Cases of promotion taking place in
the pre-revised pay structure between 1.1.2006 and the date of notification of
CCS(RP) Rules, 2008
RBE 33/2016
S.No. PC–VI/365
Sub:- Cases of promotion taking
place in the pre-revised pay structure between 1.1.2006 and the date of
notification of CCS(RP) Rules, 2008 and the subsequent merger of the
pre-revised pay scales of the promotional and the feeder posts in a common
Grade- fixation of pay- Regarding.
A copy of the
office memorandum No.F-2-1/2015-E.III (A) dated 16.10.2015 of
Ministry of Finance, Department of Expenditure on the above subject is
enclosed……..
No.F-2-1/2015-E.III
(A)
Government
of India
Ministry
of Finance
Department
of Expenditure
New Delhi, the 16th October, 2015
Office Memorandum
Subject: Cases of promotion taking place in the
pre-revised pay structure between 1.1.2006 and the date of notification of
CCS(RP) Rules, 2008 and the subsequent merger of the pre-revised pay scales of
the promotional and the feeder posts in a common Grade- fixation of pay- Regarding.
The undersigned is directed to say
that consequent upon coming into force of the CCS(RP) Rules, 2008, which were
notified on 29.8.2008 but are effective from 1.1.2006, fixation of pay on
promotion on or after 1.1,2006 is carried out as per Rule 13 thereof. This Rule
is invoked only in cases of promotion from one Grade pay to another in the
revised pay structure.
2. In terms of
Section I of Part-A of the First Schedule of the CCS(RP) Rules, 2008,
which provides for revised pay structure in the form of applicable pay Bands
and Grades pay corresponding to various pre-revised pay Scales, certain
pre-revised pay Scales have been merged in a common Grade pay in the revised
pay structurew.e.f. 1.1.2006, In view of this, the posts in those pre-revised pay
scales which have been merged in a common Grade pay w.e.f. 1,1.2006, are
normally required to be merged even if these posts constituted feeder and
promotional grades in the pre-revised pay structure.
3. However, in cases where such
merger of feeder and promotional posts in the wake of their come to lie in the
Same grade pay has not taken place due to administrative reasons and the posts
continue to retain their promotional and feeder character as per the relevant
Recruitment Rules, this Ministry issued instructions vide OM 10/2/2011-E.III A
dated 7.1.2013 providing for fixation of pay on promotion in such cases under
Rule 13 of CCS (RP) Rules, 2008 subject to the conditions laid down therein.
4. Now, instances have been brought
to the notice of this Ministry where the feeder and promotional posts have been
merged in view of the merger of the pre- revised pay scales applicable to the
erstwhile feeder and promotional posts in a common grade/post after the
promulgation of CCS(RP) Rules), 2008, due to which the character of posts being
promotional and feeder grades as existing during the period from 1.12006 to the
date of notification of CCS(RP) Rules, 2008 stood rescinded with retrospective
effect from 1.12006 and, consequently, a question has been raised as to whether
Rule 13 of CCS(RP) Rules, 2008 may apply for fixation of pay on promotion
taking place during the period between 1.1.2006 and the date of notification of
the said Rules, when the fixation of pay was actually done as applicable in the
event Of promotion in the pre-revised Structure.
5. The matter has been considered in
the light of the provisions contained in the OM No. 20020/4/2010-Estt.D
dt.13.9.2012 issued by the Department of Personnel & Training, which has
been issued in the context of the posts/grades merged in pursuance Of the
recommendations of the 6th Central pay Commission. This OM provides,
inter-alia, that the Status of a government servant as on 29.8.2008 including
those who have earned promotion between 1.12006 and 29.09.2008 will be protected
as appointment/promotions are made as per the provisions of the recruitment
rules applicable to the post/grade.
6. Accordingly, it has been decided
that in cases where promotion took place in the pre-revised pay structureduring
the period between 1.12006 and the date of notification of CCS(RP) Rules, 2008
when the pre-revised and revised pay scales were different and the posts
carried the character of feeder and promotional grades, pay fixation on such
promotion Shall be allowed under Rule 13 of the CCS(RP) Rules, 2008, subject to
the following conditions:-
(i) The promotion had taken place
between 1.1.2006 and the date of notification of CCS(RP) Rules, 2008 as per the
Recruitment Rules then in vogue, which clearly provided for such posts being
promotional grade for the feeder grade from where the promotion took place and
where the posts were subsequently merged in a single post/grade consequent upon
promulgation of the CCS(RP) Rules, 2008.
(ii) FR. 22 (I) (a) (I), which was
applicable for fixation Of pay on promotion before promulgation of CCS(RP)
Rules, 2008, was invoked for fixation of pay in these cases in the pre-revised
structure during the period between 1.1.2006 and the date of notification of
the CCS(RP) Rules 2008.
(iii) The concerned employees had
opted to come over to the revised pay structure from a date occurring prior to
the date of notification of CCS(RP) Rules, 2008.
(iv) The concerned Recruitment Rules
have been amended subsequently to provide for merger of these grades into a
single grade/post.
7. This order applies only in case of
promotions carried out in the pre-revised structure during 1.1.2006 and the
date of notification of CCS(RP) Rules, 2008. Thus, the benefit of Rule 13 of
CCS(RP) Rules, 2008 would not apply in Cases of appointment to the post which
was in the higher pay scale in the pre-revised paystructure, where such
appointment is made after the date of notification of CCS(RP) Rules, 2008.
8. In its application to the
employees serving under the Indian Audit and Accounts Department, this order
issues with the concurrence of the office of C&AG.
9.
The Hindi Version of this OM is attached.
(Amar Nath Singh)
Deputy Secretary to the Government of
India
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