Clarification regarding fixation of pay under rule 13 on functional promotions

No.PC VI/2011/IC/1                               RBE No. 95/2013                                  Dated: 12.09.2013

Subject:

 Railway Services (Revised pay) Rules,2008- Clarification regarding fixation of pay under rule 13 on functional promotions in various situations where feeder promotional posts have been placed in the same pay band and grade pay and where merger is not feasible.

Both the Federations ie. AIRF and NFIR have taken up the issue in various fora regarding admissibility of notional increment as per Rule 13 (i) of the Railway Services(Revised Pay) Rules, 2008 in the situations of promotions in identical revised pay structure (viz. Same Grade Pay and Pay Band) consequent upon implementation of recommendations of Sixth Central Pay Commission.

2.         Prior to notification of RS (RP) Rules, 2008 (effective from 1.1.2006), fixation of pay in the cases of promotion etc. was governed by the provisions of Railway Fundamental Rules as contained in Indian Railway Establishment Code Vol.II viz. Rule 1313 (FR22)(I)(a)(1) read with sub Rule(III) thereof. Consequent upon deliberations with recognised staff Federations at different fora and consultation with Ministry of Finance/DOPT, fixation of pay under Rule 1313(I)(a)(1)R-II was extended in certain situations of promotion from one post to another in identical pay scale as an exception to general rules.

3.         Fixation of pay on promotion in revised pay structure on or after 1.1.2006 is governed by Rule13 of Railway Services (Revised Pay) Rules, 2008. As a consequence of implementation of recommendations of Sixth Central Pay Commission, various pre-revised scales have been merged and got replaced by same revised pay structure (same Pay Band and Grade Pay) leading to merger of corresponding post as indicated in the footnotes of Board’s letter No. PC VI/I/RSRP/1 dt. 11.9.2008 (as further supplemented/modified from time to time). However, there are certain specific situations on the Railways wherein it has not been feasible to merge the feeder and promotional posts placed in same revised pay structure (same Pay Band and Grade Pay) and such categories continue to be operated as separate categories. Further, these posts are part of normal promotional hierarchy of the employee (i.e other than the situations arising due to movement of the employee to another cadre in same revised pay structure through option), movement involves assumption of duties and responsibilities of greater importance and benefit of promotional increment was avilable even prior to implementation of revised pay structure vide RS(RP) Rules, 2008.

4.         Various situations of the nature as above have been under examination in consultation with Ministry of Finance and Department of Personnel and Training and accordingly President is pleased to decide that the benefit of promotional pay fixation as per the provisions of Rule 13(i) of RS(RP) Rules, 2008 may be extended in the following situations of promotion from one post to another in same revised pay structure effective from 1.1.2006 onwards:

Sl.No.	Feeder Category	Promotional Category	Revised Pay Structure (Pay Band/Grade Pay)
1.	Chief Matron	Assistant Nursing Officer	PB3 GP Rs. 5400
2.	Sr. Technician	Jr. Engineer	PB2 GP Rs.4200
3.	(i) Loco Pilot (Goods) (ii) Loco Pilot (Passenger) (iii) Passenger Guard	(i) Loco Pilot (Passenger) (ii) Loco Pilot (Mail / Express) (iii) Mail & Express Guard	PB 2 GP Rs.4200 PB 2 GP Rs.4200 PB 2 GP Rs.4200
4.*	Sr.P.W. Supervisor	Jr. Engineer	PB 2 GP Rs.4200

            * All regular posts of Sr. Permanent Way Supervisors in PB_2, Grade pay Rs.4200 stand merged w.e.f 03.07.2013 with the cadre of Junior Engineer ( P.Way ) in terms of Board’s letter No. PC-III/2012/FE-II/2 dated 03/07/2013.

4.1        The staff affected by the decision as above may submit the option, within a period of three months from the date of issue of these orders, to have their pay re-fixed from the date of promotion as above or from the date of next increment in the feeder category, as per the methodology illustrated vide clarification 2 contained in Board’s letter No. PC VI/2008/I/RSRP/1 dt. 25.9.2008 (S.No. PC VI/22; RBE No.132/2008).

5.         This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

                                                                                                                                  Sd/-       (M.K.Panda)

Joint Director, Pay Commission

Railway Board.