Showing posts with label 6th CPC. Show all posts
Showing posts with label 6th CPC. Show all posts

Sunday, 12 September 2021

Download 6th CPC DA Order for Central Govt Employees from July 2021 PDF

 6th CPC DA hike for Central Government employees from 1st July 2021

6th CPC DA - 164% to 189% of the Basic Pay with effect from 01.07.2021.

Central Government employees DA as per 6th Pay Commission from July 2021 - 6th CPC DA hike DOE Order

Download 6th CPC DA Order for Central Govt Employees from July 2021 PDF

No. 1/3(1)/2008 -E.II(B)
Government of India
Ministry of Finance
Department of Expenditure


North Block, New Delhi
Dated the 13 August, 2021

OFFICE MEMORANDUM

Subject- Revised rates of Dearness Allowance to the employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scale/ Grade Pay as per 6th Central Pay Commission w.e.f. 01.07.2021

The undersigned is. directed to refer to this Department’s O.M. No. 1/3(1}/ 2008-E.1{B) dated 25 October 2019 revising the rate of Dearness Allowance (DA) w.e.f. 01.07.2019 in respect of employees of Central Government. and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scale/Grade Pay as per 6th Central Pay Commission and to this Department’s OM No. 1/1/2020- E.I(B) dated 23.04.2020 vide which instalments of Dearness Allowance to Central Government employees due from 01.01.2020, 01.07.2020 and 01.01.2021, were frozen.

  1. The rate of DA admissible to above categories of employees of Central Government and Central Autonomous Bodies shall be enhanced from the existing 164% to 189% of the Basic Pay with effect from 01.07.2021. The increase subsumes the additional instalments arising on 01.01.2020, 04.07.2020 and 01.01.2021, The rate of Deamess Allowance for the period from 07.04.2020 till 30.08.2024 shall remain at 164%.
  2. The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M.No.1(3)/2008-E.|I(B) dated 29 August, 2008-shall continue to be applicable while regulating Dearness Allowance under these orders. .
  3. The contents of this Office Memorandum may also be brought to the notice of all organisations under the administrative control of the Ministries/Departments which have adopted the Central Government scales of pay.

(Nirmala Dev)
Director

To
All Ministries/ Departments of the Government of India (as per standard distribution list).

Sunday, 11 October 2020

Reduction in the amount of 7th CPC Night Duty Allowance as compared to 6th CPC and imposition of pay ceiling at Rs. 43,600/- for entitlement of NDA

 NFIR

Reduction in the amount of 7th CPC Night Duty Allowance as compared to 6th CPC and imposition of pay ceiling at Rs. 43,600/- for entitlement of NDA

Dated: 07/10/2020

No.I/5(E)

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Reduction in the amount of NDA in 7th CPC as compared to 6th CPC and imposition of pay ceiling at Rs. 43,600/- p.m. for entitlement of NDA -reg

Ref: (i) NFIR’s PNM item No.35/2018.
(ii) NFIR’s letters No.I/5(E) dated 30th July, 2018, 7th December, 2018 and 18th March,2019.
(iii) Railway Board’s reply vide No.E(P&A)II-2017/HW-1 dated June,2020 to NFIR.
(iv) NFIR’s letter No. I/5(E) dated 24/07/2020 addressed to Railway Board.
(v) Railway Board’s letter No. E(P&A)II-2017/HW-1 dated 29/09/2020 (RBE No.83/020).

Responding to Railway Board’s reply vide letter No. E(P&A)II-2017/HW-1 dated June 2020 to the GS/NFIR, Federation vide its letter dated 27/07/2020, requested the Railway Board to provide a copy of the proposal sent to Department of Expenditure (DoE) for taking further action at Government’s level. It is however observed that copy has not been made available till now, while the Railway Board vide RBE No. 83/2020 dated 29/09/2020 since issued instructions revising the rates of Night Duty Allowance (NDA), fixing unjustified pay ceiling at Rs. 43,600/-per month for entitlement of Night Duty Allowance to be applicable with effect from 01/07/2017. The said decision of the Railway Ministry prescribing pay ceiling of Rs. 43,600/- per month has resulted in deprival of Night Duty Allowance to large number of Railway employees, therefore unacceptable to the Federation in view of the following:-

Also check: 7th CPC Night Duty Allowance – Payment of (NDA) pursuant to the recommendations of 7th Central Pay Commission

  • All Group ‘C’ Railway employees (working in GP 1800 to 4600, PB-1 & 2) are eligible to receive Night Duty Allowance (NDA) as could be verified vide Board’s letters dated 09/06/2016, 14/12/2016, 17/11/2017 & 08/03/2018. These provisions are also applicable to the Group ‘C’ Railway employees in GP 4600 and also those who got financial upgradation under MACPS in GP 4800 & 5400 respectively.
  • It is relevant to note that since 6th CPC pay of the Railway employees has been fixed in 7th CPC pay levels applying multiplication factor of 2.57, similar criteria should have been applied for fixing rates of Night Duty Allowance without imposing any ceiling limit.
  • With the issuance of Railway Board’s instructions vide dated 29/09/2020, prescribing pay ceiling of Rs. 43,600/-, the Railway employees working even in GP 1900, 2000, 2400/Pay Level 2, 3, 4 and above have been deprived of Night Duty Allowance, although they ‘continued to perform night duty for smooth running of train services at all times.
  • The decision of Railway Board vide letter dated 29-09-2020 prescribing pay ceiling of Rs.43,600/- p.m w.e.f. July 1, 2017 would also cause financial hardship to the staff who have already been paid Night Duty Allowance at the rates prevailed till date as it may lead to recovery of the NDA already paid. This situation may lead to resentment and agony among Group ‘C’ employees of all pay levels. The Railway Ministry should take initiative and place the case before DoP&T, highlighting the uniqueness and complex working to review and allow Railway to sort out the matter in consultation with the Federations.
  1. Federation also desires to re-iterate again that the issue relating to grant of Night Duty Allowance to Railway Employees w.e.f. 01-07-2016 and 01-01-2017 consequent to increase in the Dearness Allowance rates from 125% to 132% raised vide NFIR’s PNM Agenda Item No.35/2018 and discussed already has not yet been resolved, therefore the same needs to be addressed now.

NFIR, therefore, once again requests to Railway Board to kindly review and see that all the points relating to grant of Night Duty Allowance to Railway employees mentioned above and also in PNM Agenda No.15/2018 are addressed and the correspondence exchanged with the DoE be also made available to the Federation. An early action in the matter is solicited.

Also check: Implementation of Government decision on 7th CPC’s recommendations on Night Duty Allowance (NDA)

Yours faithfully,

(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

Monday, 2 March 2020

Fixation of railway employee salary on promotion in the 6th CPC pay structure


Fixation of railway employee salary on promotion in the 6th CPC pay structure
Fixation-of-pay-of-running-staff-on-promotion-in-the-6th-CPC-pay-structure



GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PC-VI/2018/R-U/NFIR/1

New Delhi, dated 13-02-2020

The General Manager (P)
All Zonal Railways/Production Units

Sub: Fixation of pay of running staff on promotion in the 6th CPC pay structure.

Clarifications have been sought by some of the Zonal Railways regarding minimum pay applicable on promotion of running staff in the 6th CPC pay structure. A detailed clarification in this regard had been issued to Western Railway and North Western Railway vide Board’s letter of even no. dated 28/08/2018 clarifying the position in terms of various provisions of RS(RP) Rules. 2008. A copy of Board’s above letter dated 28/08/2018 is being forwarded to all zonal Railways/ Production units to be read along with Board’s letter No. PCVI/2018/I/ RSRP/ l dated 12/10/2018 (RBE No.158/2018) for information and necessary action.

