DoPT: Stepping up of pay-Consolidated guidelines

DoPT: Stepping up of pay-Consolidated guidelines

No.4/3/20 17-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated the 26th October, 2018

OFFICE MEMORANDUM

Subject:- Stepping up of pay-Consolidated guidelines-reg.

The undersigned is directed to say that the issue of anomaly relating to senior Government employees drawing less pay than their juniors due to application of provisions of FR 22(I)(a)(1) is considered on merits for allowing stepping up pay of the seniors so as to bring it at par with that of the junior in accordance with the guidelines scattered in various OMs noted in the margin. A need has been felt to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016, [in short CCS(RP)Rules, 2016] as the frequent references on such issues continue to be received in this Department.

2. Consequent upon implementation of CCS(RP)Rules, 2016, the President is pleased to decide the following:

(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after 1-1-2016 drawing lower pay in that post than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the pay of the senior Government servant in the higher post should be stepped up to a figure equal to the pay as fixed for the junior Government servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior Government servant and will be subject to the following conditions, namely:

(a) both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the Level in the Pay Matrix of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For example, if the junior officer was drawing
more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this subrule should not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

3. The following instances/events wherein juniors draw more pay than seniors, do not constitute anomaly and, therefore, stepping up of pay will not be admissible in such events:

(a) Where a senior proceeds on Extra Ordinary Leave which results in postponement of his Date of Next Increment in the lower post and consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade than his junior(s);

(b) If a senior forgoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier and the junior draws higher pay than the senior.

(c) If the senior is on deputation while junior avails of the ad-hoc promotion in the cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or regular promotion following such adhoc promotion in the higher posts vis-à-vis senior, is not an anomaly in strict sense of the term;

(d) If a senior joins the higher post later than the junior, for whatsoever reasons, whereby he starts drawing less pay than the junior. In such cases, senior cannot claim stepping up of pay at par with that
of his junior.
(e) If a senior is appointed later than the junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post if he draws less pay than his junior though he may have been promoted earlier to the higher post.

(f) Where an employee is promoted from lower post to a higher post, his pay is fixed with reference to the pay drawn by him in the lower post under FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer length of service in the lower grade, his pay may get fixed at a higher stage than that of a senior direct recruit appointed to the same higher grade and whose pay is fixed under different set of rules. For example a Senior Secretariat Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO) gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level, applicable to ASO to which he is appointed. In such a case, the senior ASO (DR) cannot claim pay parity with that of the promotee junior ASO.

(g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less pay than his junior who is appointed in the same cadre and in same post on ad-hoc basis subsequently, the senior cannot claim pay parity with reference to the pay of that junior since the ad-hoc officiating service in higher post is reversible and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc promotion but only on regular promotion following such ad-hoc promotion without break.

(h) Where a junior gets more pay due to additional increments earned on acquiring higher qualifications.

Note: The above instances/events are only illustrative and not exhaustive.

4. These orders shall be in supersession of D/o Expenditure’s OM No.F.2(78)-E.III(A)63 dated 2nd February, 1966 and DOP&T’s OM No.4/7/92-Estt(Pay-I) dated 4th November, 1993.

5. This OM is effective from 0 1.01.2016.

6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.

7. Hindi version will follow.

sd/-
(Rajeev Bahree)
Under Secretary to the Government of India.

View Order
Source: https://dopt.gov.in/

Stepping up of Pay of Loco Inspectors - NFIR

Stepping up of pay of Loco Inspectors, inducted prior to 01/01/2006 on six and half zones

No.II/95/2018

Dated: 23/07/2018

The Chairman,
Railway Board,
New Delhi

Dear Sir,
Sub: Implementation of negotiated settlement reached with the Federations - stepping up of pay of Loco Inspectors, inducted prior to 01/01/2006 on six and half zones-reg.

Ref: (i) NFIR's DC/JCM Item No. 10/2012.
(ii) NFIR's letter No. II/95/Part X dated 05/10/2017.
(iii) Railway Board’s letter No. E(P&A)II-2008/RS-37 dated 16/11/2017.
(iv) NFIR's letter No. II/95/Part X dated 25/11/2017.

