Fixation
of pay on promotion of pre-revised merged pay scales between 1.1.2006
and date of notification of CCS(RP)Rules 2008 – Clarification orders
issued by Finance Ministry on 16.102.015
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
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 1.12006 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
Regarding.
The undersigned is directed to Say that consequent upon coming into
force of the CCS(RP) Rules, 2008, which were notified on 298.2008 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 frotn 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 structure w.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 structure during 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 (r) 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 durirg 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 pay structure, 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 CMG.
9. The Hindi Version of this OM is attached.
(Amar Nath Singh)
Deputy Secretary to the Government of India
Authority: www.finmin.nic.in
Click to view the order
