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 (JCM)
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