GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE

LOK SABHA
UNSTARRED QUESTION No. 3281

TO BE ANSWERED ON MONDAY, DECEMBER 16, 2024
25 AGRAHAYANA, 1946 (SAKA)

PAY RELATED COURT CASES

3281: SHRI RAJMOHAN UNNITHAN

Will the Minister of Finance be pleased to state:

a) the policy of Government in respect of extending benefits to similarly placed applicants in pay related court cases dismissed by Apex court in SLP and Review petition;

b) whether Review petition No.11687/2024 in SLP 18423-18429/ 2023 filed by the Government in the case of Neeraj Kumar Srivastava & Ors. Vs. UoI & Ors. has been dismissed by the Hon’ble Supreme Court, if so, the details thereof;

c) whether the Government has rejected the proposal to extend the benefits to similarly placed applicants while accepting that no more judicial avenues are left to the Government in the above case; and

d) whether by not implementing the judgement in above case to similarly placed applicants, the Government is encouraging such applicants to take shelter of various Tribunals, High Court and Apex Court across the country and to file cases similar to the one already settled by Hon’ble Apex Court thereby increasing the number of cases in courts and wasting the valuable time of the Hon’ble Courts?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI PANKAJ CHAUDHARY)

a) Orders of the Apex Court are implemented as per the directions of the court.

b) Yes sir, Hon’ble Supreme Court vide Order dated 18th July, 2024 dismissed the review petition No, 11687/2024 in SLP No. 18423-18429/2023.

c)&d) The directions of Hon’ble Supreme Court in SLP No. 18423-18429/2023 have been agreed for implementation.

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Finalization of Terms & Conditions and Pay Fixation of Board Level Executives of CPSEs- Clarification on Competent Authority: DPE, FinMin OM

No.W-02/0009/ 2023- DPE (WC)-GL- XVII/2023
Government of India
Ministry of Finance
Department of Public Enterprises

Public Enterprises Bhawan,
Block No.14, CGO Complex,
Lodhi Road, New Delhi -110003.
Dated, the 13th September, 2023

OFFICE MEMORANDUM

Subject: Finalization of Terms & Conditions and Pay Fixation of Board Level Executives – Clarification on Competent Authority – regarding.

The undersigned is directed to say that representations have been received from Ministries/ Departments regarding clarifications in respect of finalisation of Terms & Conditions and pay fixation of Board Level Functionaries of CPSEs in view of para 21 of the revised Charter of Financial Advisors dated 13.06.2023 issued by Department of Expenditure (DoE) wherein Pay fixation is included as an item in the negative list which should not be referred to Financial Advisor.

2. The matter was examined in consultation with the Department of Expenditure (DoE). DoE vide O.M. No. 20(4)/E.Coord/ 2023 dated 31.08.2023 (Copy enclosed) has inter-alia clarified that the Pay Fixation of Board Level executives of CPSEs will continue to be done as per DPE’s O.M. No. 2(34)/12-DPE (WC)-GL-XX/12 dated 14.12.2012.

3. All administrative Ministries/ Departments of the Government of India are requested to bring the above to the notice of CPSEs and FA of the Ministry/ Department.

(Naresh Kumar)
Under Secretary

No. 20(4)/E.Coord/2023
Government of India (भारत सरकार)
Ministry of Finance (वित्‍त मंत्रालय)
Department of Expenditure (व्‍यय विभाग)

North Block,
New Delhi, the 31st August, 2023

OFFICE MEMORANDUM

Subject: Finalization of Terms & Conditions and Pay Fixation of Board Level Functionaries – Clarification on Competent Authority – reg.

The undersigned is directed to refer to Department of Public Enterprises (DPE) O.M. No. W-02/0009/2023-DPE(WC) dated 02.08.2023 on the above cited subject and to convey that the Pay Fixation of Board level executives of CPSEs will continue to be done as per DPE’s O.M. No. 2 (34)/12-DPE (WC)-GL-XX/12 dated 14.12.2012.

2. This issues with the approval of the Competent Authority.

(L. H. Hrangchal)
Under Secretary to the Government of India

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भारत सरकार GOVERNMENT OF INDIA
रेल मंत्रालय MINISTRY OF RAILWAYS
(रेलवे बोर्ड RAILWAY BOARD)

RBE No. 69/2023

No. E(P&A)II/ 2023/PP-3

New Delhi, dated 11.05.2023

The General Managers (P)
All Indian Railways
& Production Units etc.

Sub: Fixation of pay of State Government Employees on appointment to the posts under the administrative control of Ministry of Railways subsequent to the implementation of RS (RP) Rules, 2016.

