Latest DoPT Orders 2021

TIME BOUND
COURT MATTER
REMIDER-I

F.No.9/4/2019-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, dated the 26th November, 2021

OFFICE MEMORANDUM

Subject: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Sections Officers Grade than their juniors O.M. No. 18/2/2007-CS.1 dated 20.05.2014- Writ Petitions filed in the matter-reg.

The undersigned is directed to refer to this Department’s OM of even number dated 18.10.2021 and 10.11.2021 on the above subject to say that confirmation regarding filing of counter replies/taking action for getting the cases tagged with WP No.1225/2019, have been received only in respect of 10 out of 13 WPs filed in the above mentioned matter till date. Updated position is still awaited in respect of the following WPs:

2. The concerned Ministries/Departments are requested to furnish the status of these cases urgently and ensure to file replies in these matters at the earliest. This may please be treated as Most Immediate and the information as sought in para 4 of OM dated 18.10.2021 may be furnished to this Department immediately but not later than 01.12.2021.

(Zachariah Thomas)
Under Secretary to the Govt. of India

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Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors

Latest DoPT Orders 2021

F. No. 9/4/2019-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 18th October, 2021

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 – OM No.18/2/2007-CS-I dated 20.05.2014 – Writ Petitions filed in the matter – regarding.

The undersigned is directed to refer to this Department’s OM No.18/2/2014-CS-I(S) dated 01.07.2019 and OM of even number dated 18.10.2019 (copy enclosed) wherein instructions were issued to all the Ministries/ Departments participating in CSS for handling of Writ Petitions filed/being filed in the above matter.

2. These instructions provided that the first WP No.1225/2019 filed in the matter was being defended by this Department and the remaining WPs were to be defended by the administrative Ministry/ Department concerned based on inputs made available by this Department (reply filed in WP No.1225/2019) in consultation with Government Counsel after ensuring factual accuracy of the case.

3. These instructions further provided that all fresh cases filed in Delhi High Court in the matter might be duly reported to this Department by the Ministry/ Department concerned as and when the WPs were received at their end and the counter replies filed immediately in these matters, under intimation to this Department. The Ministries/ Departments had also been requested to get their cases tagged/ connected with WP No.1225/2019 so that all the cases containing similar cause of action could be heard together. A list of WPs filed in the matter, as per the information available in this Department, is attached as Annexure.

4. Accordingly, the Ministries/Departments concerned are requested to confirm that counter replies have already been filed by them in these matters and action has been taken to get these cases tagged with WP No.1225/2019. A copy of the counter reply so filed may be forwarded to this Department for records.  The matter is likely to be heard on 02.12.2021. If there is any other WP filed besides the above, the status with respect to the same may also be intimated to this Department.

5. This may please be treated as Most Immediate and the information as sought in para 4 above may be furnished to this Department immediately but not later than 25.10.2021.

(Zachariah Thomas)
Under Secretary to the Govt. of India

To (through DOPT website)

All Ministries/Departments of Government of India
(Director/Deputy Secretary (Admn./Estt. ))
New Delhi

ANNEXURE

LIST OF WRIT PETITIONS FILED IN STEPPING UP OF PAY MATTER

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Message No. 16/2021

STEPPING UP OF PAY – REGARDING

1. Consolidated Guidelines on Stepping Up of Pay was issued vide GoI, MoP, PG&P OM No 4/3/2017-Estt(Pay-I) dated 26/10/2018 which have since been made applicable to Indian Armed Forces Personnel vide MoD, New Delhi ID Note No 1(12)/2020/D(Pay/Services) dated 19/11/2020, which interalia stipulates that cases where Senior Army Officers draws less pay than the Junior Army Officer, the Pay of the Senior Army Officer will be stepped up with effect from the date of Promotion of the Junior Officer.
2. Consequent upon implementation of GoI, MoD, New Delhi OM No 1(20)/2017/D(Pay/ services)-Part-I dated 02/11/2020 read in conjunction with MoF, New Delhi OM No. 4-21/2017-IC/E/IIIA dated 28/11/2019, under which first increment after fixation of pay on Promotion is to be granted after successful completion of Six (6) months qualifying service in the promoted grade, anomaly in Pay has arisen wherein Senior Army Officers are drawing less pay than the Junior Officers from the date of next increment earned by the Junior Army Officer after fixation of Pay in the promoted grade.
3. In absence of any Specific/Special orders for Stepping Up of Pay from a date other than date of Promotion of Junior Officer, the matter has been referred by the CGDA, New Delhi to MoD, New Delhi for seeking clarification. Hence such cases for Stepping Up of Pay may be referred to the O/o the PCDA (O), Pune only after receipt of clarification from MoD, New Delhi in this regard.
4. This has been put up for the kind information of the Indian Army Officers, so that queries on the above issue are avoided.

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KENDRIYA VIDYALAYA SANGATHAN(HQ),
18, INSTITUTIONAL AREA SHAHEED JEET SINGH MARG,
NEW DELHI-110016.

F. 110239/58/ 2008/
KVS (Budget)

Dated: 20.07.2012

The Dy. Commissioner
Kendriya Vidyalaya Sangathan
All Regional Offices.

Subject:- Stepping up of pay of the promotee senior with direct recruited junior appointed on or after 01.01.2006.

Sir,
This is regarding stepping of pay of promotee senior with reference to direct recruited junior appointed after 01.01.2006.

1. The issue was examined in this office and referred to Ministry of HRD for clarification. Ministry of HRD vide letter No.F.3-43/2008/UT.2 dated 20th March 2009 has clarified that the stepping up of pay of the promotee senior with direct recruited junior appointed on or after 01.01.2006 may be agreed to subject to fulfillment of the following conditions:-

(a) Stepping up the basic pay of seniors under the above provision can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. In such cases, the basis pay of the seniors will be stepped up with reference to the basic pay of the junior.

(b) Using the above provision, Government servants cannot claim stepping up their revised basic pay with reference to entry pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 as laid down in Section II of Part A of First Schedule to the CCS (RP) Rules, 2008, if their cadre does not have an element of direct recruitment, or in cases were no junior is drawing basic pay higher than them.

(C) Stepping up of pay of the seniors in accordance with the above provision shall not be applicable in cases where direct recruits have been granted advance increments at the time of recruitment.

The issues prevailing in the region may be decided as per above clarifications.

Yours faithfully,

sd/-
(M.Arumugam)
Joint.Commissiner (Fin.)

Source: http://www.kvsangathan.nic.in/GeneralDocuments/ann-20-07-12.PDF

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