Modification of Level-13 of Pay Matrix - Issues regarding
No.4-6/2017-IC/E-III(A)
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
Dated,the 28th September, 2017
OFFICE MEMORANDUM
Subject:
Modification of Level-13 of Pay Matrix - Issues regarding
The
undersigned is directed to invite attention to the Pay Matrix contained
in Part A of the Schedule of the CCS(RP) Rules, 2016 as promulgated
vide notification No.GSR 721 (E) dated 25th July, 2016, where the
Level-13 of the Pay Matrix starts at Rs.1,18,500 at Cell one and ends at
Rs.2,14,100 at Cell twenty one and to state that in terms of
CCS(Revised Pay) (Amendment) Rules, 2017 promulgated vide G5R 592(E)
dated 15.6.2017, the said Level 13 of the Pay Matrix has been modified.
The modified Level 13 starts at Rs.1,23,100 at Cell one, ending at
Rs.2,15,900 at Cell twenty.
2.The modified Level-13 in terms of
the CCS(Revised Pay) (Amendment) Rules, 2017 takes effect from 1st
January,2016. Accordingly, the earlier Level-13 of the Pay Matrix as
contained in CCS(RP) Rules, 2016 notified on 25.7.2016 and effective
from 1st January, 2016 has become non-existent ab-initio with the
promulgation of the CCS(Revised Pay) (Amendment) Rules, 2017. The
modified Level 13 is an improvement on the earlier Level 13 in as much
as the earlier Level 13 is based on the ‘Index of Rationalisation' (IOR)
of 2.57, whereas the modified Level 13 is based on the IOR of 2.67. It
is for this reason of improvement that the modified Level 13 begins at
Rs.1,23,100, as against the earlier one which began at Rs.1,18,500.
3.
Consequent upon the aforesaid modification of Level 13 in terms of the
CCS(Revised Pay) (Amendment) Rules, 2017 effective from 1.1.2016 and the
resultant re-fixation of pay therein in supersession of the earlier pay
fixation, references have been received from Ministries/Departments
seeking clarifications on certain issues. These issues and the decisions
thereon are brought in the succeeding paragraphs.
Issue No. 1 - Whether pay in the Level-13 is to be fixed by multiplying by a factor of 2.57 or 2.67
4.
The 7th Central Pay Commission, while formulating the various Levels
contained in the Pay Matrix, corresponding to the pre-Revised pay
structure, used "Index Of Rationalization" (IOR) to arrive at the
starting Cell of each Level (the 1st Cell) of the Pay Matrix. This IOR
has been applied by the Commission on the minimum entry pay
corresponding to the successive Grades Pay in the pre-Revised pay
structure. In Level-13 of the Pay Matrix, as formulated by the 7th CPC
and as accepted by the Government in terms of the CCS(RP) Rules, 2016
promulgated vide notification dt. 25.7.2016, the IOR was 2.57. The IOR
in respect of both Levels 12 and Level 13-A, i.e., Levels immediately
lower and immediately higher than Level-13, is 2.67. Therefore, the
modified Level-13 in terms of the Pay Matrix contained in the
CCS(Revised Pay) (Amendment) Rules, 2017 has also been formulated based
on the IOR of 2.67.
5.While the concept of the IOR, as applied by
the 7th CPC, is exclusively in regard to formulation of the Levels in
Pay Matrix, the formula for fixation of pay in the Pay Matrix based on
the basic pay drawn in the pre-revised pay structure for the purpose of
migration to the Pay Matrix, as recommended by the 7th CPC, is based on
the fitment factor of 2.57. The Commission recommends " this fitment
factor of 2.57 is being proposed to be applied uniformly for all
employees." Accordingly, Rule 7 (1)(A)(i) of the CCS(RP) Rules, 2016,
relating to fixation of pay in the revised pay structure, clearly
provides that "in case of all employees the pay in the applicable level
in the Pay Matrix shall be the pay obtained by multiplying the existing
pay by a factor of 2.57………"
6.Thus, the fitment factor for the
purpose of fixation of pay in all the Levels of Pay Matrix in the
revised pay structure is altogether different from the IOR. The fitment
factor of 2.57 is uniformly applicable for all employees for the purpose
of fixation of pay in all the Levels of Pay Matrix. This has no
relation with the "IOR". The formula for fixation of pay based on the
fitment factor of 2.57, as contained in Rule 7(1)(A)(i) of the CCS(RP)
Rules,2016, has not been modified by the CCS (Revised Pay) (Amendment)
Rules,2017.