The method of fixation of pay of State Government servants on appointment to posts under the administrative control of Ministry of Railways has been spelt out in Board’s letter Nos. E (P&A)-II-2001/ PP-7 dated 02-08-2001 and E (P&A)-II-2016/ PP-1 dated 23-06-2016. The question of fixation of pay in such cases consequent upon implementation of Railway Services (Revised Pay) Rules, 2016, has been considered by the Government and the President is pleased to decide that in cases of State Government employees appointed to posts under the administrative control of Ministry of Railways on or after 1.1.2016, pay will be fixed in the following manner:-

• (a) Where the State Government has revised the Pay Scales/Grade Pays of their employees on the pattern of Seventh Central Pay Commission at the base index of 261.41 as per AICPI (IW) 2001 series wef 11.2016, the pay of State Government employees on their appointment to the posts under the administrative control of Ministry of Railways would be fixed as follows:

• When the appointment is to a post in higher Level, one increment shall be given in the Level from which the employee is appointed and he/she would be placed at a Cell equal to the figure so arrived at in the Level of the post to which appointed and if no such Cell is available in the Level to which he/she is appointed, he/she would be placed at the next higher Cell in that higher Level. However, if the amount so arrived at after adding the increment in lower Level is less than the minimum pay or the first Cell in the higher Level, the pay shall be fixed at minimum pay or first Cell of the higher Level.
• Where the appointment is To a post involving identical Level, the individual shall continue to draw the same pay.

• (b) Where the State Government has revised the Pay scales/Grade Pays of their employees after 1.1.2016 beyond the base index of 261.41 as per AICPI (IW) 2001 series, the basic pay of the employee is to be determined first in the Central Pay Matrix by reducing the element of DA, ADA, IR etc. granted by the State Government after 1.1.2016 beyond the base index of 261.41 as per AICPL (IW) 2001 series and thereafter the pay would be fixed as provided in the clauses (i) and (ii) under sub-para (a) above.
• (c) Where the State Government has either not revised or revised the pay scale of their employees on or after 11.2016 below the base index of 261.41 as per AICPL (IW) 2001 series, the basic pay of these employees shall be determined first in the Central Pay Matrix, by adding the element of DA, ADA upto the base index of 261.41 as per AICPI (W) 2001 series, granted by the state Government and thereafter their pay would be fixed as provided in the clause (i) and (ii) under sub-para (a) above.

2. These orders are applicable to employees of the State Government and Local. Bodies under the State including Emergency Divisional Accountants/ Divisional Accountants appointed to a post under the administrative control of the Ministry of Railways on or after 1.1.2016.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

[Authority: DoPT’s OM No. 12/2/2016 -Estt. (Pay-I) dated 11th May, 2017]

(N.P. Singh)
Director, Estt.(P&A)
Railway Board

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भारतीय प्रतिरक्षा मजदूर संघ
Bharatiya Pratiraksha Mazdoor Sangh

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

Dated: 01.03.2023

REMINDER 3

To,

The Secretary
Department of Expenditure
Govt of India, Ministry of Finance
North Block, New Delhi- 110 001

Subject: Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016.

Reference: 1. Department OM No. 04-21/2017-IC/E.IIIA dated 28 Nov 2019 & subsequent relaxation in rules through letter of even no dated 15 April 2021

2. This federation letter of even no.dated 16.06.2022, 01.08.2022 & 21.12.2022.

Respected Sir,

With due regards, your kind attention is invited to the letters cited under reference 1 whereby instructions/clarifications were issued regarding Pay Fixation (including fixation of DNI) under FR 22(1)(a)(1) on regular promotion or financial up-gradation on or after 01.01.2016. And, employees were allowed to exercise/ re-exercise of option for pay fixation for past cases if they had not availed the same on the occasion of their regular promotion/ financial up-gradation.

Through the OM dated 15 April 2021, a special condonation, on one more occasion, was granted with a three month time-limit to all employees by relaxing the condition in exercising of option.

It is worth to mention here that during the same period (aftermath of 15 April 2021) the sudden outbreak of corona pandemic derailed the life of all. Establishments were being run at least strength. Everyone was struggling to save the lives of his dear ones.

In such a catastrophic situation’ employees could not avail the above relaxation. But, with restoration of normalization, many employees started to approach this federation for a further extension/ relaxation in rules for one more and last time.

As the situation was beyond their control and the OM dated 15 April 2021 could not be availed by the employees, you are again requested to condone the delay for one more time and give one more opportunity to all employees in this regard.

Thanking you.

