective from 19.04.2017.

3. Hindi Version will follow.

sd/-
(Sandeep Saxena)
Under Secretary to the Government of India

Source: www.dopt.gov.in

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7th CPC

Subject: Recommendations of the Seventh Central Pay Commission – Implementation of decisions relating to the grant of Children Education Allowance (CEA) and Hostel Subsidy – Consolidated instructions.

Consequent upon the decisions taken by the Government to implement the recommendations made by the VII Central Pay Commission, this Department has issued an OM of even number dated 16-8-2017 revising the rates of CEA/Hostel Subsidy and simplifying the procedure for claiming reimbursement of the same. However this Department has been receiving various queries regarding CEA/Hostel Subsidy especially with regard to the applicability of various provision/instructions issued during sixth CPC regime/period. Further references have also been received regarding the difficulty being faced by some government employees in obtaining certificate of the Head of the

Institution as mentioned in this Department’s OM of even number dated 16-8-2017.

2. Keeping in view the above, it has been decided to issue consolidated instructions in supersession of all earlier OMs on the subject of Children Education Allowance and Hostel subsidy as under:-

a) The reimbursement of Children Education Allowance/Hostel subsidy can be claimed only for the two eldest surviving children with the exception that in case the second child birth results in twins/multiple birth. In case of failure of sterilization operation, the CEA/Hostel Subsidy would be admissible in respect of children born out of the first instance of such failure beyond the usual two children norm.

b) The amount for reimbursement of Children Education allowance will be Rs.2250/- per month (fixed) per child. This amount of Rs.2250/- is fixed irrespective of the actual expenses incurred by the Govt. Servant. In order to claim reimbursement of CEA, the Govt. servant should produce a certificate issued by the Head of the Institution for the period/year for which claim has been preferred. The certificate should confirm that the child studied in the school during the previous academic year. In case such certificate can not be obtained, self- attested copy of the report card or self attested fee receipt(s){including e-receipt(s)} confirming/indicating that the fee deposited for the entire academic year can be produced as a supporting document to claim CEA. The period/year means academic year i.e. twelve months of complete academic session.

c) The amount of ceiling of hostel subsidy is Rs.6750/- pm. In order to claim reimbursement of Hostel Subsidy for an academic year, a similar certificate from the Head of Institution confirming that the child studied in the school will suffice, with additional requirement that the certificate should mention the amount of expenditure incurred by the Government servant towards lodging and boarding in the residential

complex. In case such certificate cannot be obtained, self attested copy of the report card and original fee receipt(s)/e-receipt(s) which should indicate the amount of expenditure incurred by the Government servant towards lodging and boarding in the residential complex can be produced for claiming Hostel Subsidy: The expenditure on boarding and lodging or the ceiling of Rs.6750/- as mentioned above, whichever is lower, shall be paid to the employee as Hostel Subsidy. The period/year will mean the same as explained above in clause (b) of this para.

d) The reimbursement of Children Education Allowance for Divyaang children of government employees shall be payable at double the normal rates of CEA prescribed above in clause (b) i.e. Rs.4500/- per month (fixed).

e) The above rates/ceiling would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%.

f) The Hostel Subsidy and Children Education Allowance can be claimed concurrently.

g) In case both the spouses are Government servants, only one of them can avail reimbursement under Children Education Allowance and Hostel Subsidy.

h) The reimbursement of CEA and Hostel Subsidy will be done just once in a financial year after completion of the financial year.

i) Hostel subsidy is applicable only in respect of the child studying in a residential educational institution located at least 50 kilometers from the residence of the Government servant.

j) The reimbursement of Children Education Allowance and Hostel Subsidy shall have no nexus with the performance of the child in his class. In other words, even if a child fails in a particular class, the reimbursement of Children Education Allowance/Hostel Subsidy shall not be stopped. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the mid-session, CEA shall not be reimbursable.

k) If a Government servant dies while in service, the Children Education Allowance or hostel subsidy shall be admissible in respect of his/her children subject to observance of other conditions for its grant provided the wife/husband of the deceased is not employed in service of the Central Govt., State Government, Autonomous body, PSU, Semi Government Organization such as Municipality, Port Trust Authority or any other organization partly or fully funded by the Central Govt./State Governments. In such cases the CEA/Hostel Subsidy shall be payable to the children till such time the employee would have actually received the same, subject. to the condition that other terms and conditions are fulfilled. The payment shall be made by the office in which the Government servant was working prior to his death and will be regulated by the other conditions, laid down in this OM.

I) In case of retirement, discharge, dismissal or removal from service, CEA/Hostel Subsidy shall be admissible till the end of the academic year in which the Government servant ceases to be in service due to retirement, discharge, dismissal or removal from service in the course of an academic year. The payment shall be made by the office in which the government servant worked prior to these events and will be regulated by the other conditions laid down in this OM.

m) The upper age limit for Divyaang children has been set at 22 years. In the case of other children the age limit will be 20 years or till the time of passing 12th class whichever is earlier. There shall be no minimum age.

n) Reimbursement of CEA and Hostel Subsidy shall be applicable for children from class nursery to twelfth, including classes eleventh and twelfth held by Junior Colleges or schools affiliated to Universities or Boards of Education.

0) CEA is allowed in case of children studying through “Correspondence or Distance Learning” subject to other conditions laid down herein.

p) The CEA and Hostel Subsidy is admissible in respect of children studying from two classes before class one to 12th standard and also for the initial two years of a diploma/certificate course from Polytechnic/ITI/Engineering College, if the child pursues the course after passing 10th standard and the Government servant has not been granted CEA/ Hostel Subsidy in respect of the child for studies in I1th and 12th standards.
q) In respect of schools/institutions at nursery, primary and middle level not affiliated to any Board of education, the reimbursement under the Scheme may be allowed for the children studying in a recognized school/institution. Recognized school/institution in this regard means a Government school or any education institution whether in receipt of Govt. Aid or not, recognized by the Central or State Government or Union Territory Administration or by University or a recognized educational authority having jurisdiction over the area where the institution/school is situated.

r) In case of a Divyaang child studying in an institution i.e. aided or approved by the Central/State Govt. or UT Administration or whose fees are approved by any of these authorities, the Children Education Allowance paid by the Govt. servant shall be reimbursed irrespective of whether the institution is ‘recognized’ or not. In such cases the benefits will be admissible till the child attains the age of 22 years.

s) The CEA is payable for the children of all Central Government employees including citizens of Nepal[ and Bhutan, who are employees of Government of India, and whose children are studying in the native place. However, a certificate may be obtained from the concerned Indian Mission that the school ‘ is recognized by the educational authority having jurisdiction over the area where the institution is situated.

t) The Children Education Allowance or hostel subsidy shall be admissible to a Govt. servant while he/she is on duty or is under suspension or is on leave (including extra ordinary leave). Provided that during any period which is treated as ‘dies non’ the Govt. servant shall not be eligible for the CEA/Hostel subsidy for that period.

3. These above instructions would come into effect from 1st July, 2017.

Hindi version follows.

To
1. Ministries/Departments of the Government of India.
2. NIC with a request to upload the OM on the website of DoPT.

Source: DoPT

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