No. MH/RIII/Rule 10 CCS(RP)2016/36/2019-20 Date: 26/12/2019
To,
The Chief Postmaster General,
Maharashtra Circle,
Mumbai 400001
Sub: Regarding date of increment under
rule 10 of CCS (RP) Rules 2016-Clarification regarding. : OPTION
FOR SWITCHING OVER TO REVISED PAY STRUCTURECONSEQUENT ON 7TH CPC
Ref
: Directorate No. 2-16/2017-PAP dated 02-12-2019
Respected sir,
This is in continuation
of this union letter dated 21-12-2019 on the subject cited above and your email
dated 26-12-2019. In this regard, it is brought to notice of your kind honour
that various complaints received from the staff regarding misinterpretation of
ruling on the subject by the administration as well as DA (P) Nagpur and
initiated the recovery from the staff. Hence, some illustrative are given regarding
the option for switching over to the 7th CPC scales from the dates
subsequent to 01.01.2016 for favour of perusals and necessary implementation at
our circle positively.
The recommendations of the 7th
CPC had been implemented from 01.01.2016. The employees are given options for
switching over to the revised pay structures from 01.01.2016 (default) and also
from the dates subsequent to the date 01.01.2016 subject to provisos of CCS
(RP) Rules 2016 of 7th CPC.
This is regarding option of choosing date
of implementation in respect of those C.G employees who have been placed in a
higher grade pay or scale between 02-01-2016 and 30-06-2016 vis-a-vis those who
have been placed in higher grade pay or scale between 01-07-2016 to 25-07.2016
(i.e the date of notification of the Rules).
As per CCS (RP) Rules, for the employees
who choose to get their pay revised from a date subsequent to 01-01-2016 i.e
from 02-01-2016 to 25-07-2016, the following options are available:
a)
The Govt servant may elect to continue to draw
pay in the existing pay structure until the date on which he earns his next or
any subsequent increment in the existing pay structure on until he vacates his
post or ceases to draw pay in the existing pay structure:
b)
Provided
further that in cases where a Govt servant has been placed in a higher grade
pay or scale between 1st day of January 2016 and the date of
notification of these rules on account of promotion or upgradation, the
Government servant may elect to switch over to the revised pay structure from
the date of such promotion or upgradation as the case may be.
Explanation1:
The option to retain the existing pay structure under the provisos to this rule
shall be admissible only in respect of one existing Pay Band and Grade Pay or
Scale.
Pay fixation in revised pay structure
under above provisions in respect of following three types of cases are
furnished:
a)
Option
for Revision of pay of C.G employees on account of promotion or upgradation
between 02.01.2016 to 30.06.2016
b)
Option
for revision of pay of C.G employees on account of promotion or upgradation on
01.07.2016
c)
Option
for revision of pay of C.G employees on account of promotion or upgradation
between 02.07.2016 to 25.07.2016 (i.e date of notification)
Let us take the
example of an employee drawing pay in the PB-1 with the following pay and due
for MACP during the above periods: Pay Rs 13950/- Grade Pay Rs 2800/- - Pay+ GP =Rs 16750/-
The differences
in pay fixations owing to different options for different period are enumerated
from C) to A) to stress how the pay in respect of employee placed in higher
grade pay or scale between 02-01-2016 to 30-06-2016 is fixed lower to those who
are placed in higher grade pay or scale on 01-07-2016 and between 02-07-2016 to
25-07-2016.
The calculations are also in accordance
with the clarification issued by MOF DOE vide No 4-21/2017-IC/E-IIIA dated
28-11-2019
Option for revision of pay of C.G employees promoted
between 02.07.2016 to 25.07.2016 (i.e date of notification)
|
7TH CPC OPTED FROM THE
DATE OF MACP (between 02-07-16 to 25-07-16)
|
||
|
01.01.2016 TO 30.06.2016
|
Rs 13950+2800=Rs 16750/-
|
Pay in 6th CPC
|
|
01.07.2016.
|
Rs 13950+510+2800 = Rs 17260/-
|
Annual Increment in Old Pay
|
|
02.07.2016
|
Rs 14460 +520+4200 = Rs
19180/-
|
Notional Increment. Pay fixation on MACP-II
|
|
02.07.2016
|
Rs 19180 x 2.57 = Rs
49292.60
|
Pay fixation 7th CPC
|
|
Equal or Next Higher in
L-6----Rs 50500/-
|
||
|
01.07.2017
|
Rs 52000/-
|
DNI on 01.07.2017
|
If the employee opts for 7th CPC from the date of
promotion or MACP, as he is entitled to do so, under CCS (RP) rules
2016 (Proviso 2 Rule 5), his pay is fixed at Rs 50,500/- as on 02.07.2016
-25-07-2016, with DNI 01.07.2017.
