Clarifications required as to Pay fixation on promotion from DNI in 7th CPC scales.

Clarification is required as to the pay fixation on promotion under FR-22(I)(a)(1) consequent on implementation of 7^th CPC rules i.e. CCS(RP) Rules, 2016.

1)                  The fixation of pay in case of promotion from one Level to another in the revised pay structure was notified at Para No.13 of CCS(RP) Rules, 2016.  Further, the method of arriving the next increment in revised pay structure was also notified at Para No.10 of CCS(RP) Rules, 2016(Illustration).  But as per the provisions under F.R-22(I)(a)(1), the Govt. servant can opt for fixation of his pay either from the date of promotion or from the date of his next increment.  But the CCS(RP) Rules, 2016 are silent on the method of fixation of pay when the promoted official has exercised option for fixation of pay from the date of his next increment and what pay has to be drawn for the period from the date of promotion to the date of next increment.  For example:- If any official is promoted in the month of 3/2017 and opted for fixation of pay from the date of promotion, his pay will be fixed in the promoted level in the manner prescribed in Para No.13 of CCS(RP) Rules, 2016 and further increment will be drawn on 1.1.2018 as per Para No.10 of CCS(RP) Rules, 2016.   But if the official opted to fix his pay from the date of his next increment i.e. 1.7.2017, then how the pay is to be fixed on 1.7.2017 and what pay is to be drawn from 3/2017 to 30.6.2017 is not mentioned in the CCS(RP) Rules, 2016.  This issue needs to be clarified by the nodal ministry i.e. Ministry of Finance (Department of Expenditure) since similar clarifications were earlier issued at the time of 6^th CPC implementation vide O.M.No.1/1/2008-IC dated 13.9.2008.

2)                  As per the provisions of FR-22(I)(a)(1), split option has to be submitted by the officials within one month of promotion.  Some of the employees, promoted before 1.1.2016 as well as after 1.1.2016 but before notification of CCS(RP) Rules, 2016, had opted for their pay fixation on promotion from the date of their next increment which was falling after 1.1.2016 in the 6^th CPC pay structure/rules.   Consequent up on implementation of CCS(RP) Rules, 2016, the option submitted by a number of employees turned to be disadvantageous.  Whether such employees may be allowed to revise their options under FR-22(I)(a)(1) as per the provisions contained in DoP&T O.M.No.16/8/2000-Estt.(Pay-I) dated 25.2.2003.   
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Clarifications on 7th CPC orders are to be sought from nodal ministry i.e.Ministry of Finance (Department of Expenditure) 

Clarifications on the issues arising in connection with the implementation of 7^th CPC rules i.e. CCS(RP) Rules, 2016 are to be referred to nodal ministry i.e. Ministry of Finance(Department of Expenditure) as per the provisions contained at Para No.17 of Gazette Notification dated 25.7.2016 issued by the Government of India.

1)         Some of the clarifications are being published in www.sapost.blogspot.com on implementation of Seventh Central Pay Commission.  Here I would like to make a mention that as per the Para No.17 of Gazette Notification dated 25.7.2016 issued by the Govt. relating to 7^th CPC orders, it is clearly mentioned that “if any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Central Government for decision”.  Accordingly the queries relating to 7^th CPC are to be referred through proper channel to the nodal ministry i.e. Ministry of Finance (Department of Expenditure) for decision/clarification.  

2)         Based on the clarifications being published in www.sapost.blogspot.com,  many of the officials are getting confused particularly about two issues. 

(i) Issue No.1:- Whether the officials who were promoted/granted financial up-gradations under MACPS between the period from 2.1.2016 to 30.6.2016 can opt to switchover to new pay structure from the date of their next increment in old pay structure (i.e. 1.7.2016) or not. 

(ii) Issue No.2:- Whether the officials who were due to get their promotion/financial up-gradation under MACPS after the date of issue of 7^th CPC notification (i.e. 25.7.2016) can opt to continue in old pay structure till they earn any subsequent increment in the old pay structure (i.e. 1.7.2017, 1.7.2018 etc.) or not.

