F.No.18/2/2014-CS-I(S)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market
New Delhi, the 6 November, 2017

OFFICE MEMORANDUM

Subject: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors -regarding.

Ref: OM No.18/2/2007-CS-l dated 20.05.2014 & 08.07.2014 and OM No.18/212014-CS.l(S) dated 27.12.20216.

Representations have been received from some CSS officers in whose case re-fixation and recovery orders have been issued by concerned Ministries/Departments in pursuance to DOPT OM dated 20.05.2014, requesting withdrawal of the OMs referred above.

2. It is once again clarified that OM No.5/16/80-CS.I dated 13.4.1988 was issued on acceptance of award by Board of Arbitration in CA Reference No.7 of 1984 which allowed stepping up of pay of an Assistant of CSS, who is senior by virtue of having been recruited through an earlier examination but is drawing less pay on promotion in the Grade of Section Officer than his junior recruited through a later examination, up to a level equal to the pay of such junior Section Officer in the same cadre i.e. senior DR Assistant to junior DR Assistant of later exam on their promotion as Section Officer. Vide OM No.5/21/92-CS.I dated 23.2.1994 this benefit of stepping up was extended to Section Officers appointed through Limited Departmental Competitive Examination (LDCE) (again applicable to DR Assistants only). OM No.5/1/96-CS.I dated 8.10.1996 further extended this benefit in case of promotee Assistants and also to the cases where both junior and senior have been recruited on the basis of the same Select List Assistants Grade Examination, as the case may be in accordance with judgements of CAT in OA No. 365/90 (Shri K.C. Sehgal VS UOI and CA No. 869/91 (Shri L.K. Chawla VS UOI), which were upheld by the Hon’ble Supreme Court.

3. That there are general guidelines of stepping up of pay issued by the Ministry of Finance vide OM No.F.2(78)-E.III(A) dated 0 .02.1966 and this Department vide OM dated 04.11.1993. One of the conditions of the general guidelines for allowing stepping up of pay to a senior govt. servant with reference to a junior is that the senior should have drawn more pay than the junior in the lower grade also.

4. However, certain clarifications were issued by CS-I Division, DoPT in 2007 and 2008 to individual Ministries/Departments, on references received from them, which were at variance with the general conditions of stepping up of pay i.e. stepping up of pay was allowed even if junior was drawing more pay than the senior in the lower grade i.e. in Assistant/Grade. Therefore, vide OM dated 29.5.2009, the clarification issued in 2007 & 2008 were withdrawn and Ministries/Departments were advised to strictly allow stepping up enforcing conditions laid down in OM dated 8.10.1996. Departments were also informed vide OM dated 21.05.2010 that as the matter was still under consideration, status-quo, as on date, might be maintained in the matter of stepping up of pay of Section Officers of CSS till the matter attains finality. Eventually, the matter attained finality and a consolidated OM as vetted by the Estt..(Pay) Division of this Department and Department of Expenditure was issued on 20.05.2014.

5. The Ministries/Departments were requested vide OM dated 20.05.14 that stepping up of pay already allowed in cases where the individuals are not covered by the OMs dated 13.04.1988, 23.02.1994 and 08.10.1996 and general conditions as laid down in OM dated 04.11.193, should be reviewed and pay re-fixed accordingly. That excess payments made to the employees in the cases of wrong stepping up of pay should be recovered in terms of DOP&T’s OM No.18/26/2011-Estt(Pay-l) dated 06.02.2014 and a compliance report in this regard furnished to this Department. It was further clarified vide OM dated 08.7.2014 that all the three OMs and general conditions of stepping up of pay are not exclusive of each other and the three OMs are to be read with and subject to the general conditions reiterated vide OM dated 4.11.1993, therefore, stepping up of pay is not to be allowed where junior was drawing more pay than the senior in the lower grade.

6. As regards, OA No.2884/2015 and similar OAs filed in this regard, it is observed that only applicants in these cases have been granted interim stay by the Learned CAT. That the said OAs have been filed by the applicants in the individual capacity. Thus in all those cases where stepping up of pay has been allowed, but where the benefited individuals were not covered by the OMs dated 13.4.88, 23.2.94 and 8.10.96 and the general conditions of stepping up of pay as laid down in the DOP&T’s OM No. 4/7/92-Estt(Pay-1) dated 04.11.93, pay will have to be re-fixed and recovery of excess payment, if any, is to be made.

7. Therefore, vide reminder OM dated 27.12.16, the Ministries/Departments were requested to expedite the compliance reports as requested vide OM dated 20.05.2014 except in those cases where matter of recovery is subjudice/stayed by order of any competent court.

8. It may be mentioned that one of the similarly placed officers, in whose case orders for stepping up of pay with reference to a promotee assistant was issued but not implemented, had approached CA (PB) through OA No.1199/2014(H.C. Rai vs. UOI). The CAT vide its order dated 28.03.17 while dismissing the OA had categorically ruled that the stepping up of his pay was not in consonance with the provisions of OM dated 20.05.2014 i.e. OMs dated 13.4.88, 23.2.94 and 8.10.96.

9. With regards difficulty being faced by some Ministries/Departments in establishing links/chain of officers in refixation/recovery matters, it is hereby mentioned that many Ministries/Departments have already issued re-fixation orders establishing links by themselves as per the instructions issued by this Department.

10. All the Ministries/Departments are thus again requested to furnish the compliance reports in the prescribed proforma, latest by 15th November 2017.

11. In view of above, the representations/OMS of following have no merit and are accordingly disposed off:

Please click on source file to view the list of representations.

