FIXATION OF PAY ON PROMOTION BETWEEN 1.1.2016 AND DATE OF NOTIFICATION ISSUE – NC JCM STAFF SIDE
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
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 (JC
*************************************
7th
CPC RISK ALLOWANCE CLARIFICATION – DOPT ORDERS DT. 29.10.2018
No.A-27018/ 01/ 2017-Estt.
(AL)
Government of India
Ministry of
Personnel, PG & Pensions
Department of Personnel
& Training
Block No. IV, Room No.
409
Old JNU Campus,
New Delhi Dated 29th
March, 2018
Office
Memorandum
Subject: Implementation
of Govt. Decision on 7th CPC recommendations on Risk Allowance- reg.
The undersigned is directed to
refer to this Dept’s O.M. of even no. dt. 07.03.2018 (Copy enclosed) vide
which Ministries/Departments were requested to provide the details regarding
number of employees eligible for Risk Allowance, estimated existing annual
expenditure as per the existing rates and estimated annual expenditure if the
existing rates are multiplied by the 2.25 factor as decided by the
Government.
2. Despite reminders, this
Department has received comments only from 12 Ministries/Departments which
are – M/o Panchayati Raj, D/o Public Enterprises, Cabinet Secretariat, D/o
Atomic Energy, D/o Agriculture and Cooperation, Inter-State Council
Secretariat, MHA, D/o Justice, D/o Food and Public Administration, M/o
External Affairs, M/o Earth Science, D/o Defence, D/o Defence Production.
3. It is requested that the
aforesaid data may be furnished to this Department in the format prescribed
in O.M. dt. 07.03.2018(copy enclosed) at the earliest.
sd/-
(Sandeep Saxena)
Under Secretary to the
Government of India
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FAQ ON ALLOWANCE, LEAVE, MACP, LTC, SENIORITY
AND RESERVATION
Title
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Details
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Allowance
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Allowance (Supplement)
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Allowance (CEA, OTA/NDA,
Honorarium/Fee, Leave)
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Leave
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Policy of Reservation to SCs,
STs and OBCs
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Policy of Reservation to
Ex-Serviceman
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Policy of Reservation to
Persons with Disabilities
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ACP/MACP Schemes
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Sexual Harassment of Women at
Working Place
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Flexible Complementing Scheme
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Time limit for disposal of
Disciplinary Cases
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Administrative Tribunals
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Compassionate Appointment
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Compassionate Appointment
(New)
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Recruitment Rules
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Non Functional Upgradation
(NFU)
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LTC
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LTC (NEW)
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Seniority
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Joint Consultative and
Arbitration
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Related to UPSC, APAR and
Commercial Employment after Retirement
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MAINTENANCE OF PUNCTUALITY AND PROPER DECORUM IN OFFICE - NO JEANS,
T-SHIRTS ETC., [DOP ORDER DATED 06/11/2018]
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