Pay-fixation
method for regular promotion and MACP from 4200 Grade Pay to 4600 Pay:
Clarification by Finance Ministry
GOVERNMENT OF
INDIA
MINISTRY OF
FINANCE
LOK SABHA
UNSTARRED
QUESTION NO. 1227
ANSWERED ON
MONDAY, FEBRUARY 10, 2020
MAGHA 21 I 1941
(SAKA)
SHRI KAUSHAL
KISHORE
PAY FIXATION
METHOD
Will the
Minister of Finance be pleased to state:
(a) whether the
pay-fixation method for regular promotion and MACP from 4200 Grade Pay to 4600
Pay are done in same manner for the Central Government employees in departments
following 6th Central Pay Commission (CPC) and if not, the comments of the
Ministry thereon;
(b) the details
of the Rule 11 of the Central Civil Service {Revised Pay) Rule, 2008;
(c ) whether the
Hon’ble Supreme Court has ordered for pay-fixation in MACP case from 4200 Grade
Pay to 4600 Grade Pay to a minimum of Rs.18460/- under Rule 11 of the Central
Civil Service (Revised Pay) Rule, 2008 in Appeal No 3052/2019 in case of Union
of India and others in their judgment dated 14.03.2019 and if so,the details
thereof and the Government reaction thereto;
(d) whether the
employees with similar/identical cases could use/rely on the said order for
applying for their pay- fixation or they have to separately undergo the same
strenuous and unnecessary lengthy litigation process and if so, the details
thereof ; and
(e) whether a
general order is necessary or the copy of the above order after will be
sufficient enough for seeking pay-fixation for employee having
similar/identical cases and if not, the time by which the general orders will
be brought by the Ministry for guiding the concerned Departments in this
regard?
ANSWER
MINISTER OF
STATE FOR FINANCE
( SHRI ANURAG
SINGH THAKUR )
{a) As per Rule
13 of Central Civil Services {Revised Pay) Rules 2008[CCS {RP) Rules 2008], the
fixation of pay in the case of promotion from one Grade Pay to another Grade
Pay is required to be done by granting one increment equal to 3% of the sum of
the Pay in the Pay Band and the existing Grade Pay of the particular post will be
computed and rounded off to next multiple of 10. This will be added to the
existing Pay in the Pay Band. The Grade Pay corresponding to the promotion post
will thereafter be granted in addition to this Pay in the Pay Band.
No separate
method of fixation has been prescribed under MACP scheme. The benefit of pay
fixation available at the time of regular promotion shall also be allowed at
the time of financial upgradation under MACP scheme. Therefore, the pay shall
be raised by 3% of total Pay in the Pay Band and Grade Pay drawn before such
upgradation. There shall, however, be no further fixation of pay at the time of
regular promotion if it is in the same Grade Pay as granted under MACP scheme.
However, at the time of actual promotion if it happens to be in a post carrying
higher Grade Pay than what is available under MACP scheme, no pay fixation
would be available and only difference of Grade Pay would be made available.
Further, in case of promotion to a higher Grade Pay other than what has been
given under MACP, the employee shall have the option to draw the difference of
Grade Pays from the date of such regular promotion/grant of Non-Functional
Scale or the date of accrual of next increment in the pay allowed under MACP.
(b) The Rule 11
of CCS (RP) Rules, 2008 provides that where a Government servant continues to
draw his pay in the existing scale and is brought over to the revised pay
structure from a date later than 1st day of January , 2006, his Pay from the
later date in the revised pay structure shall be fixed in the following
manner:-
Pay in the Pay
Band will be fixed by adding the Basic Pay applicable on the later date, the
Dearness Pay applicable on that date and the pre-revised Dearness Allowance
based on rates applicable as on 01.01.2006 . This figure will be rounded off to
the next multiple of 10 and will then become the Pay in the applicable Pay
Band. In addition to this, the Grade Pay corresponding to the pre-revised pay
scale will be payable. Where the Government servant is in receipt of special
pay or non-practicing allowance, the methodology followed will be as prescribed
in Rule 7(i),(B),(C) or (D) as applicable, except that the basic pay and
dearness pay to be taken in to account will be the basic pay and dearness pay
applicable as on that date but dearness allowance will be calculated as per
rates applicable on 1.1.2006.
(c ) No, sir.
Hon’ble Supreme Court has directed to fix the pay in terms of Rule 11 of CCS
(RP) Rules 2008.
(d) The claims
of the employees for fixation of pay in revised pay structure are to be
addressed by the concerned Ministries/ Departments strictly in terms of CCS
(RP) Rules 2008 in consultation with Ministry of Finance/Department of
Expenditure wherever required;
(e) Hon’ble
Supreme Court judgment dated 14.03.2019 in Civil Appeal No. 3052/2019 in the
case of Union of India and others vs Raj Kumar Anand and others is specific to
pay fixation matter of Shri Raj Kumar Anand and others and is in consonance
with CCS(RP) Rules, 2008. Therefore, no general order I Office Memorandum is
required to be issued by this Ministry/Department.
Source : Lok
Sabha Question
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