Sincerely Yours

(MUKESH SINGH)
General Secretary/ BPMS &
Member National Council JCM

Download Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 PDF

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OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS
10-A, S. K. BOSE ROAD, KOLKATA – 700 001
Pay-Tech Section

No. Pay/ Tech-1/ 01(6th CPC)

dated: 24/04/2021

To
All CFAs

Subject: Entry pay of Direct Recruits in Defence Service appointed on or after 01/01/2006 and pay fixation in case of persons other than direct recruits.

A copy of HQrs Office letter No-Army/ BR/3500/MPS/ PAO-ROs Conf/03 AHQ/Vol-I/E-1561, dated-06/04/2021 along with MoD DMA, D(Pay/Services) OM No-1(11)/2018/ D/Pay/Service, dated- 25/03/2021 and MoF DoE OM dated- 28/09/2018 on the above subject received under CGDA, Delhi Cantt. No. CGDA/ Navy/02/P&A / 2021/Vol-l, dated 08/04/2021 is forwarded herewith for information, guidance, and compliance to all concerned, please.

DC of A(Fys) has Seen

Enclosure: As above

SAO(Fys)

Controller General Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt. 110010

Army/ BR/3500/MPS/ PAO- ROsConf/ O3AHQ/ Vol-1/E-1561

Date:- 06/04/2021

To
All PCsDA/CDAs

Subject:- Entry pay of Direct Recruits in Defence Services appointed on or after 01.01.2006 and pay fixation in the case of persons other than such direct recruits.

Copy of the MoD, DMA, D (Pay/Services) ID No. 1(11)/2018/D/ Pay/Services) dated 25.03.2021 on the subject is forwarded herewith for information and for further necessary action, please.

Adury Srinivas
(Accounts Officer Army)

No. 1(11)/2018/D (Pay/Services)
Ministry of Defence
Department of Military Affairs
D (Pay/Services)

Sena Bhawan, New Delhi
Dated 25 March 2021

OFFICE MEMORANDUM

Subject: Entry pay of Direct Recruits in Defence Services appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

The undersigned is directed to invite attention to Special Army Instructions 2008, Special Navy Instructions 2008 and Special Air Force Instructions 2008.

2. Enclosed herewith is the Ministry of Finance, Department of Expenditure OM No. 8-23/2017-E.IIIA dated 28.09.2018 and to say that the provisions contained therein of the said letter, will mutatis-mutandis be applicable to the Defence Services in respect of the following trades and ranks where an element of direct recruitment exists, provided all the conditions and stipulations laid down therein are strictly fulfilled:

3. In (AF, Educator Instructor is the only trade where Recruitment Rules provides for Direct Recruitment in the rank of Sgt. Hence, Direct Entry Pay would be admissible only to Sgts of Education Instructor trades As an illustration, if a Col acquires sufficient qualification and re-musters to Education Instructor and thereafter. he is promoted to the rank of Sgt on or after 1.1.2006 and on promotion it the pay is fixed at a rate less than the pay of the Direct Entry of an Education instructor Sgt, his pay would be stepped up to the Direct Entry Pay from the date of promotion on or after 1.1.2006.
4. These instructions will be applicable with effect from 01.01.2006.
5. This issues with the concurrence of Finance Division of this Ministry vide their Dy. No. 58/AG/PD/2021 dated 25.3.2021 of R.F. No: 2(2)/202C-AG/PD.

(T Johnson)
Gp Capt
Director (Pay/Services)

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Date of Next Increment after Promotion / Upgradation

MoD vide Para 2 of the OM No.1(20)/2017/ D(Pay/Services) – Part–I dated 02.11.2020 has stated that the provisions contained in Para 6 of MoF OM No.4- 21/2017-IC/E/IIIA dated 28.11.2019 will be mutatis – mutandis applicable to the Defence Service Officers also provided all the conditions and stipulations laid down therein are strictly fulfilled.

2. As per the provisions laid down in Para 6 of MoF letter dated 28/11/2019, “The opportunity to exercise of an option for pay fixation under FR 22(I)(a)(1) is available to employees in case of promotional/ financial upgradation. Therefore, the Central Govt Employee promoted on a regular basis/granted financial upgradation on any date other than the date of his/her annual increment in a lower grade and exercises the option under FR 22(I)(a)(1) read with DOPT’s OM No.13/02/2017-Estt.(Pay-I) dated 27/07/2017 for fixation of pay from the date of accrual of next increment in the scale of pay in a lower grade, he may be allowed the 1st increment in promotional grade on 1st January /1st July as the case may be after completion of 6 months qualifying service after such fixation on 1st July/1st January (i.e. the date of increment in lower grade) on the analogy of Deptt of Expenditure’s OM dated 31/07/2018. The next increment, thereafter, shall, however, accrue only after completion of one year”.

