7th CPC: Applicability of FR 22(I)(a)(1) in fixation of pay in case of promotion/upgradation after 01.01.2016

Implementation of 7th CPC Recommendation: Fixation of pay on promotion/ upgradation after 01.01.2016: Clarification regarding.

No.AT/II/2702/Clar

To
The PCA (Fys)
Kolkata

Subject: Implementation of 7th CPC Recommendation: Fixation of pay on promotion/ upgradation after 01.01.2016: Clarification regarding.

Reference: Your office letter No Pay/O/I/7th CPC/Pay fixation dated 16-08-2016 and 06-01-2017.

The issues raised in your office above mentioned letter have been examined and the following is stated:

Sl No.	Point of Doubt	Remarks
1.	Whether FR 22(I) (a) (1) still holds good in its present form with all the attendant conditions or the same has got modified on introduction of 7th CPC pay structure and if yes what is the extent of modification of above FR.	In this regard para 15 of CCS (RP) Rules 2016 may be referred to, which states that the provisions of Fundamental Rules shall not save as otherwise provided in ibid CCS (RP) Rules, apply to cases where pay is regulated under CCS (RP), Rules 2016 to the extent they are inconsistent with these rules.
2.	Whether in case a Govt servant promoted between the period of 2nd January and 1sst July opts to get his pay fixed from the date of next increment under FR 22 (I) (a) (1), his pay in the revised pay structure will be re-fixed by giving two increments in the lower level, i.e., one annual increment and second on account of promotion, and then placed at a cell in the level of the post to which promoted with DNI on 1st July of next year OR only one increment on date of promotion is to be allowed in the lower level and placed at a cell in the level of promoted post with DNI on 1st January of next year.	The issue whether a Govt servant promoted/upgraded between the period of 2nd January and 1st July can opt to get his pay fixed from the date of next increment under FR 22 (I) (a) (1), has been taken up with MoD. Further correspondence in this regard may be awaited.
3.	Mr X and Mr Y both were drawing basic pay Rs.10160/- in PB-1 with Grade Pay Rs.2400/- as on 01-01-2016. Their revised pay under 7th CPC becomes Rs.32300/- in Level 4. Mr X was granted MACP in level 5 on 03-06-2016, accordingly his pay has been fixed at Rs.33900/- in level 5. Whereas Mr Y was granted MACP on 02-07-2016 in level 5 entitling him for an annual increment on 01-07-2016 to reach Rs.33300/- and then his pay on account of MACP fixed on 02-07-2016 to reach Rs.34900/- As such though Mr X is senior to Mr Y and both officials are getting equal pay upto 02-06-2016, after revision of pay under 7th CPC the pay of Mr X becomes less than the pay of Mr Y, thus creating an anomaly.	It is viewed that the anomaly has been arisen due to the fact that both the officials have opted to enter the 7th CPC on 01-01-2016. If Mr X opts to enter 7th CPC on the date of his increment. i.e., 01-07-2016, he would get two increments in the lower level of pre-revised structure and then his pay will be revised under 7th CPC to reach at Rs.35900/- as under and the anomaly would not arise. However, as the issue as to whether a Govt servant promoted/upgraded between the period of 2nd January and 1st July can opt to get his pay fixed from the date of next increment under FR 22 (I) (a) (1), has been taken up with MoD, the clarification/guidance from MoD may be awaited.

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