Also check: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016

DA: As Above.
( U.K.Tiwari)
Joint Director/ Pay Commission
Railway Board.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PCVI/2018/RU/NFIR/1

New Delhi, dated:- 28/08/2018

General Manager,
Western Railway,
Mumbai.
General Manager,
North Western Railway,
Jaipur.

(Attention: (i) Sh. Rajiv Ranjan Prasad, PCPO/NWRI
(ii) Sh. Sanjay Suri, PCPO/WRI

Sub: Clarification regarding irregular fixation of pay of Running Staff promoted on or after 01/01/2006.

Ref:
i) NFIR’s letter No. IV/RSAC/ Conf./Part IX dated 23/07/2018.
ii) Rajkot/ Jodhpur Division’s letter dated 12.01.2018/29.06.2018 respectively.
iii) Board’s letter No. PCVI/2017/ CPGRAMS/1 dated 17.08.2018 addressed to GM/WR regarding irregular pay fixation of running staff in Rajkot Division (Copy annexed).

This office is in receipt of NFIR’s letter dated 23/07/2018 (copy enclosed). wherein it has stated that there has been discrepancy in fixation of pay of Running Staff promoted on or after 01/01/2006 in Rajkot/ Jodhpur Division under Western Railway /North Western Railway respectively. In support of this, they have relied upon Rajkot/ Jodhpur Division’s letter dated 12.01.2018/29.06.2018 respectively (copy enclosed).

2. Prima facie observation of the concerned Division’s letter indicates there exists some confusion in the methodology of pay fixation of Running Staff promoted on or after 01/01/2006. As.the Railways are aware, the pay fixation of existing staff, already in service on the date of effect of RS(RP) Rules, 2008 viz. 01/01/2006, in the revised pay structure is governed by Rule 7 of above rules notified vide Gazette Notification No. GSR 643 (E) dated 04/09/2008 (RBE No.103/2008). For the above purpose, fitment tables were issued vide Board’s letter No. PCVI/2008/I/RSRP /1 dated 11/09/2008 (R.BE No. 108/2008) which are applicable to non­ running Staff. Since existing running Staff (already in service as on 01/01/2006) was in receipt of Dearness Allowance on Pay Element, separate fixation table were issued for fixation of their pay in revised pay structure in terms of Rule 7 of RS(RP) Rules. 2008 vide Board’s letter No. PCVI/2008/I/RSRP/1 dated 12/09/2008 (RBE No. 109/2008). As prescribed in Rule 7 of RS(RP) Rules, 2008, if fixation of pay as per Rule 7( 1)(A)(i) is short of minimum of applicable revised pay band (viz .Minimum of PB- 1 to PB-4 as applicable to the employee) or pay scale (applicable to HAG & higher grades), such minimum would be allowed , as laid down Rule 7(1)(ii). The provisions of Rule 7(1)(A)(ii) have already been taken care of while issuing fitment tables vide Board’s letter dated 11/09/2008 & 12/09/2008. The fitment tables are also applicable in the cases where an existing employee (already in service as on 01/01/2006 opts to have his pay fixation from a date later than 01/01 /2006, in terms of Rule 5 ,6 & 11 of RS(RP) Rules, 2008 as clarified vide Clarification No.3 of Board’s letter No. PCVI/2008/I/ RSRP/ dated 25/09/2008 (RBE No. 132/2008).

3. There is no prescribed minimum, other than minimum of the applicable pay band in the case of those promoted on or after 01/01/2006, where an employee is fixed in any of the applicable pay bands. The minimum pay in pay band as prescribed in First Schedule Part A, Section II of RS(RP) Rules, 2008 and corresponding stipulation in first schedules annexed with Board’s letter dated 11/09/2008 (RBE No. 108/2008) is applicable only for direct recruits appointed on or after 01/01/2006 belonging to Running as well as non running categories. The position has been clarified in detail in Board’s letter No. PCVI/2010/I/ RSRP/1 dated 17/02/2010 (RBE No. 28/2010). As such once the pay of any existing employee (already in service as on 01/01/2006) is fixed in revised pay structure in the applicable pay band as per the provisions of Rule 7 or 11 and he is subsequently promoted to a post in same or other pay band, his fixation has tp be made as per Rule 13 Even at this stage, the minimum of applicable pay band (PB-1 to PB-4) or scale (HAG or above) as applicable is to be ensured.

4. In view of this. it is requested that the Rajkot / Jodhpur Division’s letter dated 12-01-2018/ 29-06-2018 respectively be examined in light of relevant instructions and the necessary corrective action taken and thereafter, the position be advised to this office. Further if any specific point of doubt arises, the same may be referred to this office for clarification along with the views of PFA of the Railways.

DA: As above.
(S.Balachandra Iyer)

Executive Director/Pay Commission – II
Railway Board

Sunday, 23 February 2020

Defence - 6th CPC up-graded pay scales to the Fire Fighting Employees

Defence

6th CPC up-graded pay scales to the Fire Fighting Employees
No.Pay/Tech-I/ 01(6th CPC), Cir No - 2

Dated 12/02/2020

Tod
The All CFAs

Subject: Grant of up-graded pay scales to the Fire Fighting staff in Ministry of Defence as per 6th CPC recommendation

A copy of Government of India MoD letter No F. No.50266/6/PC/ EMECiv(C-2)178- F/D (O-II)2019, dated- 05/12/2019 on the above subject received vide CGDA No-CGDA/ Navy/CG/07/General Corr/201 9, dated-30/01 /2020, is forwarded herewith for information, guidance and compliance, please.


S.NoDesignationPre revised pay scalesRevised pay scales
1FiremanRs.2750 - 4400PB-1+GP-1900
2Leading Hand Fireman 'A'Rs.3050-4590PB-1+GP-2000
3Leading Hand Fireman 'B'Rs.4000-6000PB-1+GP-2800
4Fire MasterRs.4500-7000PB-1+GP-4200
Enclosure: As above
Defence - 6th CPC up-graded pay scales to the Fire Fighting Employees

AC of A(Fys)

Saturday, 25 January 2020

MACP SCHEME MACPS FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES ORIGINAL ORDER DATED MAY 2009

Latest MACP orders from DoPT

MACP SCHEME MACPS FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES ORIGINAL ORDER DATED MAY 2009

IMMEDIATE

No.35034/3/2008-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi, the 19th May, 2009

OFFICE MEMORANDUM

SUBJECT: MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

The Sixth Central Pay Commission (6CPC) in Para 6.1.15 of its report, has recommended Modified Assured Career Progression Scheme (MACPS). As per the recommendations, financial upgradation will be available in the next higher grade pay whenever an employee has completed 12 years continuous service in the same grade. However, not more than two financial upgradations shall be given in the entire career, as was provided in the previous Scheme. The Scheme will also be available to all posts belonging to Group "A" whether isolated or not. However, organised Group "A" services will not be covered under the Scheme

2. The Government has considered the recommendations of the Sixth Central Pay Commission for introduction of a MACPS and has accepted the same with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service.

3. The Scheme would be known as "MODIFIED ASSURED CAREER PROGRESSION. SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES. This Scheme is in supersession of previous ACP Scheme and clarifications issued there under and shall be applicable to all regularly appointed Group "A", "B", and "C" Central Government Civilian Employees except officers of the Organised Group "A" Service. The status of Group "0" employees would cease on their completion of prescribed training, as recommended by the Sixth Central Pay Commission and would be treated as Group "C" employees. Casual employees, including those granted 'temporary status' and employees appointed in the Government only on adhoc or contract basis shall not qualify for benefits under the aforesaid Scheme. The details of the MACP Scheme and conditions for grant of the financial upgradation under the Scheme are given in Annexure-I.

4. An Screening Committee shall be constituted in each Department to consider the case for grant of financial upgradations under the MACP Scheme. The Screening Committee shall consist of a Chairperson and two members. The members of the Committee shall comprise officers holding posts which are at least one level above the grade in which the MACP is to be considered and not below the rank of Under Secretary equivalent in the Government. The Chairperson should generally be a grade above the members of the Committee.