3. In light of the above provisions contained in Govt orders, this office is taking action to grant the first increment on completion of six months qualifying service in promotional grade, after fixation of pay on promotion from DNI, in respect of officers who have already exercised their option on promotion and also those who have re- exercised their option by 01/12/2020 as per ibid MoD letter. This work is being carried out in a phased manner.

4. This is put up for the kind information of the Army Officers, so that raising of queries on the above issue by the officers, may please be minimized/ avoided.

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Latest DoPT Orders 2021

Reminder-2

No.25/7/2019 -CS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated: 21st January, 2021

OFFICE MEMORANDUM

Subject: Clarification regarding fixation of pay at the time of regular promotion/grant of NFSG in respect of officials who are already granted the benefits under MACP Scheme – regarding

The undersigned is directed to refer to this Department’s OM of even number dated 27.08.2019 and reminder dated 16.09.2020 (copies enclosed) on the subject mentioned above, vide which the cadre units of CSCS were requested to forward the data regarding fixation of pay at the time of regular promotion/ grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme as per the format given in Annexure-I of the said OM.

2. The cadre units of CSCS annexed at Annexure-I are once again requested to expedite sending the requisite information within a fortnight. In case of nil information, the same may also be intimated to this Department.

(Vasanthi V. Babu)
Under Secretary to the Govt. of India

To

Dir/DS(Admn.) of CSCS Cadre
(As per Annexure-I)

Reminder

No.28/7/2019 -GS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated: 16 September, 2020

OFFICE MEMORANDUM

Subject: Clarification regarding fixation of pay at the time of regular promotion/grant of NFSG in respect of officials who are already granted the benefits under MACP Scheme – regarding

The undersigned is directed to refer fo this Department’s OM of even number dated 27.08.2019 (copy enclosed) on the subject mentioned above vide which all the cadre units of CSCS were requested to forward the data regarding fixation of pay at the time of regular promotion/ grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme as per the format given in Annexure-I of the said OM.

2. The cadre units of CSCS at Annexure-l have still not furnished the information. It is, therefore, requested that these cadre units of CSCS may please expedite sending the requisite information within a fortnight.

(Bhagirath Jha)
Under Secretary to the Govt. of India

Fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme dated on Dated: 27th August, 2019

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 Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt- 110010

No. AN/XIV/14162/ 7th CPC/Vol-ll

Dated: 13.11.2020

IMPORTANT CIRCULAR

To
All PCsDA/ CsDAIPCA (Fys)

Sub: Implementation of recommendation of 7th CPC – Para 11.12.140 – Grant of Grade of Rs. 5400 (PB2) i.e. Level 9 of Pay Matrix in case of Assistant Accounts Officer of Defence Accounts Department of Ministry of Defence.

Sanction of the Gol, Ministry of Finance, Department of Expenditure on the above subject conveyed vide its OM No. F.No. 25-2/2017-IC/E.III(ii) dated 06.11.2020 is hereby communicated. The OM has been issued in pursuance of the recommendations of 7th CPC as contained in para 11.12.140 of the Report and Government Resolution No. G.I, M.F. No. 1-2/2016-IC dated 25th July 2016.

7th Pay Commission Revised Pay Matrix Table for Central Government Employees – Pay Matrix Level 9

2. In accordance with the ibid OM, the revised pay scale of the post of Assistant Accounts Officer in Defence Accounts Department would be in Level 8 of Pay Matrix and Level 9 on completion of 4 years in Grade Pay of Rs. 4800/- (PB-2)/ Level 8. This is a Non-Functional Upgradation (NFU), which is subject to the following terms and conditions:-

MACP on completion of 10/20/30 Years of Service or 10 years of service after previous promotion: AAOs, Senior Auditor, Adr, Clerk, MTS

• (i) The grant of NFU will be admissible on completion of 4 years of regular service in the cadre from the date of joining as AAO. The aforesaid Non-Functional Upgradation (NFU) to AAQs is effective from 01.01 2016.
• (ii) The NFU will be subject to vigilance clearance. While issuing orders, it may be ensured that none of circumstances for adoption of sealed cover procedure exists and the official is not undergoing any penalty under CCS (CCA) rules 1965.
• (iii) The orders for grant of Non-Functional Upgradation to AAOs shall be issued by the Appointing Authority.
• (iv) Benefit of Pay Fixation as per Rule 13 of CCS (Revised Pay) Rules 2016 shall be available at the time of grant of Non-Functional Upgradation to AAOs. Option for pay ‘fixation may be exercised within one month of issue of orders for grant of NFU.
• (v) After the grant of NFU to AAOs in Pay Level-9 and their pay fixation under Rule 13 of CCS (RP) Rules 2016, there will be no further pay fixation on promotion to the post Accounts Officer in Pay Level-9.
• vi) NEU will be reckoned for financial upgradation under Modified Assured Career Progression scheme (MACPS). Subsequent financial upgradation under MACPS, if any, is to be reckoned from the date of grant of NFU.