NFIR desires to remind the CRB that the Railway Board has unfortunately failed to implement quite a few number of agreements reached with the Federations. One such agreement is “stepping up of pay of Loco Inspectors inducted prior to 01/01/2006” on 6 ½ Zonal Railways.

In this connection, NFIR desires to reiterate that in a full Board meeting held with both the Federations on 07/02/2014, the Railway Board Chairman had given written assurance for implementation of stepping up of pay to the Sr.Loco Inspectors inducted prior to 01/01/2006 (on the remaining 6 ½ Zones), similar to 10 Zones where stepping up of pay to Sr.Loco Inspector had already been granted. The issue thereafter has been discussed very many times by the undersigned with the CRB-latest on 06/06/2018 wherein assurance was again given for quick finalization. On 13th July, 2018, the GS/NFIR has also mentioned to CRB while handing over list of important items pending since long.

Federation also conveys that the Railway Board have lost about a dozen SLPs in the Apex Court as the same, have been dismissed. Similarly, the SLP No. 14746/2018, operative portion of the order is reproduced below:-

"We grant a period of eight weeks to the petitioners to implement the orders. We make it clear that in case the orders are not implemented within eight weeks from today, the arrears will carry interest at the rate of 18% and the officer(s) responsible for the same shall be personally liable for the same.
Pending interlocutory application(s) is/are disposed of".

Apart from above, Federation also brings to the notice of the CRB that there are about 23 Court cases pending in various Courts on the same subject at Jabalpur, Jaipur, Mumbai, Kolkata, Ernakulam (17 in cases CAT and 6 cases in High Court) where these Courts cannot take a different view than that of orders passed by the Hon’ble Supreme Court. The litigation pursued by the Railway Administration needs to be halted in the interest of Railways and its employees.

Incidentally, it is mentioned that the Federation vide its letter No. II/95/Part X dated 05/10/2017 had apprised the estimated financial implications as a result of allowing stepping up of pay of Chief Loco Inspectors (on remaining 6 ½ Zones). NFIR has also given constructive and workable suggestion during the meeting in the chamber of Addl. Member (Staff) with regard to modification of extant policy for filling the posts of Loco Inspectors so as to avoid further grievances. AM (Elec), AM (Budget) etc., were present in the meeting. If the issue is settled as proposed by the Federation, the above type of problem will not arise in future and there may not be Court cases.

NFIR, therefore, once again requests the CRB to kindly see that immediate action is taken for granting stepping up of pay to the Loco Inspectors (inducted prior to 01/01/2006 on the remaining 6 ½ Zones) as agreed to already. Federation also requests to see that the Railway Board send reply indicating the progress made for implementation of agreement.

Yours faithfully,
sd/-
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

Stepping up of pay of senior of CSS promotion in the Officers Grade than juniors

Stepping up of pay of senior of CSS promotion in the Officers Grade than juniors

F.No.18/2/2014-CS-I(S)
Government of India
Ministry of PG & Pensions
Department of personnel & Training

2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market
New Delhi, the 6th November, 2017

OFFICE MEMORANDUM

Subject: Stepping up of pay of senior of CSS promotion in the Officers Grade than juniors - reg.

Representations have been received from some CSS officers in whose case re-fixation and recovery orders have been issued by concerned Ministries/Departments in pursuance to DOPT 0M 20.05.2014, requesting withdrawal of the OMs referred above.

2. It is once again clarified that 0M No.5/16/80-CS.l dated 13.4.1988 was issued on acceptance of award by Board of Arbitration in CA Reference No.7 of 1984 which allowed stepping up of pay at an Assistant of CSS, who is senior by virtue of having been recruited through an earlier examination but is drawing less pay on promotion in the Grade of officer than his junior recruited through a letter examination, up to a level equal to the pay of such junior Sexton Officer in the same cadre i.e. senior DR Assistant to junior DR Assistant of later exam on their promotion as Section Officer, Vide OM No.5/21/192-CS.I dated 23.2.1994 this benefit of stepping up was extended to Section Officers appointed through Limited Departmental Competitive Examination (LDCE) (again applicable to Assistants only). OM NO.5/1/96-CS.l dated 8.10.1996 further extended this benefit in case of promotee Assistants and also to the cases where both junior and senior have been recruited on the basis of the same Select List/Assistants Grade Examination, as the case may be in accordance with OA No.365/90 (Shri K.C.Sehgal Vs UOI and OA No .869/91 (Shri L.K. Chawla VS UOI), which were upheld by the Hon'ble Supreme Court.

