Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016

Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016

No.12/2/2016-Estt.(Pay -I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 11th May, 2017

OFFICE MEMORANDUM

Subject: Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016.

The undersigned is directed to state that the method of fixation of pay of State Government employees on their appointment under the Central Government has been spelt out in this OM Department's OM No.12/1/94-Estt.(Pay-I) dated 24.3.1994, 3.1.1996, OM No.13/2/1999-Estt(Pay-I) dated 18.6.2001 and OM No.12/1/2009-Estt(Pay-I) dated 28.8.2014.

2. The question of fixation of pay in the revised pay structure in cases of appointment from State Government to Central Government consequent upon been implementation of Central Civil Services (Revised Pay) Rules, 2016, has considered in consultation with the Department of Expenditure and the President is pleased to decide that in cases of appointment of State Government employees in Central Government on or after 1.1.2016, pay will be fixed in the following manner:-

(a) Where the State Government has revised the Pay Scales/Grade Pays of their employees on the pattern of Seventh Central Pay Commission at the base index of 261.41 as per AlCPI (IW)2001 series w.e.f. 1.1.2016 , the pay of employees from such State Government on their appointment under the
Central Government would be fixed as follows:

(i) When the appointment is to a post in higher Level, one increment shall be given in the Level from which the employee is appointed and he / she would be placed at a Cell equal to the figure so arrived at in the Level of the post to which appointed and if no such Cell is available in the Level to which he/she is appointed, he/ she would be placed at the next higher Cell in that higher Level. However, if the amount so arrived at after adding the increment in lower Level is less than the minimum pay or the first Cell in the higher Level, the pay shall be fixed at minimum pay or first Cell of the higher Level.

(ii) Where the appointment is to a post involving identical Level, the individual shall continue to draw the same pay.

(b) Where the State Government has revised the Pay scales/Grade Pays of their employees after 1.1.206 beyond the base index of 261.41 as per AICPI (IW) 2001 series, the basic pay of the employee is to be determined first in the Central Pay Matrix by reducing the element of DA, ADA, IR etc. granted by the State Government after 1.1.2016 beyond the base index of 261.41 as per AICPI (IW) 2001 series and thereafter the pay would be fixed as provided in the clause (i) and (ii) under sub-para (a) above.

(c) Where the State Government has either not revised or revised the pay scale of their employees on or after 1.1.2016 below the base index of 261.41 as per AICPI (IW) 2001 series, the basic pay of these employees shall be determined first in the Central Pay Matrix, by adding the element of DA, ADA upto the base index of 261.41 as per AICPI (IW) 2001 series, granted by the State Government and thereafter their pay would be fixed as provided in the clause (i) and (ii) under sub-para (a) above.

3. These orders are applicable to employees of the State Government and Local Bodies under the Sta te including Emergency Divisional Accountants/Divisional Accountants appointed under Central Government on or after 1.1.2016.

4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller 86 Auditor General of India.

5. Hindi version will follow.

(Pushpender Kumar)
Under Secretary to the Government of India

DoPT Order

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Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission Recommendations

No.11/2/2016-JCA
Government of India
Ministry of Personnel, Public Grievances and pensions
Department of Personnel & Training
JCA Section

*************

North Block, New Delhi
Dated the 16th August, 2016

OFFICE MEMORANDUM

Subject: Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission's recommendations.

The undersigned is directed to say that it has been decided that Anomaly Committees should be set up, consisting of representatives of the Officials Side and the Staff Side to settle the anomalies arising out of the implementation of the 7th Pay Commission's recommendations, subject to the following conditions, namely:

(1) Definition of Anomaly

Anomaly will include the following cases:

(a) where the Official Side and the Staff Side are of the opinion that any
recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any
reason; and

(b) where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure, as notified vide CCS (RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules".

(2) Composition:

There will be two levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council respectively.

(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry / Department shall be one of the Member of the Departmental Anomaly Committee.

(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Adviser.

(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its  constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.

(6) Cases where there is a dispute about the definition of "anomaly" and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and "Arbitrator" to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.

(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Department level.

(8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately.

All Ministries / Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 7th Pay Commission's recommendations, as stipulated above.

(G. Srinivasan)
Deputy Secretary (JCA)

DoPT order

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Up-gradation of Grade Pay of LDC and UDC: Case returned by DoPT & directed to take up the matter with MoF

Up-gradation of Grade Pay of LDC and UDC: Case returned by DoPT & directed to take up the matter with MoF

Up-gradation of Grade Pay of LDC and UDC: TCase returned by DoPT to General Secretary, All India Association of Administrative Staff (NG), NSSO(FOD)& directed to take up the matter with MoF.  Contents of DoPT letter reproduced below:-

No. 25/2/20134-CS.II (B)
Government of India
Ministry of Personnel, PG & Pension
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi dated 19thSeptember, 2013

To
T.K.R. Pillai,
General Secretary,
All India Association of Administrative Staff (NG),
NSSO (FOD), Hall No. 201 & 205,
Vijay Stumbh, Zone 1,
Maharana Pratap Nagar,
BHOPAL



Subject: Up gradation of Grade pay of LDC and UDC in the Administrative Branch of Government of India offices.

Sir,
I am directed to refer to your letter No. 3/65/2013 dated 20.6.2013 on the above subject. This Division deals only with LDCs and UDCs of Central Secretariat Clerical Service (CSCS). As the matter referred to in your letter pertains to LDCs and UDCs of Non-CSCS category, you are requested to take up the matter directly with the Ministry of Finance (Department of Expenditure). Your letter No. 3/65/2013 dated 20.6.2013 in original is returned herewith.
Yours faithfully,

(K. Suresh Kumar)
Under Secretary to the Govt of India

General Secretary, AIAAS (NG)'s message thereon:-

Dear friends,
            As has already been informed, the Letter sent to the PM for revision of Grade pay of LDC & UDC by us has been forwarded to JCA, by the DoPT. Accordingly, a letter seeking the status of action taken from the Deputy Secretary, JCA was prepared but before sending the same to him,  the case has received back from the DoP&T wherein it was directed us to take up the matter directly with the Ministry of Finance (Department of Expenditure). The copy of the letter is posted below:

            It is to be noted that while forwarding the case to JCA, the DoPT has observed the LDC & UDC case is related to anomaly and the JCA is the authority to deal the cases of anomaly. An agenda item pertains to the upgradation of the grade pay of the LDC and UDC is pending for discussion in the National Anomaly Committee and the JCA has to convene the meeting for the same. And thus the case should have been put up to National Anomaly Committee. But, now the case is received from the DoPT and not from the JCA and the ground on which the case is returned to the DoPT is not known.

            Since the DoPT has asked us to take up the matter with Ministry of Finance it would be sent. But, we cannot say the action to be taken by the MoF on this most genuine anomaly in the wake of the announcement of 7th Pay Commission/involvement of expenditure. And yet, we have hope, the MoF would suggest something positive. In case it is not happened, as has been suggesting by the readers, it is a case fit to move in the Principle bench of the CAT, I think.

            Suggestions on future action on the matter from the readers are requested please.

With warm regards

Sincerely Yours

(TKR Pillai)
General Secretary
Mob 09425372172

Source: http://aiamshq.blogspot.in/2013/10/ldc-udc-issue-case-returned-by-dopt.html

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