(Rajeev Ranjan Kimar)
Dy. CGDA (AN)

Source: CGDA

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No. 1(20)/2017/D (Pay/Services) – Part-1
Ministry of Defence
Department of Military Affairs
D (Pay/Services)

Sena Bhawan, New Delhi
Dated: 02 November, 2020

OFFICE MEMORANDUM

Subject: Date of next increment – Rule 10 of Army Officers and Air Force Officers Pay Rules, 2017; Regulation 10 of Navy Officers – Pay Regulations, 2017; Rule 10 of Army, Air Force and Military Nursing Service Pay Rules, 2017; Regulation 10, of Navy Pay Regulations, 2017 and Rule 9 of the Non-Combatants (Enrolled) of Air Force Rules, 2017 – regarding.

The undersigned is directed to invite attention to MoD O.M.s No.: 1(20)2017/D (Pay/ Services) dated 22.3.2018 and 30.4.2019 and O.M. No. a PC-1(20)2017-D (Pay/ Services) Part- II dated 11.3.2019 on the issue of availability of option for fixation of pay on promotion/ Modified Assured Career Progression Scheme (MACPs) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in context of Army and Air Force Officers Pay Rules, 2017, Navy Officers Regulation, 2017, Army, Air Force and Military Nursing Service Pay Rules, 2017, Navy Pay Regulations, 2017 and Non-Combatants (Enrolled) of Air Force Rules, 2017.

Defence / Fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post – Air Force and Navy Pay Regulations 2017

2. Enclosed herewith is the Ministry of Finance, Department of Expenditure OM No. 421/2017-IC /E.IIIA dated 28.11.2019 and to say that the provisions contained therein of the said letter, will mutatis-mutandis be applicable to the Defence Services Officers and JCO/OR and equivalence – provided all the conditions and stipulations laid down therein are strictly fulfilled.

3. Since there is a material change, the personnel who have been regularly promoted or granted financial up-gradation on or after 1.1.2016 and desire to exercise/ re-exercise option for pay fixation shall be given opportunity to exercise or re-exercise of the option. Such an option shall be exercised within one month of issue of this O.M.

MACP Option for Fixation of Pay on Promotion from DNI – Clarification order

4. These instructions will be applicable with effect from 01.01.2016.

5. This issues with the concurrence of Finance Division of this Ministry vide their Dy. No. 1(8)/2017-AG/PA/101 dated 21.10.2020.

Pay Rules / Regulations 2017 for Army / Navy / Air force officers, MNS, JCOs / OR & Equivalent for revision of option to come over to revised pay structure

(T Johnson)
Gp Capt
Director (Pay / Services)

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7th Pay Commission Date of Next Increment after Promotion/ Upgradation: PCDA(O) Pune Message No. 17/2020

PCDA

Message No. 17/2020

Date of Next Increment after Promotion / Upgradation

In accordance with MoD OM No. 1(20)/2017/D (Pay/ Services) – Part -I dated 02.11.2020 read with MoF OM No.4-21/2017 -IC/E/IIIA dated 28.11.2019, the Officers who have been promoted/ upgraded on or after 01.01.2016 in 7thCPC and have opted for fixation of pay from the DNI in lower grade will be allowed Increment in promotional grade after completion of 6 months qualifying service i.e., on 1st Jan or 1st July as the case maybe.

Also read:

7th Pay Commission – Junior officer gets equal to that of his senior and senior office not being eligible for bunching benefits

Accordingly,

• Officers who have already exercised their option for fixation of pay on promotion from DNI will be granted increment in promotional grade on the following 1st Jan or 1st July suo-moto by PCDA(O).
• Officers who have been promoted or granted financial upgradation on or after 01.01.2016 and desire to exercise/ re-exercise option for pay fixation from DNI may opt within one month of issue of the OM. Options so exercised may also be sent through on mail id : ledger-pcdao@nic.in or through AWAN to APAC, PCDA (O) Pune.
• To enable this office to consider the case, the officers are requested to submit their option by 01.12.2020.

Last date of exercising option shall be 01.12.2020.

Also check: 7th Pay Commission Annual Increment

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