Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side
Cases
of promotion taking place in the pre-revised pay structure between
01.01.2006 and the date of notification of RS(RP)Rules, 2008
Shiva Gopal Mishra
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
No.NC/JCM/2018
Dated: November 6, 2018
The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi
Dear Sir,
Sub: Cases of promotion taking place in the
pre-revised pay structure between 01.01.2006 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.: MoF(Deptt. of Exp.)’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
Kindly call for my earlier letter of even
number dated 18th January, 2018(copy enclosed), through which your kind
attention was drawn towards MoF(Deptt. of Exp.)’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 supra 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. As they were not aware with the fact
that any such benefit of pay fixation under Rule-13 would be extended in
future as has been provided vide Deptt of Expenditure’s OM dated
16.10.2015, then they would not have exercised their option to switch
over to CCS(RP) Rules, 2008 w.e.f. from their respective dates
promotion/ financial upgradation, as per the option provided vide Deptt
of Expenditure’s OM dated 05.07.2010.
Further, as per instruction of 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.
However, benefit of pay fixation allowed
under Rule-13 of CCS(RP) Rules, 2008, as 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 contained 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
clarification to the Deptt. of Expenditure(Ministry of Finance).
Earlier, in similar cases, whenever Deptt.
of Expenditure’s OM brings about a material change in the basis for
exercise of option to come over to revised pay structure/unforeseen
developments and change of rule in terms of the CCS(Revised Pay) Rules,
opportunity to revise their option to come over to revised pay structure
has always been given(as it was given through Deptt. of Expenditure’s
OM dated 03.11.2013).
Also, it is also is heard that, DoPT is
agreed that, re-fixation of pay for merged post under Rule-13 of CCS(RP)
Rules-2008, on the basis of Department of Expenditure’s OM
No.-F-2-1/2015-E.III(A) dated-16.10.2015, were unforeseen
developments/change of rule. This brings a material change in the basis
for exercise of option to come over to the revised pay structure.
Hence, it is very clear that, Deptt. of
Expenditure’s OM dated 16.10.2015, brings a material change in the basis
for exercise of option to come over to revised pay structure,
unforeseen developments and change of rule in terms of the Railway
Services(Revised Pay) Rules, 2008. Hence, it is demanded that,
opportunity to revise their option to come over to revised pay
structure, under the rule of the CCS(RP) Rules, 2008, w.e.f. 01.01.2006,
may be given to those employees who are covered under the said letter
dated 16.10.2015, as it is more beneficial for them as now.
In view of the above, it is requested that,
necessary clarifications in this regard may kindly be communicated to
all the Ministries/Departments of the Government of India, so that,
aggrieved staff can get an opportunity to re-exercise their option,
under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules,
2008, w.e.f. 01.01.2006, and get 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.
Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)
Source: http://ncjcmstaffside.com