5. The recommendations of the Screening Committee shall be placed before the Secretary in cases where the Committee is constituted in the Ministry / Department or before the Head of the organisation / competent authority in other cases for approval.

6. In order to prevent undue strain on the administrative machinery, the Screening Committee shall follow a time-schedule and meet twice in a financial year - preferably in the first week of January and first week of July of a year for advance processing of the cases maturing in that half. Accordingly, cases maturing during the first-half (April - September) of a particular financial year shall be taken up for consideration by the screening Committee meeting in the first week of January. Similarly, the Screening Committee meeting in the first week of July of any financial year shall process the cases that would be maturing during the second-half (October - March) of the same financial year.

7. However, to make the MACP Scheme operational, the Cadre Controlling Authorities shall constitute the first Screening Committee within a month from the date of issue of these instructions to consider the cases maturing upto 30th June, 2009 for grant of benefits under the MACPS.

8. In so far as persons serving in The Indian Audit and Accounts Departments are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

9. Any interpretation / clarification of doubt as to the scope and meaning of the provisions of the MACP Scheme shall be given by the Department of Personnel and Training (Establishment-D). The scheme would be operational w.e.f. 01.09.2008. In other words, financial upgradations as per the provisions of the earlier ACP Scheme (of August, 1999) would be granted till 31.08.2008.

10. No stepping up of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme.

11. It is clarified that no past cases would be re-opened. Further, while implementing the MACP Scheme, the differences in pay scales on account of grant of financial upgradation under the old ACP Scheme (of August 1999) and under the MACP Scheme within the same cadre shall not be construed as an anomaly.

12. Hindi version will follow.

(S.Jainendra Kumar)
Deputy Secretary to the Govt. Of India

ANNEXURE-I

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS)

1. There shall be three financial upgradation s under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade-pay.

2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1 , Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organisation will be given only at the time of regular promotion.

3. The financial upgradation s under the MACPS would be admissible up-to the highest grade pay of Rs. 12000/- in the PB-4.

4. Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the 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 MACPS. However, at the time of actual promotion if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. To illustrate, in case a Government Servant joins as a direct recruit in the grade pay of Rs. 1900 in PB-1 and he gets no promotion till completion of 10 years of service, he will be granted financial upgradation under MACPS in the next higher grade pay of Rs. 2000 and his pay will be fixed by granting him one increment plus the difference of grade pay (i.e. Rs. 100). After availing financial upgradation under MACPS, if the Government servant gets his regular promotion in the hierarchy of his cadre, which is to the grade of Rs. 2400, on regular promotion, he will only be granted the difference of grade pay between Rs. 2000 and Rs. 2400. No additional increment win be granted at this stage.

5. Promotions earned / upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales / upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS.

Illustration-1
The pre-revised hierarchy (in ascending order) in a particular organization was as under:-
  • A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000-8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006,in his case as on 1.1.2006he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.
  • Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.
In the case of both (a) and (b) above, the promotions / financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006will be ignored on account of merger of the pre-revised scales of Rs. 5000- 8000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth cpe. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2.

6. In the case of all the employees granted financial upgradations under ACPS till 01.01.2006, their revised pay will be fixed with reference to the pay scale granted to them under the ACPS.

6.1 In the case of ACP upgradations granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS (RP) Rules, 2008 to have his pay fixed in the revised pay structure either (a) w.eJ. 01.01.2006 with reference to his pre-revised scale as on 01.01.2006; or (b) w.e.f. the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP. ln case of option (b), he shall be entitled to draw his arrears of pay only from the date of his option i.e. the date of financial upgradation under ACP.

6.2 In cases where financial upgradation had been granted to Government servants in the next higher scale in the hierarchy of their cadre as per the provisions of the ACP Scheme of August, 1999, but whereas as a result of the implementation of Sixth CPC's recommendations, the next higher post in the hierarchy of the cadre has been upgraded by granting a higher grade pay, the pay of such employees in the revised pay structure will be fixed with reference to the higher grade pay granted to the post. To illustrate, in the case of Jr. Engineer in CPWD, who was granted ]"t ACP in his hierarchy to the grade of Asstt. Engineer in the pre-revised scale of Rs.6500-10500 corresponding to the revised grade pay of Rs.4200 in the pay band PB-2, he win now be granted grade pay of Rs4600 in the pay band PB-2 consequent upon upgradation of the post of Asstt. Enggs.In CPWD by granting them the grade pay of Rs.4600 in PB-2 as a result of Sixth CPC's recommendation. However, from the date of implementation of the MACPS, all the financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of grade pays in pay bands as notified vide CCS (Revised Pay) Rules, 2008.

7. With regard to fixation of his pay on grant of promotion / financial upgradation under MACP Scheme, a Government servant has an option under FR22 (1) (a) (1) to get his pay fixed in the higher post/ grade pay either from the date of his promotion/upgradation or from the date of his next increment viz. 1st July of the year. The pay and the date of increment would be flxed in accordance with clarification no.2 of Department of Expenditure's O.M. No.1/1/2008-1C dated 13.09.2008.
8. Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

8.1 Consequent upon the implementation of Sixth CPe's recommendations, grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.

9. 'Regular service' for the purposes of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-employment basis. Service rendered on adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purposes of MACPS only (and not for the regular promotions). However, benefits under the MACPS in such cases shall not be considered till the satisfactory completion of the probation period in the new post.

10. Past service rendered by a Government employee in a State Government / statutory body / Autonomous body / Public Sector organisation, before appointment in the Government shall not be counted towards Regular Service.

Also check 7th CPC MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

11. 'Regular service' shall include all periods spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority.

12. The MACPS shall also be applicable to work charged employees, if their service conditions are comparable with the staff' of regular establishment.

13. Existing time-bound promotion scheme, including in-situ promotion scheme, Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry / Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.

14. The MACPS is directly applicable only to Central Government Civilian employees. It will not get automatically extended to employees of Central Autonomous / Statutory Bodies under the administrative control of a Ministry / Department. Keeping in view the financial implications involved, a conscious decision in this regard shall have to be taken by the respective Governing Body/Board of Directors and the administrative Ministry concerned and where it is proposed to adopt the MACPS, prior concurrence of Ministry of Finance shall be obtained.

15. If a financial upgradations under the MACPS is deferred and not allowed after 10 years in a grade pay, due to the reason of the employees being unfit or due to departmental proceedings, etc., this would have consequential effect on the subsequent financial upgradation which would also get deferred to the extent of delay in grant of first financial upgradation.

16. On grant of financial upgradation under the Scheme, there shall be no change in the designation, classification or higher status. However, financial and certain other benefits which are linked to the pay drawn by an employee such as HBA, allotment of Government accommodation shall be permitted.

17. The financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-1.Thereafter for upgradation under the MACPS the benchmark of 'good' would be applicable till the grade pay of Rs. 6600/- in PB-3. The benchmark will be 'Very Good' for financial upgradation to the grade pay of Rs.7600 and above.

18. In the matter of disciplinary/ penalty proceedings, grant of benefit under the MACPS shall be subject to rules governing normal promotion. Such cases shall, therefore, be regulated under the provisions of the CCS (CCA) Rules, 1965 and instructions issued thereunder.

19. The MACPS contemplates merely placement on personal basis in the immediate higher Grade pay /grant of financial benefits only and shall not amount to actuallfunctional promotion of the employees concerned. Therefore, no reservation orders/roster shall apply to the MACPS, which shall extend its benefits uniformly to all eligible SC/ST employees also. However, the rules of reservation in promotion shall be ensured at the time of regular promotion. For this reason, it shall not be mandatory to associate members of SC/ST in the Screening Committee meant to consider cases for grant of financial upgradation under the Scheme.

