Option for Pay Fixation in Revised Pay Scale:
Confederation
PERMISSION
TO OPT FOR PAY FIXATION IN THE REVISED PAY STRUCTURE
ON A DATE AFTER
THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016
NOTIFICATION DATED
25.07.2016 DEMAND OF THE JCM NATIONAL COUNCIL STAFF
SIDE REJECTED BY
GOVERNMENT.
JCM national council, Staff Side, has
demanded that under the existing orders the option to
come over to
revised pay structure from the date of promotion is
available only for
those employees who are promoted before 25.07.2016. The
staff side has
demanded that such an option of fixation of pay for
coming over to
revised pay scale may be given to employees promoted
after 25.07.2016
also. The staff side has contended that not giving such
an option to an
employee who was due for promotion on a date after
25.07.2016 (say on
26.07.2016) will be discriminatory. Government has
considered the demand
and rejected. The following is the reply of the
Finance Ministry,
Department of Expenditure.
(M. Krishnan)
Secretary General
Confederation
Mob: 09447068125
Email:
mkrishnan6854@gmail.com
DEPARTMENT OF EXPENDITURE VIDE OM DATED
30.08.2017
The
position on action taken in respect of item regarding
permission to opt
for pay fixation in the revised pay structure on a
date after the issue
of CCS (RP) Rules 2016 (notification on 25.07.2016) in
the case of
employees whose promotion becomes due after 25.07.2016
is given below:
In
the said item the staff side has demanded that under
the existing
orders the option to come over to revised pay scale
from the date of
promotion is available only for those employees who are
promoted before
25.07.2016, the date of notification of CCS (RP) Rules
2016. The staff
side has demanded that such an option of fixation of
pay for coming over
to revised pay scale may be given to employees
promoted after
25.07.2016 also. The staff side has contended that not
giving such an
option to an employee who was due for promotion on
26.07.2016 (one day
after the date of notification) and afterwards will be
discriminatory.
The
revised Pay rules contained in CCS (RP) Rules 2016 are
effective from
01.01.2016. A person holding a particular post as on
01.01.2016 has an
option to come over to revised pay scale applicable to
that post either
straight away on 01.01.2016 or from a date later than
that such an
option is clearly mentioned in provisio 1 and provisio
2 of Rule 5. A
combined reading of provisio 1 and provisio 2 to Rule 5
provided that a
Government Servant may elect to continue to draw pay in
the existing pay
structure until the date on which he earns his next or
any subsequent
increment in the existing pay structure or until he
vacates his post or
ceases to draw pay in the existing pay structure.
But, in cases
where a Government servant has been placed in a higher
grade pay or
scale between 01.01.2016 and the date of notification
of CCS (RP) Rules
2016 on account of promotion or upgradation, the
Government servant may
elect to switch over to the revised pay structure from
the date of such
promotion or upgradation.
Therefore the rules provide while in
respect of post held by a Government Servant as on
01.01.2016, the
concerned Government Servant may elect to come over to
revised pay scale
applicable to that post either from 01.01.2016 or from
a date later
than 01.01.2016, in case he is promoted to a post not
held by him on
01.01.2016 on a date later than that, then he can opt
to come over to
revised pay scale from the date of promotion provided
such promotion
takes place between 01.01.2016 and the date of
notification. Thus the
date of notification of the Rules on 25.07.2016 which
are effective from
01.01.2016 is the outer limit for option in cases the
option is from
date of promotion. The similar was the provisions in
the Rules
pertaining to the 6th CPC in terms of CCs (RP) Rules
2008. This is the
fair and time tested rule, as it seeks to allow option
in case of
promotion during the retrospective effect of the Rules.
There has to be
outer date and that date is the date of notification of
CCS (RP) Rules
2016, which is objective and of fair application. No
such objective date
beyond 25.07.2016 could be of fair application.
Accordingly it is not possible to agree to the demand
of the staff-side.
Source: Confederation
