Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue - NC JCM Staff Side
Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E-Mail : nc.jcm.np@gmail.com
No.NC/JCM/2018
Dated: November 6, 2018
The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi
Dear Sir,
Sub:
Cases
of promotion taking place in the pre-revised pay structure between
01.01.2006 and the date of notification of RS(RP)Rules, 2008 and the
subsequent merger of the pre-revised pay scales of the promotional and
feeder posts in a common grade - Fixation of Pay - Reg.
Ref.: MoF(Deptt. of Exp.)'s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III (A) dated 16.10.2015
Kindly
call for my earlier letter of even number dated 18th January, 2018(copy
enclosed), through which your kind attention was drawn towards
MoF(Deptt. of Exp.)'s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015,
whereby it was decided that, in cases where promotion took place in the
pre-revised pay structure during the period between 01.01.2006 and the
date of notification of CCS(RP) Rule, 2008 and subsequently promotional
grade merged with the feeder grade consequent upon promulgation of the
CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under
Rule-13 of CCS(RP) Rules, 2008.
In this connection, it is stated
that, some of the government employees, who have got promotion/financial
upgradation between 01.01.2006 and date of notification of the CCS(RP)
Rules, 2008, exercised their option to switch over to 6th CPC from the
date of such promotion/financial upgradation, instead of 01.01.2006 as
per option provided vide Deptt. of Expenditure's OM supra dated
05.07.2010, as the same was more beneficial to them at that time. In
this connection, it is pertinent to mention here that, initially they
opted to switch over to revised pay structure w.e.f 01.01.2006 prior to
issuance of OM dated 05.07.2010. As they were not aware with the fact
that any such benefit of pay fixation under Rule-13 would be extended in
future as has been provided vide Deptt of Expenditure's OM dated
16.10.2015, then they would not have exercised their option to switch
over to CCS(RP) Rules, 2008 w.e.f. from their respective dates
promotion/ financial upgradation, as per the option provided vide Deptt
of Expenditure's OM dated 05.07.2010.
Further, as per instruction
of Deptt. of Expenditure's OM dated 16.10.2015, the benefit of pay
fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008 in those
cases where promotional/financial upgradation took place in the
pre-revised pay structure between 01.01.2006 and the date of
notification of CCS(RP) Rule, 2008.
However, benefit of pay
fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as the provision
of Deptt. of Expenditure's OM dated 16.10.2015, is not being extended to
those employee who have opted to switched over to the Railway
Servant(RP) Rules, 2008, with effect from the date of
promotional/financial upgradation instead of 01.01.2006, by exercising
the option made available vide Deptt. of Expenditure's OM dated
05.07.2010 (as mentioned in para 2 above), although fulfilling other
conditions for getting the benefit of fixation as per the instructions
contained in Deptt. of Expenditure's OM dated 16.10.2015.
It has
also come to our knowledge that, some of the Railways have made a
reference on this issue, seeking clarification regarding extending the
benefit of the above-mentioned fixation to these employees after
providing opportunity for re-option to switched over to the RS(RP) 2008
(or CCS(RP)Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date
opted earlier. It is also understood that, Railway Board (Ministry of
Railways) has referred this clarification to the Deptt. of
Expenditure(Ministry of Finance).
Earlier, in similar cases,
whenever Deptt. of Expenditure's OM brings about a material change in
the basis for exercise of option to come over to revised pay
structure/unforeseen developments and change of rule in terms of the
CCS(Revised Pay) Rules, opportunity to revise their option to come over
to revised pay structure has always been given(as it was given through
Deptt. of Expenditure's OM dated 03.11.2013).
Also, it is also is
heard that, DoPT is agreed that, re-fixation of pay for merged post
under Rule-13 of CCS(RP) Rules-2008, on the basis of Department of
Expenditure's OM No.-F-2-1/2015-E.III(A) dated-16.10.2015, were
unforeseen developments/change of rule. This brings a material change in
the basis for exercise of option to come over to the revised pay
structure.
Hence, it is very clear that, Deptt. of Expenditure's
OM dated 16.10.2015, brings a material change in the basis for exercise
of option to come over to revised pay structure, unforeseen developments
and change of rule in terms of the Railway Services(Revised Pay) Rules,
2008. Hence, it is demanded that, opportunity to revise their option to
come over to revised pay structure, under the rule of the CCS(RP)
Rules, 2008, w.e.f. 01.01.2006, may be given to those employees who are
covered under the said letter dated 16.10.2015, as it is more beneficial
for them as now.
In view of the above, it is requested that,
necessary clarifications in this regard may kindly be communicated to
all the Ministries/Departments of the Government of India, so that,
aggrieved staff can get an opportunity to re-exercise their option,
under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules,
2008, w.e.f. 01.01.2006, and get benefit of pay fixation provided vide
Deptt. of Expenditure's OM dated 16.10.2015, so as to avoid financial
loss to the affected staff.
Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)
Source: http://ncjcmstaffside.com