20. Financial upgradation under the MACPS shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employee in the grade has got higher pay/grade pay under the MACPS.

21. Pay drawn in the pay band and the grade pay allowed under the MACPS shall be taken as the basis for determining the terminal benefits in respect of the retiring employee.

22. If Group "A" Government employee, who was not covered under the ACP Scheme has now become entitled to say third financial upgradation directly, having completed 30 year's regular service, his pay shall be fixed successively in next three immediate higher grade pays in the hierarchy of revised pay-bands and grade pays allowing the benefit of 3% pay fixation at every stage. Pay of persons becoming eligible for second financial upgradation may also be fixed accordingly.

23. In case an employee is declared surplus in his / her organisation and appointed in the same pay-scale or lower scale of pay in the new organization, the regular service rendered by him/her in the previous organisation shall be counted towards the regular service in his/her new organisation for the purpose of giving nnancial upgradation under the MACPS.

24. In case of an employee after getting promotion/ACP seeks unilateral transfer on a lower post or lower scale, he will be entitled only for second and third nnancial upgradations on completion of 20/30 years of regular service under the MACPS, as the case may be, from the date of his initial appointment to the post in the new organization.

25. If a regular promotion has been offered but was refused by the employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the second the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.

26. Cases of persons holding higher posts purely on adhoc basis shall also be considered by the Screening Committee alongwith others. They may be allowed the benefit of financial upgradation on reversion to the lower post or if it is beneficial vis-a-vis the pay drawn on adhoc basis.

27. Employees on deputation need not revert to the parent Department for availing the benefit of financial upgradation under the MACPS. They may exercise a fresh option to draw the pay in the pay band and the grade pay of the post held by them or the pay plus grade pay admissible to them under the MACPS, whichever is beneficial.

28. Illustrations :

A (i) If a Government servant (LDC) in PB-l in the Grade Pay of Rs.1000 gets his first regular promotion (UDC) in the PB-1 in the Grade Pay of Rs.2400 on completion of 8 years of service and then continues in the same Grade Pay for further 10 years without any promotion then he would be eligible for 2nd financial upgradation under the MACPS in the PB-1 in the Grade Pay of Rs.2800 after completion of 18 years (8+10 years).

(ii) In case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the PB-II in Grade Pay of Rs.4200 on completion of further 10 years of service i.e. after 28 years (8+10+10).

(iii) However, if he gets 2nd promotion after 5 years of further service in the pay PB-II in the Grade Pay of Rs.4200 (Asstt. Grade/Grade "C") i.e. on completion of 23 years (8+10+5years) then he would get 3rd financial upgradation after completion of 30 years i.e. 10 years after the 2nd ACP in the PB-II in the Grade Pay of Rs.4600.

MACP SCHEME MACPS FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES ORIGINAL ORDER DATED MAY 2009



Wednesday, 20 November 2019

MACP CAT Chandigarh - Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

MACP CAT Chandigarh

Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

MACP-Promotion-Grade-Pay-CAT-Chandigarh-judgement



CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA. 063/00687/2018
MA No. 063/00460/2019
Reserved on : 24.09.2019
Pronounced on: 14.11.2019
HON’BLE MR. SANJEEV KAUSHIK, MEMBER(J)
HON’BLE MR. A.K. BISHNOI , MEMBER(A)
  1. Shalini Naagi wife of Sh. Suraj Prakash, aged 49 years r/o H. No. 261, Gurdev Nagar, Zirkpur, Distt. Mohali (Pb) Office Superintendent, (Group ‘B’ Non Gazetted), Office of Additional Surveyor General, Northern Zone, Survey of India, Chandigarh.
  2. Satbir Singh son of Sh. Surjan Singh, aged 59 years, r/o H. No. 565, Sector 32-A, Chandigarh, Office Superintendent, (Group „B‟ Non-Gazetted) Office of Director HP GDC, Survey of India, Chandigarh.
  3. Habib Ahmad Siddiqui son of Late Sh. N.M. Siddiqui, aged 59 years r/o H. No. 603/B, Sector 32- A, Chandigarh, Office Superintendent, (Group „B‟ Non Gazetted) Office of Director Punjab, Haryana and Chandigarh GDC, Survey of India, Chandigarh.
…APPLICANTS
(Through Shri R.C. Sharma, Advocate)
VERSUS
  1. Union of India, through Secretary to Government of India,Ministry of Science and Technology, New Mehrauli Road, Block C, Admin, New Delhi-110 016.
  2. The Surveyor General of India, Hathibarkala Estate, Dehradun, Uttrakhand.
  3. The Additional Surveyor General, Northern Zone, Survey of India, Sector 32-A, Chandigarh.
  4. Director, Punjab, Haryana and Chandigarh GDC, Survey of India, Sector 32-A, Chandigarh.
  5. Director, Himachal Pradesh GDC, Survey of India, Sector 32-A, Chandigarh.
…….RESPONDENTS
(Through Shri K.K. Thakur, Advocate)

ORDER

MR. A.K. BISHNOI, MEMBER (A):

The applicants have filed the present Original Application seeking the following reliefs:
“It is respectfully prayed that in view of the submissions made above this Hon’ble Tribunal may be pleased to set aside the impugned letters/ orders impugned communications/letters dated 22.05.2017 of the Respondent No.1 (Annexure A-6) and impugned letters dated 09.06.2017 and 01.12.2017 of the respondent number 2 (Annexure A-7 and A-8) effecting reversal and cancellation of the benefit of MACP granted to the applicants.”

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

2. Briefly, the facts of the case are as follows:

2.1 On implementation of Sixth Central Pay Commission (CPC) with effect from 01.01.2006, both the posts of Assistant and Office Superintendent (OS) were merged and assigned the same pay band and grade pay i.e. Pay Band of Rs. 9300-34800 (PB 2) with Grade Pay of Rs. 4200/-. On 15.06.2009, MACP Scheme was notified requiring financial upgradation on completion of 10, 20 and 30 years of service or 10 years of service in same grade pay.

2.2 The applicants were granted third MACP with effect from 30.07.2014, 27.09.2013 and 16.12.2012 vide letters dated 28.07.2014, 03.03.2014 and 03.01.2013 respectively on completion of 30 years of service and on remaining in the same grade pay for ten years. Some persons junior to the applicants who had not been promoted, were granted the benefit of third MACP with Grade Pay of Rs.4600/-. The applicants continued to receive pay and allowances on the basis of pay fixed after grant of MACP. However, through communication dated 22.05.2017, it was informed by respondent no.1 to respondent no.2 that MACP was not admissible to the applicants as the promotion from the post of Assistant to OS cannot be ignored for this purpose.

2.3 Subsequently, vide orders dated 09.06.2017 and 01.12.2017 (Annexures A-7 and A-8), the grant of MACP to the applicants was reversed. The applicants thereafter submitted representations to reconsider the decision of reducing the grade pay (Annexures A-9, A-10 and A-11) but no relief was granted by the respondents. Applicants have relied on the judgment rendered by the Hon‟ble Delhi High Court in Government of NCT of Delhi & Anr. Vs. S.K. Saraswat & Ors. decided on 09.05.2016 to fortify their stand.

3. The respondents in their counter reply have submitted that the applicants were promoted to the post of Office Superintendent from the post of Assistants on the dates as given above and were performing higher duties, but, in view of the merger of pay scales of Assistant and Office Superintendent as per Sixth CPC, the applicants were not granted any financial benefit on promotion from Assistant to the post of Superintendent at that stage. But, later on, as per the clarification dated 07.01.2013 received from Ministry of Finance, the applicants were granted the benefit of pay fixation by giving 3% increment and on completion of 30 years of regular service, they were granted third MACP with Grade Pay of Rs. 4600/- in PB-3 of Rs. 9300-34800. However, later on in view of some query raised, vide letter dated 22.05.2017, it was informed as follows:-
  • Assistants who have already received MACP in the Grade Pay of Rs. 4600/- are not eligible for any financial benefit on regular promotion to the post of Office Superintendent.
  • No MACP is eligible to Office Superintendent by ignoring his promotion from the post of Assistant to Office Superintendent.
3.1. In view of the above instructions, the third MACP benefits granted to the applicants were cancelled and the fixation of pay in respect of the concerned officers was carried out as per SGO‟s letter dated 09.06.2017 (Annexure A-7).

