Monday, November 12, 2018


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 
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


STOPPAGE OF FIXED MEDICAL ALLOWANCE (FMA) TO THE DEFENCE CIVILIAN EMPLOYEES WORKING IN THE INTERIOR/REMOTE AREAS AND THEIR GOVERNANCE UNDER CS(MA) RULES, 1944: MOD ORDER

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt - 110010

No. AT/IV/4918/XXXVI 
Dated: 30.10.2018

To

All concerned PCsDA/ CsDA
(Through CGDA Website only)

Sub: Stoppage of fixed Allowance (FMA) to the Defence civilians employees working in the interior/ remote areas and their governance under CS(MA) Rules, 1944-reg.

A copy of Ministry of Defence (Department of Defence) D (Civ-II) ID No.9(1)/2010/D(Civ-II) dated 14.09.2018 on the above subject is enclosed herewith for information, guidance and further necessary action please.
Sd/-
(Ashish Yadav)
Sr. ACGDA (AT-I)



Government of India
Ministry of Defence
(Department of Defence)
D(Civ-II)

Subject: Stoppage of fixed Allowance (FMA) to the Defence civilians employees working in the interior/ remote areas and their governance under CS(MA) Rules, 1944-reg.

The issue of extension of CS(MA) Rules, 1944 to the defence civilian employees working in the interior/remote areas was discussed in the meeting held on 18.06.2018 under the Chairmanship of Joint Secretary (Estt) on the various issues raised by the Staff Side of defence civilian employees/workers under provision of "Additional Mechanism".  During the discussion, it was informed that the appointment of AMAs has not been done in remote areas even after issuance of MoH&FW's OM No. S.14025/09/2013-MS dated 03.06.2015 extending the CS(MA) Rules 1944 to the employees residing in remote areas thus, denying; benefits to the employees.  In this connection it was decided that the instructions for appointment of AMAs in remote areas would be reiterated by D(Civ-II).

2. Accordingly a copy of MoD ID Note of even number dated 25.06.2015 alongwith MoH&FW's OM No. S 14025/09/2013-MS dated 03.06.2015 is enclosed herewith. It is requested to comply with the aforesaid MoH&FW's OM dated 03.06.2015 and extend the benefits of CS(MA) Rules, 1944 to the defence civilian employees residing in interior/remote; areas. Appointment of AMAs, wherever necessary, shall be done as per the provisions laid down under CS(MA) Rules, 1944.
Sd/-
(Pawan Kumar)
Under Secretary to the Govt. of India
FAQ ON ALLOWANCE, LEAVE, MACP, LTC, SENIORITY
AND RESERVATION

Title
Details
Allowance
Allowance (Supplement)
Allowance (CEA, OTA/NDA, Honorarium/Fee, Leave)
Leave
Policy of Reservation to SCs, STs and OBCs
Policy of Reservation to Ex-Serviceman
Policy of Reservation to Persons with Disabilities
ACP/MACP Schemes
Sexual Harassment of Women at Working Place
Flexible Complementing Scheme
Time limit for disposal of Disciplinary Cases
Administrative Tribunals
Compassionate Appointment
Compassionate Appointment (New)
Recruitment Rules
Non Functional Upgradation (NFU)
LTC
LTC (NEW)
Seniority
Joint Consultative and Arbitration
Related to UPSC, APAR and Commercial Employment after Retirement
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