b) Option for revision of pay of C.G employees
on account of promotion or upgradation on 01.07.2016
|
7th CPC OPTED FROM DATE OF
PROMOTION OR MACP UPGRADATION ON 01.07.2016
|
||
|
01.01.2016 TO 30.06.2016
|
Rs 13950+2800=Rs 16750/-
|
Pay in 6th CPC
|
|
01.07.2016.
|
Rs 13950+510+2800 = Rs 17260/-
|
Annual Increment in Old Pay
|
|
01.07.2016
|
Rs 14460 +520+4200 = Rs
19180/-
|
Notional Increment. Pay fixation on MACP-II
|
|
01.07.2016
|
Rs 19180 x 2.57 = Rs
49292.60
|
Pay fixation 7th CPC
|
|
Equal or Next Higher in
L-6----Rs 50500/-
|
||
|
01.01.2017
|
Rs 52000/-
|
DNI after 6 months Q.S
|
|
01.07.2017
|
Rs 52000/-
|
DNI w/o Q.S
|
If the employee opts for 7th CPC from the date of promotion
or MACP, as he is entitled to do so, under RP rules 2016 (Proviso 2
Rule 5), and with two increments, his pay is fixed at Rs 50,500/- as on
01.07.2016. Further his DNI will be 01.01.2017 with pay Rs 52000/-, provided he
completes 6 months of qualifying service, else with DNI 01.07.2017.
a) Option for Revision of pay of C.G employees on
account of promotion or upgradation between 02.01.2016 to 30.06.2016
|
7TH CPC OPTED FROM DATE OF
MACP (02-01-16 to 30-06-16)
|
||
|
01.01.2016 TO 01.03.2016
|
Rs 13950+2800=Rs 16750/-
|
Pay in 6th CPC
|
|
02.03.2016.
|
Rs 13950+510+4200= Rs
18660/-
|
Date of MACP-II. Notional Increment in Old Pay + GP of MACP-II
|
|
02.03.2016.
|
Rs 18660 x 2.57 = Rs
47956.20
|
Pay Fixation 7th CPC on 02.03.2016
|
|
Equal or Next Higher in L-6---Rs 49000/-
|
||
|
01.01.2017
|
Rs 50500/-
|
DNI ON 01.01.2017
|
If the employee
opts for 7th CPC from the
date of promotion or MACP his pay is fixed at Rs 49,000/- as on
02.01.2016 to 30-06-2016, i.e one increment less as compared to the fixations
in respect of (b) and (c).
Thus it may be
seen that for the same option,
the employees promoted or granted upgradation on 01.07.2016 and between 02-07-2016
to 25-07-2016, are getting higher pay than the employees promoted between
02-01-2016 to 30-06-2016. Even the revision of pay on account of promotion or
upgradation on 01.01.2016 is drawing less pay for a period of 6 months than his/her
junior employees and that too, if he/she completes 6 months of qualifying
service. For the pay revision on 01-01-2016 on account of promotion or
upgradation, the employee will draw pay of Rs 50500/- from 01-07-2016 if he/she
completes 6 months of Q.S. Thus the junior employees are drawing pay higher
than the senior employees by one increment.
For the employees
promoted between 02-01-2016 to 30-06-2016, the option for revision of pay from
Next increment i.e from 01.07.2016 is not being allowed by the audit/offices owing
to Explanation 1 under Rule 5. Had this been allowed, the above discrepancy
would not arise.
Thus only the employee
promoted or granted upgradation between 02-01-2016 to 30-06-2016 are put to
loss of pay due to loss of one Increment which is due on 01.07.2016. The above
issue is arising due to:
i)
Denying
the option to switch over to 7th CPC from DNI,
ii)
Denying
the option of re-fixation of pay on MACP from DNI under FR 22 (I) (a) (1),
The Right to
exercise the options is given in order to safeguard against inadvertent losses
arising out of any discrepancies/anomaly and to ensure that maximum possible
benefits are extended to the employees.
In this case, neither the option to get the pay revision from 01-07-2016
nor the option to get the re- fixation of pay on MACP from DNI i.e from
01-07-2016 under FR 22 (1) (a) (i) is being allowed, thus denying the
legitimate entitlements to the employees. It is logical that on promotion or on
MACP, the employees will cease to remain in existing pay structure or scale and
therefore the Explanation 1 under proviso 2 of Rule 5 of CCS (RP) Rule 2016,
even though relevant to some, but in most cases exercising option will have no
relevance. For the affected employees, exercising of option for MACP pay
fixation under FR 22 (1) (a) (i) from DNI contravenes rules on the subject
therefore not allowed. This is putting the affected employees to grave and
perennial loss.