3.2. Respondents have further submitted that they always have a right to rectify the mistake and in this regard, they have cited the judgments in Jagdish Prajapati Vs. the State of Rajasthan and Ors., 1998 (2) ATJ, P-286, Anand Prakash Vs. State of Punjab, 2005 (4) RSJ 749 and Raj Kumar Batra Vs. State of Haryana, 1992 (1) SCT 129.

4. Shri R.C. Sharma, learned counsel appearing on behalf of the applicants vehemently contended that the action of the respondents in withdrawing the MACP benefits was contrary to the spirit of the Scheme and in this regard specifically referred to para 5 of the MACP Scheme according to which where two posts have been merged and after merger carry the same grade pay, then the effect of promotion from one of these posts to the other shall be ignored for the purpose of granting upgradation under the MACP.

5. Shri K.K. Thakur, learned counsel for the respondents, on the other hand, argued that in terms of para 8 of the MACP Scheme, promotions earned in the post carrying same grade pay in the promotional hierarchy, shall be counted for the purpose of MACP.

6. We have carefully gone through the pleadings on record and also the arguments advanced by the learned counsel for both sides. We have also considered the judgments cited by the two sides.
7. For clarity of understanding some parts of the MACP Scheme are extracted below:

“2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organization will be given only at the time of regular promotion.

xxxx xxxx xxxx

5. Promotions earned / upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales / upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs.

Illustration - 1

The pre-revised hierarchy (in ascending order) in a particular organization was as under:-
Rs. 5000-8000, Rs. 5500-9000 & Rs. 6500-10500.

(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000- 8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.

(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000- 8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.


In the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006 will be ignored on account of merger of the pre-revised scales of Rs. 50008000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2.”

8. Para 8 of the Scheme is reproduced as follows:

“8. Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

8.1 Consequent upon the implementation of Sixth CPC’s recommendations, Grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.”

9. This issue relating to the effect of merger of pay scales has been examined in extensive and minute detail by the Hon’ble High Court of Delhi in S.K. Saraswat (supra), the relevant portions of the judgment are extracted below:

“4. In order to appreciate and understand the controversy, we would like to refer to the basic facts. The respondents, 55 in number are direct appointees to the post of Principal. Their pay- scale as in the case of Education Officer and Assistant Director of Education prior to the implementation of the Sixth Pay Commission was Rs.10,000 – 15,200. The pre-revised pay scale in the promotional post of Deputy Director of Education was Rs.12,000 – 16,500. On the recommendation of the Sixth Pay Commission, the pay scales of Principal, Education Officer and Assistant Director of Education were enhanced and merged with the pay scale of Deputy Director of Education, i.e. Rs.12,000 – 16,500. Accordingly, employees holding the post of Principal, Education Officer, Assistant Director of Education or Deputy Director of Education became entitled to an equal/identical pay-scale of Rs.12,000 – 16,500, and revised pay scale of Grade Pay of Rs.7600 in Pay Band -3 [Rs.15,600 – 39100]. It is in this factual matrix that the issue arises whether the Tribunal was justified in accepting the plea and contention of the respondents that they would be entitled to first financial upgradation in the Grade Pay of Rs.8700, second financial upgradation in the Grade Pay of Rs.8900 and third financial upgradation in the Grade Pay of Rs.10000.

5. As noted above, the petitioners herein had earlier issued letter dated 22nd October, 2009 accepting the said position, but have later on changed their stand and stance and have positioned that the respondents would be entitled to financial upgradation only in the Grade Pay of Rs.7600 in Pay Band-3. In other words, there would not be any increase in grade pay of Rs 7600, but respondents would be entitled to benefit in the form of increments under Fundamental Rule 22(1)(a)(i).
xxxx xxxx xxxx xxxx

7. xxxx xxxx xxxx xxxx


The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.

xxxx xxxx xxxx xxxx

12. Paragraph 5 of the MACP Scheme refers to both- upgradations granted under the erstwhile ACP Scheme and promotions earned in the past to grades which have merged as a result of merger of pay-scales or upgradation of posts. These have to be ignored, and the reason is illuminate. Merger of pay scales nullifies and negates the very objective and purpose of the Scheme. Thus, promotions earned or upgradations granted under the ACP Scheme when they have merged, either as a result of merger of posts or pay scales, have to be ignored for the purpose of granting upgradations under the MACP Scheme. Mandate of Rule 4 is clarified by way of an illustration, which is instructive. A government servant, recruited in the hierarchy in the pre-revised pay-scale of Rs.5000-8000 and granted financial upgradations in the pre-revised pay-scale of Rs.5500-9000 and Rs.6500-10500, on merger of the aforesaid three pay-scales would be entitled to financial upgradations in the Grade Pay of Rs.4600 and Rs.4800 in Pay Band-2. Such government servant would not be paid the Grade Pay of Rs.4200 in Pay Band-2, which is the grade pay corresponding to pre-revised pay-scales. The reason is that pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, have been merged into one pay-scale.

xxxx xxxx xxxx xxxx

17. Paragraph 8 also deals with computation for the purpose of MACP Scheme. In the beginning itself, we would say and accept that paragraph 8 is ambiguous and confusing. It is not happily worded. One way of reading the said paragraph, which consists of one sentence, is in the manner suggested by the petitioners i.e. promotions in the hierarchy which have the same grade pay shall be counted for the purpose of MACP Scheme. In other words, if the promotional post carries the same grade pay, the promotion will still be counted or treated as financial upgradation for the purpose of the MACP Scheme. However, this interpretation would be counter to and is in conflict with the precept and foundation of the MACP Scheme, which, as noticed above, refers to the immediate next higher grade pay in the hierarchy given in Section 1, Part-A of the first schedule of the Rules. The difficulty in accepting this interpretation is that it will over-turn the basis and edifice of the said Scheme and would be contrary to paragraphs 1, 2, 4, 5 and 6.2. We have already noticed these paragraphs, including paragraph 2 and interpreted the same. Paragraph 2 states that financial upgradation under the MACP Scheme cannot be understood and applied with reference to promotional pay-scales, for the same can be different. This is clear from the second sentence of paragraph 2. The third and the last sentence of paragraph 2 by way of an illustration accepts that the higher grade pay attached to the next promotional post in the hierarchy will be given at the time of regular promotion. We would observe that use of word “higher” in the last sentence is for the purpose of demonstration to rule out confusion and ambiguity. It is possible that the next higher promotional post may well have pay-scale of the lower post. It is in this context that the recommendations of the Sixth Pay Commission in paragraph 6.1.15 are relevant. If the legislature i.e. the Government, which had issued the Scheme, wanted to restrict financial upgradation and not collate it to the next higher grade pay in the hierarchy, it would have stipulated as such in Section 1, Part-A of the Rules. The said stipulation, would have been properly clarified and so stated in paragraph 2 itself. The second sentence of paragraph 2 expressly and clearly states that the grade pay at the time of financial upgradation under the MACP Scheme can in some cases be different from the pay-scale/grade pay applicable on regular promotion. The second sentence does not refer only to the situation where the grade pay is higher in the promotional post. The third sentence in paragraph 2 is also by way of an illustration. Consequence of the interpretation, as suggested by the petitioners would be an absurdity, contradiction and cause hardship. We would hesitate to observe that this was the legislative intent. Such interpretation would frustrate the core foundation of the Scheme.

xxxx xxxx xxxx xxxx

18. In view of the aforesaid discussion, we do not find any merit in the present writ petition and the same is dismissed. In the facts of the present case, there will be no order as to costs.”

