GOVERNMENT OF INDIA
MINISTRY OF FINANCE
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO. 1227
ANSWERED ON MONDAY, FEBRUARY 10, 2020
MAGHA 21 I 1941 (SAKA)
MAGHA 21 I 1941 (SAKA)
SHRI KAUSHAL KISHORE
PAY FIXATION METHOD
Will the Minister of Finance be pleased to state:
(a) whether the pay-fixation method for regular promotion and MACP from
4200 Grade Pay to 4600 Pay are done in same manner for the Central
Government employees in departments following 6th Central Pay Commission
(CPC) and if not, the comments of the Ministry thereon;
(b) the details of the Rule 11 of the Central Civil Service {Revised Pay) Rule, 2008;
(c ) whether the Hon’ble Supreme Court has ordered for pay-fixation in
MACP case from 4200 Grade Pay to 4600 Grade Pay to a minimum of
Rs.18460/- under Rule 11 of the Central Civil Service (Revised Pay)
Rule, 2008 in Appeal No 3052/2019 in case of Union of India and others
in their judgment dated 14.03.2019 and if so,the details thereof and the
Government reaction thereto;
(d) whether the employees with similar/identical cases could use/rely on
the said order for applying for their pay- fixation or they have to
separately undergo the same strenuous and unnecessary lengthy litigation
process and if so, the details thereof ; and
(e) whether a general order is necessary or the copy of the above order after will be sufficient enough for seeking pay-fixation for employee having similar/identical cases and if not, the time by which the general orders will be brought by the Ministry for guiding the concerned Departments in this regard?
(e) whether a general order is necessary or the copy of the above order after will be sufficient enough for seeking pay-fixation for employee having similar/identical cases and if not, the time by which the general orders will be brought by the Ministry for guiding the concerned Departments in this regard?
ANSWER
MINISTER OF STATE FOR FINANCE
( SHRI ANURAG SINGH THAKUR )
{a) As per Rule 13 of Central Civil Services {Revised Pay) Rules
2008[CCS {RP) Rules 2008], the fixation of pay in the case of promotion
from one Grade Pay to another Grade Pay is required to be done by
granting one increment equal to 3% of the sum of the Pay in the Pay Band
and the existing Grade Pay of the particular post will be computed and
rounded off to next multiple of 10. This will be added to the existing
Pay in the Pay Band. The Grade Pay corresponding to the promotion post
will thereafter be granted in addition to this Pay in the Pay Band.
No separate method of fixation has been prescribed under MACP scheme.
The benefit of pay fixation available at the time of regular promotion
shall also be allowed at the time of financial upgradation under MACP
scheme. Therefore, the pay shall be raised by 3% of total Pay in the Pay
Band and Grade Pay drawn before such upgradation. There shall, however,
be no further fixation of pay at the time of regular promotion if it is
in the same Grade Pay as granted under MACP scheme. However, at the
time of actual promotion if it happens to be in a post carrying higher
Grade Pay than what is available under MACP scheme, no pay fixation
would be available and only difference of Grade Pay would be made
available. Further, in case of promotion to a higher Grade Pay other
than what has been given under MACP, the employee shall have the option
to draw the difference of Grade Pays from the date of such regular
promotion/grant of Non-Functional Scale or the date of accrual of next
increment in the pay allowed under MACP.
(b) The Rule 11 of CCS (RP) Rules, 2008 provides that where a Government
servant continues to draw his pay in the existing scale and is brought
over to the revised pay structure from a date later than 1st day of
January , 2006, his Pay from the later date in the revised pay structure
shall be fixed in the following manner:-
Pay in the Pay Band will be fixed by adding the Basic Pay applicable on
the later date, the Dearness Pay applicable on that date and the
pre-revised Dearness Allowance based on rates applicable as on
01.01.2006 . This figure will be rounded off to the next multiple of 10
and will then become the Pay in the applicable Pay Band. In addition to
this, the Grade Pay corresponding to the pre-revised pay scale will be
payable. Where the Government servant is in receipt of special pay or
non-practicing allowance, the methodology followed will be as prescribed
in Rule 7(i),(B),(C) or (D) as applicable, except that the basic pay
and dearness pay to be taken in to account will be the basic pay and
dearness pay applicable as on that date but dearness allowance will be
calculated as per rates applicable on 1.1.2006.
(c ) No, sir. Hon’ble Supreme Court has directed to fix the pay in terms of Rule 11 of CCS (RP) Rules 2008.
(d) The claims of the employees for fixation of pay in revised pay
structure are to be addressed by the concerned Ministries/ Departments
strictly in terms of CCS (RP) Rules 2008 in consultation with Ministry
of Finance/Department of Expenditure wherever required;
(e) Hon’ble Supreme Court judgment dated 14.03.2019 in Civil Appeal No.
3052/2019 in the case of Union of India and others vs Raj Kumar Anand
and others is specific to pay fixation matter of Shri Raj Kumar Anand
and others and is in consonance with CCS(RP) Rules, 2008. Therefore, no
general order I Office Memorandum is required to be issued by this
Ministry/Department.
Source : Lok Sabha Question