Cases of promotion taking place in
the pre-revised pay structure between 1.1.2006 and the date of
notification of RS(RP)Rules, 2008 and the subsequent merger of the
pre-revised pay scales of the promotional and feeder posts in a common
grade – Fixation of Pay – Reg
Shiva Gopal Mishra
Secretary
Secretary
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np@gmail.com
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np@gmail.com
No.NC/JCM/2018
Dated: January 18, 2018
The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi
Ministry of Finance,
Department of Expenditure,
New Delhi
Dear Sir,
Sub: Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.
Sub: Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.
Ref.: (i) Deptt. of Expenditure, MoF’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III(A) dated 16.10.2015
Through this missive, your kind attention is drawn towards Department of
Expenditure’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it
was decided that, in cases where promotion took place in the pre-revised
pay structure during the period between 01.01.2006 and the date of
notification of CCS(RP) Rule, 2008 and subsequently promotional grade
merged with the feeder grade consequent upon promulgation of the CCS(RP)
Rules, 2008, the benefit of pay fixation shall be allowed under Rule 13
of CCS(RP) Rules, 2008.
In this connection, it is stated that, some of the government employees,
who have got promotion/financial upgradation between 01.01.2006 and
date of notification of the CCS(RP) Rules, 2008, exercised their option
to switch over to 6th CPC from the date of such promotion/financial
upgradation instead of 01.01.2006 as per option provided vide Deptt. of
Expenditure’s OM dated 05.07.2010, as the same was more beneficial to
them at that time. In this connection, it is pertinent to mention here
that, initially they opted to switch over to revised pay structure w.e.f
01.01.2006 prior to issuance of OM dated 05.07.2010.
Now, as per instruction of the Deptt. of Expenditure’s OM dated
16.10.2015, the benefit of pay fixation is being allowed under Rule-13
of CCS(RP) Rules, 2008, in those cases where promotional/financial
upgradation took place in the pre-revised pay structure between
01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and who
opted 6th CPC w.e.f. 01.01.2006.
However, it has to come to our knowledge that, the benefit of pay
fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as per the
provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being
extended to those employee who have opted to switched over to the
Railway Servant (RP) Rules, 2008 with effect from the date of
promotional/financial upgradation instead of 01.01.2006 by exercising
the option made available vide Deptt. of Expenditure’s OM dated
05.07.2010(as mentioned in para 2 above), although fulfilling other
conditions for getting the benefit of fixation as per the instructions
in Deptt. of Expenditure’s OM dated 16.10.2015.
It has also come to our knowledge that, some of the Railways have made a
reference on this issue seeking clarification regarding extending the
benefit of the above mentioned fixation to these employees after
providing opportunity for re-option to switched over to the RS(RP) 2008
(or CCS(RP) Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date
opted earlier. It is also understood that, Railway Board (Ministry of
Railways) has referred this issue of revision of option to switch over
to the 6th CPC in view of unforeseen events etc. to the Deptt. of
Expenditure(Ministry of finance). Despite elapse of more than 12 months,
no response has been received in this regard from Deptt. of
Expenditure(Ministry of Finance) to resolve the genuine demands of these
employees.
In this connection, it is stated that as these are the unforeseen
developments or change of rule, the opportunity to revise option for
fixation under the Rule of the CCS(RP) Rules, 2008 may be given to these
employees in these conditions, as it is more beneficial for them as
now. Had they were aware with the fact that any such benefit of pay
fixation would be extended in future (as has been provided vide Deptt of
Expenditure’s OM dated 16.10.2015), they would not have exercised their
option to switch over to CCS(RP) Rules, 2008 w.e.f. from their
respective dates of promotion/financial upgradation as per the option
provided vide Deptt. of Expenditure’s OM dated 05.07.2010.
In view of the above, you are requested to issue necessary
clarifications in this regard to all the Ministries/Departments of the
Government of India, so that, the aggrieved staff should get the
opportunity to re-exercise their option under rule-6 of CCS(RP) Rule,
2008 to switch over to CCS(RP) Rules, 2008 w.e.f. 01.01.2006 and get the
benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated
16.10.2015, so as to avoid financial loss to the affected staff.
With Regards!
sd/-
(Shiva Gopal Mishra)
Secretary(Staff Side)
National Council(JCM)
(Shiva Gopal Mishra)
Secretary(Staff Side)
National Council(JCM)
Source: http://ncjcmstaffside.com