10. It can clearly be seen that the present case is squarely covered by the judgement of the Hon‟ble High Court of Delhi in S.K. Saraswat (supra).

11. From a reading of Para 5 of the MACP Scheme, it is abundantly clear that the case of the applicants is fully governed by the said provision. Further, from the illustration given with Para 5 of the MACP Scheme, there is no doubt left whatsoever. Para 8 of the Scheme is of a general nature, in a different context and cannot be said to have overriding effect on Para 5 of the Scheme, which is very specific.

12. As for the case law cited by the respondents, in the facts and circumstances of the case they lend no support to the arguments advanced by the respondents.

13. In view of the above, the OA is allowed and the impugned orders are set aside. The applicants shall be granted all consequential benefits within a period of sixty days of the receipt of a certified copy of this order. No order as to costs.
(A.K. Bishnoi), Member (A)
(Sanjeev Kaushik), Member (J)
Source: CAT Chandigarh

Sunday, 15 September 2019

West Bengal 6th PC implementation - Revised Pay Structure from January 2020


WB 6th PC implementation - Revised Pay Structure from January 2020

West Bengal 6th Pay Commission implementation - Revised Pay Structure from January 2020


On 13th September 2019, the State Chief Minister Mamta Banerjee stated in Kolkata that the Pay Panel Committee submitted its first report to the Government and the recommendations of the report will accept, she added.

The minimum basic pay may be raised to Rs.17.990 from the existing of level of Rs. 7000.
As per the recommendations of the Pay Commission report, the minimum gross salary will be more than Rs. 20,000 and the Gratuity ceiling will be increased to 10 lakh.


The Pay Commission also recommended to Dearness allowance merge with basic pay with new pay bands.

About then thousand crore rupees will be spent additionally from State exchequer for implementing all the recommendations of 6th pay commission including new pay structure to West Bengal Government Employees.

Wednesday, 24 July 2019

Revision of Pension of pre 2016 pensioners after implementation of 7th Pay Commissions recommendations – anomaly in determining notional pay

DoPT Orders 2019

Revision of Pension of pre 2016 pensioners after implementation of 7th Pay Commissions recommendations – anomaly in determining notional pay

No.29018/02/2019. AIS-II(Pension)
Government of India,
Ministry of Personnel, P.G. and Pensions
Department of Personnel and Training
AIS-II (Pension)

To,
All Chief Secretaries to the States

Subject: Revision of pension of pre 2016 pensioners after implementation of seventh Central pay Commissions recommendations-anomaly in determining notional pay.

Sir,
I am directed to refer to various communications from State Governments on the above subject and to state that the matter raised in various representations of the pensioners seeking revision of their pension after implementation of 7th CPC recommendations, has been examined in this Department in consultation with Department of Pensions and Pensioner’s Welfare.

The basis for the re-fixation of the pension of pre-2016 pensioners are DoPT OM No.14021/4/2016-AIS-1I dated 19th May, 2017 (mutatis-mutandis based on DoP&PW OM dated 38/37/2018-P&PW(A) dated 12th May,2017) and the Concordance Tables issued by DoP&PW vide OM dated 38/37/2018-P&PW(A) dated 6th July,2017.

Prior to re-fixation of the pension of pre-2016 pensioners / family pensioners etc., following instructions/ pension may be followed:-

   " (a) Para 4 of the OM dated 12th May, 2017 provides inter alia that the “revised pension / family pension w.e.f 01.01.2016 in respect of all Central Civil pensioners retired prior to 01.01.2016, may be revised by notionally fixing their pay in pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulas approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. Further, para 7 of the OM provides inter alia that in case of those Government servants who retired or died on or after 01.01.1986 but before 1.1.2016, the actual pay and the pay scale from which they retired or died would be taken into consideration for the purpose of calculation of the notional pay as on 01.01.2016 in accordance with para 4 above.

    (b) Accordingly, the pay of pre-2016 pensioners was notionally fixed in relevant cell of pay matrix of 7th CPC as per the formula of pay fixation approved by the Government. The pay of the serving IAS officers (including of Selection Grade officers) is also fixed in relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision from 6th CPC to 7th CPC as approved by the Government. Also, the pay of serving officers who had been promoted on 1.1.2016 in JAG or Selection Grade is first fixed in the relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision approved by the Government. Thereafter, they had to be promoted in next scale and their pay fixed in that level as per IAS Pay Rules 2016, granting them two increment in the promotion level.


    (c) The pay of only those officers who were promoted on or after 1.1.2016 is to be fixed in 3rd cell of level-13. The pay of the officers who were already in selection grade i.e. level-13 as on 1.1.2016 is fixed as per the formula of pay revision from 6th to 7th Central Pay Commission (CPC). The notional pay of the officers who had retired before 01.01.2016 has to be similarly fixed. Therefore, the contention of any pensioner that his/her notional pay cannot be in any case less than the lowest level at which the pay of a serving officer of the Selection Grade of IAS can be fixed, is not tenable. Their pay is to be notionally arrived at by the formula of pay revision from 6th CPC to 7th CPC at par with other serving IAS officers."


Pension of pre-2016 pensioners/ family pensioner may be revised w.e.f 1.1.2016 in accordance with the instructions contained in D/o P&PW OM dated 12.5.2017.

Accordingly, the representations of pre-2016 pensioners may be examined by the State Government and the concerned pensioner(s) may be informed.

This issues is with the approval of the competent authority.

(Sandeep Kumar Sinha)
Under Secretary to the Government of India

Source: DoPT

Saturday, 13 July 2019

Health Insurance Scheme for CGHS Beneficiaries

Ministry of Health and Family Welfare
Health Insurance Scheme for CGHS Beneficiaries

12 JUL 2019

The Sixth Central Pay Commission in its report had recommended the introduction of a Health Insurance Scheme for central government employees and pensioners and their dependent family members on pan India basis. Ministry of Health & Family Welfare has framed the draft health Insurance Scheme. OPD facilities are not covered under the proposed scheme. The draft scheme has been sent to the Department of Expenditure, Government of India, for appraisal and approval of the financial feasibility of the scheme.

The Minister of State (Health and Family Welfare), Sh Ashwini Kumar Choubey stated this in a written reply in the Lok Sabha here today.

PIB

Friday, 19 April 2019

NFIR - Special Allowance to Nursing Superintendents working in Operation Theatre/Intensive Care Unit-revision of Allowances

NFIR - Special Allowance to Nursing Superintendents working in Operation Theatre/Intensive Care Unit-revision of Allowances

No.I/5(g)/Part VI
Dated: 18/04/2019
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Special Allowance to Nursing Superintendents working in Operation Theatre/Intensive Care Unit-revision of Allowances-reg.