3. That there are general guidelines of stepping up of pay issued by the Ministry Of Finance vide 0M No.F.2(78)-E.III(A) dated 04.02.1966 and this Department vide 0M dated 04.11.1993. One Of the conditions of the general guidelines for allowing stepping up of pay to a Senior Govt. servant with reference to a junior in the lower grade also.

Source: www.dopt.gov.in

NFIR write to Railway Board to settle the issue of stepping up of pay of Seniors drawing less pay than the Juniors

NFIR write to Railway Board to settle the issue of stepping up of pay of Seniors drawing less pay than the Juniors

Stepping up of pay of Seniors drawing less pay than the Juniors consequent on fixation of pay due to implementation of 6th CPC recommendations between Direct Recruits and Promotees – item no. 8 and para no. 20 & 21 of the Record Note of the meeting of the Standing Committee of National Council JCM held on 7th May 2014

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110055

Dated: 11/04/2016

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Stepping up of pay of Seniors drawing less pay than the Juniors consequent on fixation of pay due to implementation of 6th CPC recommendations between Direct Recruits and Promotees – item no. 8 and para no. 20 & 21 of the Record Note of the meeting of the Standing Committee of National Council JCM held on 7th May 2014.

NFIR’s letter No. IV/NFIR/6th CPC/Main10/Pt. 11 dated 10/11/2014 addressed to Secretary/DoP&T and copies endorsed to Secretary (Pers), Department of Expenditure, Ministry of Finance and Secretary (E), Railway Board.

(ii) DoP&T’s O.M. No. 1046768/2015-Estt(Pay-1) dated 9th March, 2015 addressed to Railway Ministry and copy endorsed to NFIR.

(iii) NFIR’s letter No. IV/NFIR/6th CPC/Main10/Part 11 dated 15/04/2015 & 02/03/2016.

(iv) Railway Board’ s letter No.PC-VI/2010/I/RSRP/1 daIed 22/03/2016.

The’reply vide Board’s letter dated, 22/03/2016, in response to NFIR’s letter dated 02/03/2016, is disappointing as the Railway Board have failed to appreciate the situation narrated by the Federation to the Secretary, DoP&T in its letter dated 10/11/2014, to which the DoP&T responded as under:-

“Department of Expenditure had, after the meeting of the National Anomaly Committee, allowed stepping up of pay to promotees with reference to Direct Recruits subject to certain conditions, including there being an element of direct recruitment, an actual junior receiving more pay etc. They’ however, decided that no general order be issued. Accordingly, Ministry of Railways may take up the matter with the Department of Expenditure for issuing of instructions, if any”.

It is needless to mention that the action as mentioned above is needed to be taken at the level of Railway Ministry (Railway Board) for which reference needs to be made to the Department of Expenditure for the purpose of issuing instructions in favour of Railway employees. This is also clear from the fact that the issue was raised in the Standing Committee meeting of NC/JCM held on 07th May 2014 refer Item No. 8 (Para 20 & 21) of the record note of the meeting. Federation is sad to point out that the Railway Board instead of taking action as per the minutes of Standing Committee meeting of NC/JCM has acted differently and have sent a copy of Board’s instructions dated 17/02/2010 to the Federation, which are not at all related to the issue involved. however without examining the issue in consultation with the Department of Expenditure.

Federation once again desires to re-iterate that already a period of more than one year has passed, unfortunately, the action needed to be taken in the matter at Board’s level has not been taken yet.

NFIR, therefore, once again requests the Railway Board to take action as indicated by the DoP&T and formulate a proposal to the Department of Expenditure (Ministry of Finance) in consultation with the Federation.

Yours faithfully,
sd/-
(Dr.M.Raghavaiah)
General Secretary

Click to view the letter

Source: NFIR