(Anil Tripathi)
Under Secretary to the Govt. of India

Source : DoPT

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2nd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-11 0003
Dated the 6th February, 2015

OFFICE MEMORANDUM

Subject: Zone of consideration for inclusion in Select List of Section Officers’ Grade of CSS for the years 2012 against Seniority Quota – regarding

The undersigned is directed to convey the approval of the Competent authority for issue of zone of consideration for inclusion in Select List (Seniority Quota) of 2012 in the Section Officers’ Grade of CSS( as per the Annexure-I attached) which has since been drawn up on centralized basis. The zone has been prepared in terms of CSS Rules, 2009 read with CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013. The vacancies against which the officers have been included in the Select List relate to the period from 01 .07.2012 to 30.06.2013. The size of the Select List 2012 shall be as under:

2. One of the conditions as per CSS Rules, 2009 and regulations issued thereunder for inclusion in the Select List for a particular year is that the officer should have undergone and successfully completed such mandatory training programmes as may be prescribed by the Government. However, as many Assistants/Section Officers (adhoc) have not undergone/nominated for the mandatory training programme I.e. Level B till date, approval of the competent authority has been obtained for relaxation of this condition for Assistants belonging to Select List up-to 2002. Out of the remaining Officers, the following two officers, have exhausted all the available three nominations and not eligible for further nomination. They have, therefore , been excluded from the zone of promotion:

3. Additional zone of consideration in respect of 60 officers for inclusion in the Select List 2012 has been prepared in lieu of those who are in the zone of consideration but retired on  Superannuation/expired/retired voluntarily and officers who were still on deputation within the same Select List Year 2012 etc. in terms of this Department’s a .M. No.22011/18/87-Estt(D) dated 09.04.1996 as per the details given below:

4. While every effort has been made to incorporate the correct details of the officials w.r.!. their date of birth, place of posting etc., in case any discrepancy is noted, the same may be intimated to this Department for rectification at the earliest, latest by 28-02-2015. If any of the official included in the zone has left the cadre unit prior to 01.07.2012 (Le. the crucial date for promotion) for the reasons other than as mentioned in the zone, the same may also be intimated.

5. The cadre unit authorities are requested to take immediate action for conducting DPC as per regulation 5 of CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013 in respect of
(i) all the officials included in the zone (including retired persons) (as per Annexure-I);

(ii) the officials covered in previous zones (upto Select List 2011) in whose cases ope recommendations have been kept in sealed cover on earlier occasions.

6. Ministries/Departments, where the officials approved for inclusion in the zone for SOSL-2012 and are currently posted as Section Officer on ad-hoc basis or as Assistant, are requested to notify the appointment of these officials as per Annexure-I to this a .M. to the grade of Section Officer on regular basis once they are found ‘FIT’ by the respective DPCs. In terms of Rule 2 (c) (iii) of CSS Rules, approved service in the grade of Section Officer will count from 1″ July 2012. However, in terms of DPC guidelines, promotions are effective from a prospective date and no notional fixation of pay from a date prior to the date of actual promotion will be allowed Notification for regular promotion should be issued subject to the following conditions:
(i) the official concerned is clear from vigilance angle in terms of this Department’s a.M. No .22034/4/2012-Estt.(D) dated 02.11 .2012 and other relevant instructions on the subject;

(ii) Successful completion of Level ‘S’ Training of the officer may again be got verified:

(iii) If an officer is undergoing penalty notification should not be issued for regular promotion and in such cases notification should be issued only after the currency of the penalty is over in terms of DoPT’s a .M. No.22034/5/2004-Estt.(D) dated 15.12.2004. Such cases should also be informed to this Department.

(iv) The officers, who were in service on crucial dates but had retired as AssistanUSection Officer (ad-hoc) subsequently on superannuation or otherwise, have also been considered for inclusion of their names in the aforesaid Select List of Section Officers in pursuance of this Department’s OM No. 22011/4/98-Estt. (D) dated 12.10.1998 to identify the correct zone of consideration for the relevant Select List. However, their appointment should not be notified as retired persons would not be available to for actual promotion from a prospective date.

7. Details of persons promoted and otherwise, may be intimated to this department in the prescribed proforma (Annexure-II) to enable further necessary action to issue Select List of Section Officers for the year 2012, latest by 28-02-2015 .

8. All those officials who are included in the Select List 2012 are retained in their respective cadres on their promotion within the sanctioned strength of the cadre in the SO’s grade except those who have been transferred under RTP. It is emphasized that in case of officers under transfer under RTP, the DPC shall be conducted by the Cadre Units they are transferred to. Such officers may be relieved immediately to join new cadre to avail benefits of regular promotion.

9. Some officers included in the zone of promotion for Select List of Section Officers’ Grade for the year/2012 (Seniority Quota) may be on deputation as on date. To avail the benefit of promotion, such officers have tvvo options:

(i) They may repatriate to their parent cadre; or

(ii) They may avail proforma promotion from the date of promotion of their immediate junior.
All Ministries/Departments are, therefore, requested to consider the requests for proforma promotion, if any, in terms of this Department’s OM No. 6/8/2009-Estt (Pay-II) dated 17th June, 2010 and issue necessary orders without referring the matter to this department.

10. Copy of notifications should invariably be endorsed to this Department for record.

(V. Srinivasaragavan)
Under Secretary to the Government of India
Tele : 24629412

Encl: As above
To
1. Cadre authorities of CSS(DS/Director(Admn.)
2. General Secretary, CSS Section Officers’ Association, Mezzanine Floor, Sanchar
Shavan, New Delhi.
3. Director (CS-II)/US (CS.I-A)

Source: Government Order

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