Ref: (i) NFIR’s PNM Item No. 1-B/2012.
(ii) Railway Board’s OM No.E(P&A)I-2009/SP-1/Gen1/1 dated 09/07/2010 and 08/10/2013.
(iii) NFIR’s letter No. I/5(g) dated 08/11/2012 & no.1/5 (g)/Pt.V dated 02/09/2013 and 13/01/2014.
(iv) Ministry of Health & Family Welfare letter no. Z.28015/2012013 – N dated 17th October 2013 copy endorsed to NFIR.
(v) Railway Board’s letter No. E(P&A)I-2012/FE-4/1 dated 23/01/2014.
(vi) NFIR’s letter No. I/5(g)/Part V dated 21/10/2014, 20/10/2015, 30/05/2017 & letter No. I/5(g)/Part VI dated 20/09/2017.
(vii) O.M. No. Z.28015/52/2017-N dated 27th September, 2017 issued by the Ministry of Health & Family Welfare to all ministries/departments (Government of India).
(viii) NFIR’s letter No. I/5 (g)/Part VI dated 16/10/2017.
(ix) Railway Board’s letter No. E(P&A)I-2017/SP-1/MH-1 dated 27/12/2017.
(x) NFIR’s letter No. I/5(g)/Part VI dated 05/01/2018.
(xi) Railway Board’s letter No. E(P&A)I-2012/FE-4/1 dated 27/02/2018 to GS/NFIR

The Railway Board vide reply sent to the Federation under letter dated 27/02/2018 (NFIR’s PNM Agenda Item No. 1-B/2012) on payment of Special Allowance to Nursing Personnel working in Operation Theatre/Incentive Care Units etc., has admitted that the issue is still under consideration in consultation with MoH & FW, the nodal Ministry, whose reply is still awaited despite several reminders and the Ministry of Railways cannot take decision for revision of rates of the Special Allowance from Rs. 120 p.m. to Rs. 360 pm. unilaterally and that as and when such a communication is received from MoH & FW, the rates will be revised. Similar position has also been conveyed to the Federation during NFIR’s PNM meeting held with the Railway Board on 10/11-05-2018 through Action Taken Statement as the Agenda Item could not be discussed due to paucity of time. Federation feels sad that though a period of more than ten months passed, there has been no progress in the matter, while the subject is under discussion since over six years.

In this connection, Federation places following points for consideration in order to take independent decision on the issue:-

The 6th CPC vide Para No. 4.2.81 relating to Miscellaneous Allowances made following recommendation :-

“Similarly, rates of Allowances specific to different Ministries/Departments/ Organizations not covered in this report will also be doubled. The rates of these Allowances will be increased by 25% every time the Dearness Allowance payable on revised pay scales goes up by 50%”.

The above recommendation of the 6th CPC was accepted by the Government as notified in the Gazette of India: Extraordinary-29/08/2009.

Consequently, the operation Theatre Allowance (Special Allowance) to Nursing Personnel working in the Operation Theatres/ICUs etc., should have been doubled from Rs.120 p.m. to Rs.240 p.m. w.e.f. 01-09-2008. This amount should have been revised to Rs.300 p.m. w.e.f 01-01-2011 due to DA hike upto 50%. Similarly, the Special Allowance should have again been revised to Rs.360 p.m. w.e.f. 01-01- 2014 as the DA touched 100% of pay.

It is noteworthy to appreciate that the Railway Board have issued orders independently, revising the rates of Operation Theatre Allowance and other Specialized Allowances to the Nursing Personnel working in the Railway Hospitals vide letter dated 27-12-2017, consequent upon acceptance of the recommendations of 7th CPC.

Note: Railway Board may also take into account that many Nursing personnel have since retired after 01-09-2008, therefore they should also be covered for payment of the Special Allowance.
Federation also brings to the notice of Railway Board that the first O.M.vide No.E(P&A)I- 2009/SP-1/Genl/1 dated 09-07-2010 was sent by the Railway Ministry to the Ministry of Health & Family Welfare i.e more than nine years ago which shows that abnormal delay had already been caused in the matter while the Allowance as per the 7th CPC recommendations have already been implemented.
NFIR again requests the Railway Board to consider the above points and accord approval, revising the Special Allowance from Rs.120 p.m to Rs.240 p.m., Rs.300 p.m and Rs.360 p.m. to the Nursing Personnel with effect from the dates mentioned above. A copy of the order may be endorsed to the Federation.
Yours faithfully,
(Dr.M.Raghavaiah)
General Secretary
Source: NFIR

Thursday, 28 February 2019

DoPT: Restriction of officiating pay under FR 35 in the context of CCS (Revised Pay) Rules, 2016


DoPT: Restriction of officiating pay under FR 35 in the context of CCS (Revised Pay) Rules, 2016.

No. 1/4/2017-Estt.(Pay-I)
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 28th February, 2019
OFFICE MEMORANDUM

Subject: Restriction of officiating pay under FR 35 in the context of CCS (Revised Pay) Rules, 2016- regarding

The undersigned is directed to state that in terms of the provisions contained in Fundamental Rule 35 (FR 35), the Central Government may fix the pay of an officiating Government servant at an amount less than admissible under the Fundamental Rules. Accordingly, orders have been issued from time to time indicating the circumstances and the extent to which provisions of FR 35 would apply. In this row, this Department vide OM No. 1/4/2009-Estt(Pay-I) dated 08.03.2010 laid down the ceilings for restriction of basic pay under FR 35 in running pay bands and grade pay system in the 6th CPC scenario.

The question of revising these ceilings after implementation of CCS (RP) Rules, 2016 has been considered by the Government and the President is pleased to decide that the pay under FR 35 shall be restricted in a manner so that the increase in the basic pay of the post held by the Government Servant prior to the officiating appointment shall not exceed 12.5% subject to a maximum of Rs. 6700 per month. Any increase in excess of 12.5% of the basic pay with a further ceiling of Rs. 6700 per month shall be treated as substantial increase for the purposes of FR 35.

In case of appointment on promotion in the normal line within the cadre but which are not on regular basis, initially the pay may also be fixed under relevant rules. After such fixation of pay, if it is found that there is no substantial increase in the pay so fixed as defined in para 2 above, the restriction under FR 35 will not be applied as shown in Illustration 1.

However, after such fixation of pay, if it is found that there is substantial increase in the pay so fixed, the restriction as mentioned in para 2 above will be applied. In that case, after restriction of basic pay if there is no such Cell equal to the amount so arrived after restriction is available in the Level of Pay Matrix of the officiating post, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached, as shown in Illustration 2. The Government servant will earn his annual increment on the basic pay so fixed after imposition of restrictions under FR 35.

However, in the cases where the pay of the officer after imposition of the restrictions in the manner indicated above is fixed at less than the value of the first Cell of the Level of the officiating post, in that case, his pay will be fixed in the Level of post held by him before such officiating appointment. If no such Cell equal to the amount so arrived after restriction is available in the Level of post held by him before such officiating appointment, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached and he will draw his annual increment(s) in that Level of the lower post till he reaches the minimum of the Level of the officiating post. After one year of reaching/surpassing the minimum of the Level of the officiating post, the officer will become entitled to increment in the Level of the officiating post and his pay will be fixed in Cell 2 of the Level of the pay matrix of the officiating post as shown in Illustration 3.
In cases of appointments on promotion in the normal line within the cadre but which are not on regular basis, the pay shall be restricted under FR 35 in the manner given above. However, restriction of officiating pay under FR 35 will not be invoked in respect of regular cadre promotion where the employee who becomes due for promotion falls within the zone of consideration and fulfils all the conditions of eligibility prescribed in the Recruitment Rules for promotion.

The new rates will be applicable with effect from the date an employee draws pay in the revised scale of pay applicable in accordance with Central Civil Services (Revised Pay) Rules, 2016.

In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the office of the Comptroller and Auditor General of India.

Hindi version will follow.
(Rajeev Bahree)
Under Secretary (Pay)
Tele: 23040489
To
All Ministries/ Departments of Government of India.

Annexure to No. 1 /4/2017-Estt.(Pay-I) dated the 28th February, 2019

Illustration 1

An officer was drawing pay of Rs.78500 in Cell 6 of Level 11 before his appointment to officiate in Level 12 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment.

On the date of his officiating appointment, he may be granted one increment (Cell 7 in Level 1 1-Rs.80900) and thereafter, he is to be placed at a cell equal to the figure so arrived (Rs.80900) in the Level 12. Since no such cell equal to Rs. 80900 is available in Level 12, he shall be placed at the next higher cell in that Level [Cell 2 of Level 12- Rs.81200/-]. After such fixation since there is only an increase of amount of Rs.2700 ( Rs. 81200-78500) which is less than 12.5% of the basic pay Rs.78500) of the post held earlier by the officer before such officiating appointment and further limit of Rs.6700/-, there is no substantial increase in the pay so fixed. The restrictions under FR 35 will, therefore, not apply in this case and his pay will be fixed at Rs.81200/- (Cell 2 in Level 12).

