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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 16.10.2015
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 16.10.2015
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
NFIR – Fixation of pay of ex-servicemen re-employed on the Railways – clarification reg.
Fixation of pay of ex-servicemen re-employed on the Railways – clarification reg.
RBE No.122/2015
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
New Delhi, dated 08.10.2015
No.E(G)2013/EM 1-5
The General Manager(s),
All Indian Railways &
Production Units.
Sub: Fixation of pay of ex-servicemen re-employed on the Railways – clarification reg.
The issue regarding fixation of pay of ex-servicemen re-employed on the Railways was taken up by NFIR in the PNM. It was pointed out that the policy instructions on the issue were not been implemented on the Zonal Railways in their proper perspective and there was a lot of confusion in the matter. They had requested for issue of suitable guidelines/clarification in the matter.
2. As the Railway administration are aware, fixation of pay of ex-servicemen re-employed on the Railways is done on the basis of instructions contained in Railway Board’s letter No. PC-VI/2009/1/RSRP/2 dated 30/4/2009 read with instructions contained in letter No.E(G)86/EM 1/8 dated 21/1/87 and the clarificatory instructions issued vide letter No.E(G)2013/EM 1-4 dated 24/7/2013 and E(G)2010/EM1/2 pt. dated 12/12/2011.
3. It may be stated that Para 3 (iv) of the DOP&T’s OM dated 05.04.2010 as circulated vide Board’s letter No. E(G)2010/EM 1/2 pt. Dated 12.12.2011 is applicable in respect of persons re- employed prior to 01.01.2006 and were in re-employment as on 01.01.2006. Thus, for this category of persons, pay would have been already fixed as per V CPC provisions as on 01.01.2006. Para 3(iv) prescribes manner of pay fixation/migration to VI CPC scales, in case of PBOR persons, Commissioned Officers etc.
4. Para 3(v) of the OM dated 05.04.2010 prescribes manner of pay fixation/migration to VI CPC scales, in case of PBOR persons, Commissioned Officers etc., who retired prior to 01.01.2006 and have been re-employed after 01.01.2006 and before issue of the OM dated 05.04.2010.
5. Thus, the Paras 3(iv) and 3(v) have detailed provisions for pay fixation/fitment as per VI CPC rates, for allranks of re-employed pensioners who retired prior to 01.01.2006 and re-employed as on and after 01.01.2006 and before issue of the OM dated 05.04.2010 respectively.
6. It may also be stated that the Orders make a clear distinction between fixation of pay of those who were Commissioned Officers and those who were non-commissioned. In the case of Commissioned Officer, non-ignorable pension is deducted, but last pay drawn (with Grade Pay in the re-employment post) is allowed, in terms of para 2 of OM dated O5.04.2010.
7. In the case of non-commissioned officers, pension is not deducted and pay is allowed only at the Entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 01.01.2006 as notified vide section II of First Schedule to RS(RP) Rules, 2008, in terms of para 2 of the OM dated 05.04.2010.
8. As regards the Federation’s demand that MSP will have to be reckoned for fixation of pay, the provision is already there vide DOP&T’s OM No. 3/19/2009-Estt. Pay-II dated 8/11/2010 which was circulated to the Railways vide Board’s letter No.E(C)2013/EM 1-4 dated 24/7/2013 which stipulates that all defence officers/personnel whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment.
9. Please acknowledge receipt.
10. Hindi version will follow.
(D. Joseph)
Dy. Director Estt(Genl)
Source:- NFIR
Clarification regarding fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years
Clarification regarding fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years
Clarification regarding fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defence Forces.
FILE NO. 01-01/2011-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS AND I.T.
DEPARTMENT OF POSTS (ESTABLISHMENT DIVISION)
DAK BHAWAN, SANSAD MARG, NEW DELHI-110001.
THE: 15th September, 2015.
TO
All Chief Postmasters General,
Chief General Managers, PLI, BD&MD,
Deputy Director General (PAF), Postal Dte.,
All General Managers(Finance),
All Directors of Accounts (Postal),
The Director Postal Staff College of India, Ghaziabad,
All Directors of PTCs.
Sub: Clarification regarding fixation of Pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces.
Sir/Madam,
I am directed to forward herewith a copy of clarification issued by the Ministry of Personnel, PG and Pensions, Department of Personnel and Training, New Delhi, DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015 on the subject cited above, for kind information and further necessary action at your end.
2. Clarification may be circulated to all sub-ordinate offices concerned, with direction to dispose all cases of pay fixation of re-employed ex-servicemen pensioners retiring before, attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces, in light of clarification issued.
Enclosed: As above
Yours faithfully,
sd/-
(Major S.N. Dave)
Assistant Director General(Estt.)
Department of Personnel & Training
Establishment (Pay-II)
Reference preceding notes
D/o Posts may please refer to their proposal on preceding page seeking clarification regarding fixation of pay of re-employed/ex-servicemen pensioners retiring before attaining the age of 55 years, who held posts below commissioned officer rank in the Defence Forces and also whether the last pay drawn before retirement is subject to protection.
2. The. matter has been examined in this Department. It is pointed out that paras 4(a), 4(b)(i) and 4(d)(i) of DOS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 as amended vide this Department’s OM. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, provide that in case of ex-servicemen
who held post below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, that is, no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms Of the Para flin) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide this Department’s O.M. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, the initial pay on re-employment shall be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the case of direct recruits appointed on or after 1.1 .2006. as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. These instructions do not provide for protection of last pay drawn before retirement, in such cases.
3. Deputy Secretary (Pay) has seen.
sd/-
(Pushpender Kumar)
Under Secretary (Pay)
D/o Posts [ADG (Estt.)], Dak Bhawan, New Delhi
DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015
Authority: www.indiapost.gov.in
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