7. Accordingly, pay in the Level-13 of the Pay Matrix,
as provided for in the CCS(Revised Pay) (Amendment) Rules, 2017, shall
continue to be fixed based on the fitment factor of 2.57 as already
provided for in Rule 7(1) (A) (1) of CCS(RP) Rules, 2016. In case pay
has been fixed in the modified Level-13 by way of fitment factor of
2.67, the same is contrary to the Rules and is liable to be rectified
and excess amount recovered forthwith.
Issue No. 2 : Pay re-fixed in the modified Level-13 working out lower than the pay fixed in the earlier Level-13
8.
As mentioned above, earlier Level 13 in operation before the coming
into force of CCS(Revised Pay) (Amendment) Rules, 2017 promulgated vide
notification dt. 15.6.2017, has become non-existent ab-initio and the
modified Level 13 as contained in CCS(Revised Pay) (Amendment) Rules,
2017 is the applicable Level 13 from 1.1.2016. Therefore, the earlier
Level 13 is extinct and, hence, no employee can retain the some
consequent upon promulgation of CCS(Revised Pay)(Amendment) Rules, 2017.
9.
As such, pay in respect of those, who are entitled to Level 13 either
from 1.1.2016 or from any date later than 1.1.2016, has to be re-fixed
in the modified Level 13 and the pay as earlier fixed in the earlier
Level 13 gets automatically rescinded. Therefore, pay, as fixed in the
modified Level 13 in terms of Rule 7 of the CCS(RP)Rules, 2016 in case
of those who were drawing pay in the pre-revised pay structure in PB-4
plus Grade Pay of Rs.8700 as on 31.12.2015 or in terms of Rule 13
thereof in case of those promoted to Level 13 on or after 1.1.2016,
shall now be the pay for all purposes.
10. However, a few
instances have been brought to the notice of this Ministry, where pay
fixed in the modified Level-13 contained in CCS (RP) (Amendment)
Rules,2017 works out less than the pay fixed in the earlier Level-13
before promulgation of this amendment.
11.The pay fixed strictly
in terms of the applicable provisions of CCS(RP) Rules, 2016 in the
earlier Level-13 before promulgation of CCS(Revised Pay) (Amendment)
Rules, 2017, was the pay before the date of promulgation of the said
Amendment Rules on 15.6.2017. As pay is now required to be re-fixed in
the Level-13 contained in the CCS(Revised Pay) (Amendment) Rules, 2017,
any overpayment, if taking place, consequent upon such re-fixation is
not attributable to the concerned employee.
12.Accordingly, it has
been decided that if the pay re-fixed strictly as per Rule 7 or Rules
13, as the case may be, of the CCS(RP) Rules, 2016 in the Level-13 based
on the Pay Matrix contained in the CCS(Revised Pay) (Amendment) Rules,
2017 ( as per the fitment factor of 2.57) happens to be lower than the
pay as earlier fixed as per the said Rules ( fitment factor of 2.57) in
the earlier Level-13, then while the pay as re-fixed shall be the pay as
applicable to the concerned employee for all purposes, any recovery of
over payment on account of such re-fixation during the period up to
30.6.2017, the month in which the CCS(Revised Pay) (Amendment) Rules,
2017 has been issued, shall be waived.
13. The cases of employees
who retired on or after 1.1.2016 and up to 30.6.2017 and if covered
under pars 12 above, shall be processed as per Rule 70 of the
CCS(Pension) Rules, 1972.
Issue No. 3 - Re-exercise of option for coming over to the Revised Pay structure in case of Level 13
14.
A reference has been received whether in view of the modification in
the Level 13 in terms of the CCS(Revised Pay) (Amendment) Rules, 2017
promulgated on 15.6.2017 with effect from 1.1.2016, the date of effect
of the revised pay structure contained in CCS(RP) Rules, 2016, the
employees who are entitled to the Level 13 on 1.1.2016 may be given
fresh option to come over to the revised pay structure in case of
modified Level 13.
15. The matter has been considered and it has
been decided that since the modification of the Level 13 as per
CCS(Revised Pay) (Amendment) Rules, 2017 is a material change, the
employees, who were entitled to Level 13 as on 1.1.2016 and who had
already opted for the earlier Level-13 as per Rules 5 and 6 of the
CCS(RP) Rules, 2016, shall be given an opportunity for re-exercise of
their option there under. Such an option may be exercised within three
months from the date of issue of these orders.
16. In their
application to employees belonging to the Indian Audit and Accounts
Department, these orders issue after consultation with the Comptroller
and Auditor General of India.
17. Hindi version of these orders is attached.
sd/-
(Amar Nath Singh)
Director
Authority:
www.deo.gov.in Download PDF