Therefore
the following may be consideration as corrective steps, so that the benefits
which are otherwise being denied can be extended to the affected employees:
A)
Kind
attention is drawn towards the MOF DOE letter No 4-21/2017-IC/E-IIIA dated 28-11-2019
para 4. Continuing and keeping in view the spirit of 6th CPC, it is
prayed that one increment, IN PRE-REVISED
SCALE, may be considered for the employees who are promoted or given
MACP upgradation between 01.01.2016 to 30-06-2016, so that the discrepancy/anomaly
arising out of this is corrected. If one increment is allowed either on
01.01.2016 or on the date of promotion or MACP in pre-revised scale, then the
pay is fixed at Rs 50,500/- as given below, with DNI as applicable per CCS (RP)
rules 2016:
|
7th CPC FROM
DATE OF MACP WITH ONE ADDITIONAL INCREMENT ON 01.01.2016
|
||
|
01.01.2016 TO
01.03.2016
|
Rs 13950+510+2800=Rs 17260/-
|
One additional
increment in pre revised scale
|
|
02.03.2016.
|
Rs 14460+520+4200= Rs 19180/-
|
Notional Increment in Old Pay + GP of
MACP-II
|
|
02.03.2016.
|
Rs 19180 x 2.57 = Rs 49292.6
|
Pay Fixation 7th CPC on 02.03.2016
|
|
Equal or Next higher in L-6---Rs 50500/-
|
||
|
01.01.2017
|
Rs 52000/-
|
DNI ON 01.01.2017
|
|
7th CPC FROM
DATE OF MACP WITH ONE ADDITIONAL INCREMENT
|
||
|
01.01.2016 TO
01.03.2016
|
Rs 13950+2800=Rs 16750/-
|
Pay in 6th CPC
|
|
02.03.2016.
|
Rs 13950+510+520+4200= Rs 19180/-
|
One Additional
Increment on Date of MACP-II. Notional Increment in Old Pay + GP of MACP-II
|
|
02.03.2016.
|
Rs 19180 x 2.57 = Rs 49292.6
|
Pay Fixation 7th CPC on 02.03.2016
|
|
Equal or Next higher in L-6---Rs 50500/-
|
||
|
01.01.2017
|
Rs 52000/-
|
DNI ON 01.01.2017
|
The
option for revision of pay from Date of Next increment may be allowed to these employees,
in which case again the pay is fixed at Rs 50,500/- as shown below:
|
7TH CPC OPTED FROM DNI
& MACP PAY RE-FIXATION FROM DATE OF INCREMENT (FR 22 (1)(a)(i)
|
||
|
01.01.2016 TO 01.03.2016
|
Rs 13950+2800=Rs 16750/-
|
Pay in 6th CPC
|
|
02.03.2016
|
Rs 13950+ 2800+1400= Rs
18150/-
|
Diff of Grade pay
|
|
01.07.2016.
|
Rs 13950+510+2800 = Rs 17260/-
|
Regular Increment in Old Pay
|
|
01.07.2016
|
Rs 14460 +520+4200 = Rs
19180/-
|
Notional Increment. Pay Re- fixation MACP-II {FR 22 1 (a) (i)}
in old pay
|
|
01.07.2016
|
Rs 19180 x 2.57 = Rs
49292.60
|
Pay fixation 7th CPC on
01.07.2016
|
|
Next Level in L-6----Rs
50500/-
|
||
|
01.01.2017
|
Rs 52000/-
|
DNI after 6 months Q.S
|
|
01.07.2017
|
Rs 52000/-
|
DNI w/o Q.S
|
The above prayers are justified in view
of discrepancies/anomalies created on account of interpretation of Explanation
1 Rule 5 which explicitly gets applied to Govt employees getting promoted or
granted MACP between 02-01-2016 to 30-06-2016. Clarification to all the
offices/DA(P) regarding options of pay revision in respect of the Govt employees
granted MACP between 01.01.2016 to 30.06.2016, is necessary, if at all it is
not applicable and wrongly applied and in case the interpretations stands as it is
and the objections so raised are correct, then corrective measures as deemed
correct are necessary.
Therefore it is
requested kindly to consider and take up the matter at appropriate level, so that
the affected employees are safeguarded against the losses. In view of this, it
is requested kindly to give/seek clarifications or to take up the matter with
appropriate authority and to cause remedial measures and implementation of
orders in true spirit.
Your
honour is requested to look into the matter personally so as to avoid loss of
pay towards wrong fixation of pay of innocent staff working under your
jurisdiction. I shall remain highly thankful to you for the same.
With warm
regards.
Yours
sincerely,
(A
B Shivtare)
Circle
Secretary
AI RMS And MMS
Emp. Union Gr C
Maharashtra
Circle