Illustration 2

An officer was drawing pay of Rs. 175500 in Cell 13 of Level 13 before his appointment to officiate in Level 14 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment. In this case, his pay is to be fixed in the following manner under FR 35:-

On the date of his officiating appointment, he may be granted one increment (Cell 14 of Level 13- Rs. 180800) in the Level (Level 13) of the post held by him before officiating appointment. Since no cell equal to 180800 is available in Level 14 he shall be placed at the next higher cell in that Level (Rs. 182700- Cell 9 of Level 14). By such fixation of pay, the increase in pay comes to Rs. 7200 (Rs. 182700-175500). Amount of /Increase of Rs.7200 is more than increase of Rs.6700/- permissible under FR 35 and as such this increase shall be treated as substantial increase for the purpose of restriction under FR 35. Thus, his pay is to be fixed at Rs. 182200 (175500+6700). However, as no such cell equivalent to the value of Rs. 182200 is available in Level 14, his pay is to be fixed at next Cell in Level 14, i.e. Rs. 182700 (Cell 9 in Level 14) breaching the limit of Rs.6700.

Illustration 3

An officer was drawing pay of Rs.36500 in Cell 2 of Level 6 before his appointment to officiate in Level 7 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment. In this case, his basic pay is to be fixed in the following manner under FR 35:- On the date of his officiating appointment, he may be granted one increment (Cell 3 of Level 6 Rs.37600) in the Level (Level 6) of the post held by him before officiating appointment. However, no cell equal to amount of Rs. 37600 is available in Level 7 as minimum Cell value in Level 7 is Rs.44900 (Cell 1 of Level 7). If his pay is fixed at Rs.44900 (Cell 1 of Level 7) the increase in pay comes to Rs. 8400 (Rs.44900-36500) which is more than increase of Rs.4562.5/- (12.5% of 36500) limit prescribed under this OM. As such this increase shall be treated as substantial increase for the purpose of restriction under FR 35. His basic pay is thus to be fixed at Rs.4 1062.5 (36500+4562.5) in the Level of the post held by him before such officiating appointment i.e. Level 6. Since no such Cell equal to the amount of Rs.41062.5 is available in Level 6, his pay is to be fixed at next Cell in that Level, i.e. Rs.4 1100 (Cell 6 in Level 6) breaching the limit of 12.5%.

Source: DoPT

Sunday, 10 February 2019

6th Central Pay Commission - Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 01.01.2006

6th Central Pay Commission - Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 01.01.2006.
No.1(15)/2012/D(Pen/Pol)
Government of India/Bharat Sarkar
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)
Dated 6th February 2019
To
The Chief of the Army Staff
The Chief of the Navil Staff
The Chief of the Air Staff

Subject: Implementation of the Government decision on the recommendations of the Sixth Central Pay Commission - Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 01.01.2006.

The undersigned is directed to refer to the provisions contained in this Ministry's letter No.17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 as amended vide this Ministry’s letter No.17(4)/2008/D(Pen/Policy) dated 20.09.2012 under which a note below Para 3(v) of the ibid MoD letter dated 18.08.2010 was inserted regarding non-applicability of provisions of letter dated 18.08.2010 to JCOs granted Honorary Commission as Leiutenant and Captain.

2. Further, in supersession of the provision contained in this Ministry’s letter No.17(4)/2008(2)/D(Pen/Policy) dated 20.09.2012, letter No.1(15)/2012/D(Pen/Policy) dated 17.01.2013 was issued under which it was decided that the provisions of MoD letter dated 18.08.2010 are also applicable to post 01.01.2006 JCOs/Ors granted Honorary Commission as Lieutenant and Captain with effect from 24.09.2012.

3. The President is now pleased to decide that provisions of this Ministry’s letter dated 18.08.2010 shall also be applicable to post 01.01.2006 JCOs/ORs granted Honorary Commission as Lieutenant and Captain. The notional pay in the revised pay structure for these ranks shall be worked out by adding pay in the revised pay band corresponding to the Fixed pay of Fifth CPC (in terms of Para 9(a) (i) of SAI 1/S/2008 as amended and equivalent instructions for Navy & Air Force)” plus the Grade pay and Military Service Pay introduced under Sixth CPC revised pay structure.

4. In view of the above, the note below Para 3(v) of this Ministry’s letter No. 17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 inserted vide this Ministry's letter No. 17(4)/2008(2)/D(Pen/Policy) dated 20.09.2012 may be considered as deleted.

5. The financial benefit in past cases shall be granted from 01.01.2006 or date of discharge/invalidment, whichever is later. In this regard, concerned PSA's would suo-moto issue Corr PPO based on the data of post 2006 retired Hony Commissioned Officers held with them.

6. All other terms and conditions shall remain unchanged.

7. This issue with the concurrence of the Finance Division of this Minister vide their ID No.10(15)/2015/FIN/PEN dated 02.01.2019

8. Hindi version will follow.
sd/-
(Manoj Sinha)
Deputy Secretary to the Govt. Of India

Monday, 31 December 2018

Allowance to Armed Forces


Ministry of Defence
Allowance to Armed Forces
31 DEC 2018
Taking note of the rigours of military life, the 6th Central Pay Commission (CPC) had recommended an additional, separate element of Pay for the Defence Forces called Military Service Pay (MSP) which the CPC intended would also maintain the edge enjoyed by the Defence Forces over the civilian scales. The Commission was of the view that the rate of MSP as a percentage of the existing pay has to be maintained in case of officers (up to the level of Brigadier / equivalent) as well as PBORs because the difficulties faced in field situations by both these categories are similar.

The 7th Central Pay Commission (CPC) had considered all aspects with regard to applicability of MSP including the rates while making its recommendations. This was done after considering the views of the Services in the matter. The 7th CPC has consciously decided not to create additional categories of personnel for the grant of MSP or to disturb the slab rates for the four categories for which it is being paid up to the level of Brigadiers. The Government after carefully considering the recommendations of the 7th CPC in respect of MSP has accepted and notified the same.

Besides MSP, Service personnel are entitled to several other allowances such as High Altitude Allowance, Field Area / Modified Field Area Allowance, Counter Insurgency Allowance etc which are paid based on risks and hardships involved at a location / in an operation.

Engine-wise capacity and interval in years allowed as regards vehicle PURCHASE for officers and jawans:

Eligibility
S. No.CategoryCCPeriodicity
(a)Officers (including Retd / Widows) 3000Once in Four Years.
(b)JCOs granted Honorary Commission & Equivalent (including Retd & Widows) 2500Once in Seven Years.
(c)JCOs & Equivalent(including Retd & Widows)2000Once in Service and Once after Retirement. First Car after ten years of Service. Gap between purchases of Two Cars to be Ten years. If the late husband had purchased a car each while in service / after retirement then the widow will not be eligible to buy a car. In case late husband had purchased only one car then widow can buy one car through CSD after gap of 10 years from the date of last purchase.
(d)OR & Equivalent(including Retd & Widows)1800Once in Service and Once after Retirement. First Car after ten years of Service. Gap between purchases of Two Cars to be Ten years. If the late husband had purchased a car each while in service / after retirement then the widow will not be eligible to buy a car. In case late husband had purchased only one car then widow can buy one car through CSD after gap of 10 years from the date of last purchase.

This information was given by Raksha Rajya Mantri Dr. Subhash Bhamre in a written reply to Shri Vishambhar Prasad Nishad and others in Rajya Sabha today.

PIB

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