Entry Pay to DR Appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits
CCS
(RP) Rules, 2008 - Section II of the Part 'A' of the First Schedule -
entry pay to DR appointed on or after 1.1.2006 and pay fixation in the
case of persons other than such direct recruits
No.8-23/2017-E.IIIA
Government of India
Ministry of Finance
Department Of Expenditure
North Block, New Delhi
28th September, 2018
Office Memorandum
Subject:
CCS
(RP) Rules, 2008 - Section II of the Part 'A' of the First Schedule -
entry pay to DR appointed on or after 1.1.2006 and pay fixation in the
case of persons other than such direct recruits.
The
undersigned is directed to invite the attention to the provisions
contained in Section-2 of Part 'A' of the First Schedule Of the Central
Civil Services (Revised Pay) Rules, 2008 which provides for entry pay in
the revised pay Structure (pay structure effective from 1.1.2006 up to
31.122015) for direct recruits appointed On or after 1.1.2006 on a post
and to say that pay in respect Of persons appointed to the same posts
before 1.1.2006 is required to be fixed as on 1.1.2006 under Rule 7 and
pay in respect persons appointed on the Same post on promotion on or
after 1.1.2006 is required to be fixed under Rule 13 thereof
2. A
number of references were received in Ministry of Finance, Department of
Expenditure. Stating that the pay of seniors of a post was fixed at a
stage lower than the entry pay applicable to the persons appointed on
direct recruitment basis on that post on or after 1.1.2006. In such
cases, steppiry of pay was allowed to the senior employee at par with
the entry pay of direct recruits of those posts, subject to the
conditions. inter-alia. that stepping up of pay of Seniors is applicable
only in those cases which have an element Of direct recruitment and
where a directly recruited junior is actually drawing more basic pay
than the seniors. Thus, the stepping up of pay of Senior employees was
admissible from the date a junior direct recruit joined on or after
1.1.2006
3. The matter was also considered in the meeting of the
National Anomaly Committee (NAC) held on 177.2012 based on a demand
raised by the Staff Side under the JCM NAC had recommended that in cases
where Recruitment Rules provide for direct recruitment, then the
Stepping up of pay of senior may be considered, even if no actual direct
recruitment takes place or no direct recruit has actually joined.
However. it was decided that stepping up of the pay of seniors can be
claimed only in the case of those cadres which have an element of direct
recruitment and in cases where a directly recruited junior is actually
drawing more basic pay than the Seniors. Thus, stepping up of pay was
dependent upon actual joiniry of a direct recruit.
4. Trained
Graduate Teachers (TGTs) of the Government of National Capital
Territories of Delhi (GFETD) filed OA No. 3217/2014 before the Honble
Bench of CAT. The 13 petitioners of the post Of Trained Graduate
Teachers (TGT) those who were appointed as TGT before 1.1.2006 as also
those who were promoted to the post of TGT on or after 1.1.2006. The pay
Of these 13 employees had been fixed as per the relevant provisions Of
the CCS(RP) Rules. 2008 and the happened to be lower than the entry pay
as applicable to direct recruits Of the post of TGT appointed on or
after 1.1.2006. These petitioners prayed for re-fixing their pay as
applicable to direct recruits appointed on or after 1.1.2006
5.
The Hon'ble Principal Bench of CAT in their order dated 4.4.2016 in OA
allowed the application and directed the Government to ensure that Of
the applicant'S pay is fixed at a Stee lower than the which could be
drawn by a direct recruit appointed an after 1.1_2006. The order of Hon
ble CAT dated 4.4.2016 was upheld by the Hon'ble Delhi High Court in
terms Of their order dated 2332017 in WP(C ) No.2634/2017. The Hon'ble
Delhi High Court in its order dated 23.32017 observed. that the plea of
stepping up of pay, as mentioned in para 2 above. means the direct
recruits should actually joined before any stepping up Of pay be granted
and the date of joining would be different as filling up of direct
recruit vacancies in the cadre would vacancy position. Selection etc.
The Hon'ble Delhi High held that this Was unacceptable.
6. The
arising Out Of the order Of Hon'ble Delhi High Court dated 23.32017 was
heard by the Hon'ble Supreme Court as part of the SLP md in its order
dated 01.09.2017 (by. No. 23663/2017). the Hon'ble Supreme Court has
observed that once the question, in principle. has been settled. it is
only appropriate on the part Of the Government to issue a Circular. The
Hon'ble Supreme Court further observed that the present Situation is that
the stepping up is available only to those who have approached the
Court, but since the issue other-wise became final, the Honble Supreme
Court directed Government to immediately look into the and issue
appropriate orders.
7. Accordingly, the nutter has been considered
in the light of the above background and in the context of the specific
orders of Hon'ble Supreme Court dated 0109.2017 as arising out Of the
origiml issue raised by the Trained Graduated Teachers Of Gt•ETD in
terms Of their OA No. 3217/2014. AS mentioned above. the petitioners in
that case were those who were appointed as TGT before 1.1.2006 Md also
promoted as TGT on after 1.1.2006. and had occasion for grievance
because their in the pay Structure in vogue from 1.12006 had been fixed
lower than the entry pay as prescribed for direct recruits appointed as
TGT on or after 1.1.2006. Therefore. the principle of the benefit of py
fixation, as flowing from the aforesaid orders Of Hon'ble CAT, Hon'ble
Delhi High Court and the Hon'ble Supreme Court, is that the pay of
those who were appointed to the post prior to 1.1.2006 and those who
were appointed to the post on promotion in the pay structure effective
from 1.1.2006 onwards, and where in respect of Such posts entry pay for
direct recruits appointed on or after l. 1.2006 has been prescribed
giving rise to differential pay, may not be lower than the said entry
pay. It is the case of differential pay in respect of employees Of a
post, as caused by the existence of entry pay applicable for direct
recruits on that post appointed on or after 1.12006, that has been
addressed in the aforesaid case Of the post of TGTs. In case entry pay
as per Section 11 of Part A of the First Schedule of the CCS(RP) Rules,
2008 is not applicable in case of a post, the Same will not give rise to
differential pay for holders of the post and, hence, not covered under
the ratio of the case of TGT.
8. Accordingly, the President is
pleased to decide that in respect of those posts where entry pay for
direct recruits appointed on or after 1.1.2006, as per Section 11 of
Part A Of the First Schedule of CCS(RP) Rules, 2008, becomes applicable
by virtue Of the provision of the element of direct recruitment in the
relevant recruitment rules, the pay of Central government employees who
were appointed to such posts prior to 1.1.2006 and whose pay, as fixed
in the revised pay Structure under Rule 7 thereof as on 1.1.2006 turns
out to be lower than the prescribed entry pay for direct recruits of
that post, shall not be less than such entry pay w.e.f. 1.1.2006.
Likewise. the pay of Central Government employees who were appointed to
such posts by way of promotion on or after 1.1.2006 and whose pay. as
fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the
said entry pay, Shall also not be less than such entry pay from the
date of their promotion taking place on or after 1.1.2006.
9.In
their application to the employees of office of Indian Audits and
Accounts Department. these orders issue after consultation with the
Comptroller and Auditor General Of India.
10.Hindi version of these orders is attached
sd/-
(Amar Nath Singh)
Director
Source: https://www.doe.gov.in/