(A) Discussion on Issue No. 1:- Here it is to mention that there are two provisions available below Rule 5 of CCS(RP) Rules, 2016.  The 1^st proviso to Rule 5 of CCS(RP) Rules, 2016 allows the Govt. servant 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”.  The 2^nd proviso to Rule 5 of CCS(RP) Rules, 2016 allows the Govt. servant “to switch over to the revised pay structure from the date of promotion or upgradation” where such promotion or upgradation was granted between 1.1.2016 to the date of notification (i.e. 25.7.2016).  However the 2^nd provision does not allow to switch over to revised pay structure in case promotion/upgradation is due on a date later than the date of notification (i.e. 25.7.2016).  From a reading of these two provisions, there is no compulsion that the Govt. servant (who was promoted between 1.1.2016 to 25.7.2016) should necessarily switch over to revised pay structure from the date of promotion/upgradatioin only.  As per the 1^st provision, the Govt. servant can continue to draw pay in the old pay structure till the date of next increment (i.e. 1.7.2016) and can switch over to the new pay structure from 1.7.2016 by foregoing the arrears from 1.1.2016 to 30.6.2016.  Here some wrong interpretations are also occurring on the basis of Explanation 1 below Rule 5 of CCS(RP) Rules, 2016.  The explanation 1 below Rule 5 is to be read in conjunction with the Memorandum Explanatory to Rule 5 of the CCS(RP) Rules, 2016 as mentioned at page 36 of Gazette notification dated 25.7.2016.  It is clear from the Memorandum Explanatory to Rule 5 of CCS(RP) Rules, 2016 at page 36 of Gazette Notification dated 25.7.2016 that the condition of retaining only one existing pay band and grade pay or scale is applicable in cases where there are two or more promotions involved between 1.1.2016 to 25.7.2016.  For example:- An official drawing G.P of Rs.2400/- got his 1^st MACP to the G.P of Rs.2800/- in the month of 2/2016 and then he got another promotion (on account of passing in examination) to the G.P of Rs.4200/- in the month of 5/2016.  Then, he cannot retain both pay bands & grade pay in old pay structure now.  In such case the official has to switch over to the new pay structure either from 1.1.2016 or from the date on which he got 1^st MACP (i.e. 2/2016) and then his pay on promotion to the G.P. of Rs.4200/- will be fixed in revised pay structure only.  The rule is required to be applied in true spirit and there should not be any ambiguity in allowing the Govt. servants who got only one promotion/upgradation between 1.1.2016 to 30.6.2016 to exercise option to switch over to new pay structure by continuing in old pay structure up to the date of next increment in old pay structure i.e. 1.7.2016.

(B)Discussion on Issue No. 2:- Here it is to mention that the 1^st proviso to Rule 5 of CCS(RP) Rules, 2016 allows the Govt. servant 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”.  The 2^nd proviso to Rule 5 of CCS(RP) Rules, 2016 allows the Govt. servant “to switch over to the revised pay structure from the date of promotion or upgradation” where such promotion or upgradation was granted between 1.1.2016 to the date of notification (i.e. 25.7.2016).  However the 2^nd provision does not allow to switch over to revised pay structure in case promotion/upgradation is due on a date later than the date of notification (i.e. 25.7.2016).  From a reading of these two provisions, it is clear that the Govt. servant can continue to draw pay in the existing pay structure till the date of earning subsequent increment in the existing pay structure.  The Govt. is well aware of the fact that only one increment i.e. on 1.7.2016 was drawn to all the Govt. servants in the old pay structure as on the date of issue of Gazette notification dated 25.7.2016.  If the Govt. does not want to allow Govt. servants to continue in old pay structure after the date of notification i.e. 25.7.2016, then the word “subsequent increment”  should have been deleted in the Gazette notification dated 25.7.2016 in Rule 5 as well as in the option form also.  Thus in my opinion the Govt. servants can also switch over to the new pay structure from the date of their earning subsequent increment by foregoing the hike in salary as per 7^th CPC orders from 1.1.2016 to the date opted by the Govt. servant i.e. 1.7.2017, 1.7.2018 etc.

3)         It is also mentioned at Para No.16 of Gazette notification dated 25.7.2016 that the President can dispense with or relax the requirements of the rules provided the operation of all or any provisions of the 7^th CPC rules causes undue hardship in any particular case.  As such, if any doubts are raised relating to the issues in implementation of 7^th CPC orders which are in the nature of causing undue hardship to the officials, then such issues are to be taken up through proper channel with the nodal ministry i.e. Ministry of Finance (Department of Expenditure) for decision/clarification to avoid loss to the Govt. servants.   

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Shri. G.Nagaraju, Accountant, % SPOs, Sangareddy Division, AP Circle