Clarifications on the issues arising
in connection with the implementation of 7th CPC rules i.e. CCS(RP)
Rules, 2016 are to be referred to nodal ministry i.e. Ministry of
Finance(Department of Expenditure) as per the provisions contained at Para
No.17 of Gazette Notification dated 25.7.2016 issued by the Government of
India.
1)
Some of the clarifications are being published in www.sapost.blogspot.com on
implementation of Seventh Central Pay Commission. Here I would like to
make a mention that as per the Para No.17 of Gazette Notification dated
25.7.2016 issued by the Govt. relating to 7th CPC orders, it is
clearly mentioned that “if any question arises relating to the
interpretation of any of the provisions of these rules, it shall be referred to
the Central Government for decision”. Accordingly the queries
relating to 7th CPC are to be referred through proper channel to the
nodal ministry i.e. Ministry of Finance (Department of Expenditure) for
decision/clarification.
2)
Based on the clarifications being published in www.sapost.blogspot.com,
many of the officials are getting confused particularly about two issues.
(i) Issue
No.1:- Whether the officials who were
promoted/granted financial up-gradations under MACPS between the period from
2.1.2016 to 30.6.2016 can opt to switchover to new pay structure from the date
of their next increment in old pay structure (i.e. 1.7.2016) or not.
(ii) Issue
No.2:- Whether the officials who were due
to get their promotion/financial up-gradation under MACPS after the date of
issue of 7th CPC notification (i.e. 25.7.2016) can opt to continue
in old pay structure till they earn any subsequent increment in the old pay
structure (i.e. 1.7.2017, 1.7.2018 etc.) or not.
(A)
Discussion on Issue No. 1:-
Here it is to mention that there are two provisions available below Rule 5 of
CCS(RP) Rules, 2016. The 1st proviso to Rule 5 of
CCS(RP) Rules, 2016 allows the Govt. servant to continue to draw pay in the
existing pay structure until the date on which he earns his “next or
any subsequent increment in the existing pay structure”. The 2nd
proviso to Rule 5 of CCS(RP) Rules, 2016 allows the Govt. servant “to
switch over to the revised pay structure from the date of promotion or
upgradation” where such promotion or upgradation was granted between
1.1.2016 to the date of notification (i.e. 25.7.2016). However the 2nd
provision does not allow to switch over to revised pay structure in case
promotion/upgradation is due on a date later than the date of notification
(i.e. 25.7.2016). From a reading of these two provisions, there is no compulsion
that the Govt. servant (who was promoted between 1.1.2016 to 25.7.2016) should
necessarily switch over to revised pay structure from the date of
promotion/upgradatioin only. As per the 1st provision, the
Govt. servant can continue to draw pay in the old pay structure till the date
of next increment (i.e. 1.7.2016) and can switch over to the new pay structure
from 1.7.2016 by foregoing the arrears from 1.1.2016 to 30.6.2016. Here
some wrong interpretations are also occurring on the basis of Explanation 1
below Rule 5 of CCS(RP) Rules, 2016. The explanation 1 below Rule 5 is
to be read in conjunction with the Memorandum Explanatory to Rule 5 of the
CCS(RP) Rules, 2016 as mentioned at page 36 of Gazette notification dated
25.7.2016. It is clear from the Memorandum Explanatory to Rule 5 of
CCS(RP) Rules, 2016 at page 36 of Gazette Notification dated 25.7.2016 that the
condition of retaining only one existing pay band and grade pay or scale is
applicable in cases where there are two or more promotions involved between
1.1.2016 to 25.7.2016. For example:- An official drawing G.P of
Rs.2400/- got his 1st MACP to the G.P of Rs.2800/- in the month of
2/2016 and then he got another promotion (on account of passing in examination)
to the G.P of Rs.4200/- in the month of 5/2016. Then, he cannot retain
both pay bands & grade pay in old pay structure now. In such case the
official has to switch over to the new pay structure either from 1.1.2016 or
from the date on which he got 1st MACP (i.e. 2/2016) and then his
pay on promotion to the G.P. of Rs.4200/- will be fixed in revised pay
structure only. The rule is required to be applied in true spirit and
there should not be any ambiguity in allowing the Govt. servants who got only
one promotion/upgradation between 1.1.2016 to 30.6.2016 to exercise option to
switch over to new pay structure by continuing in old pay structure up to the
date of next increment in old pay structure i.e. 1.7.2016.
(B)Discussion
on Issue No. 2:- Here it is to mention that the 1st
proviso to Rule 5 of CCS(RP) Rules, 2016 allows the Govt. servant to
continue to draw pay in the existing pay structure until the date on which he
earns his “next or any subsequent increment in the existing pay
structure”. The 2nd proviso to Rule 5 of CCS(RP)
Rules, 2016 allows the Govt. servant “to switch over to the revised pay
structure from the date of promotion or upgradation” where such promotion
or upgradation was granted between 1.1.2016 to the date of notification (i.e.
25.7.2016). However the 2nd provision does not allow to switch
over to revised pay structure in case promotion/upgradation is due on a date
later than the date of notification (i.e. 25.7.2016). From a reading of
these two provisions, it is clear that the Govt. servant can continue to draw
pay in the existing pay structure till the date of earning subsequent
increment in the existing pay structure. The Govt. is well
aware of the fact that only one increment i.e. on 1.7.2016 was drawn to all the
Govt. servants in the old pay structure as on the date of issue of Gazette
notification dated 25.7.2016. If the Govt. does not want to allow Govt.
servants to continue in old pay structure after the date of notification i.e.
25.7.2016, then the word “subsequent increment” should have been
deleted in the Gazette notification dated 25.7.2016 in Rule 5 as well as in the
option form also. Thus in my opinion the Govt. servants can also
switch over to the new pay structure from the date of their earning subsequent
increment by foregoing the hike in salary as per 7th CPC orders from
1.1.2016 to the date opted by the Govt. servant i.e. 1.7.2017, 1.7.2018 etc.
3)
It is also mentioned at Para No.16 of Gazette notification dated 25.7.2016
that the President can dispense with or relax the requirements of the rules
provided the operation of all or any provisions of the 7th CPC rules
causes undue hardship in any particular case. As such, if any doubts
are raised relating to the issues in implementation of 7th CPC
orders which are in the nature of causing undue hardship to the officials, then
such issues are to be taken up through proper channel with the nodal ministry
i.e. Ministry of Finance (Department of Expenditure) for decision/clarification
to avoid loss to the Govt. servants.
