7th CPC: Anomaly arising out of non-grant of option for pay fixation from Date of Promotion or Date of Next Increment (FR 22 (1)(a)(i)]

As per Rule-5 of CCS (RP) Rules 2016 notified by the Government on 25.07.2016.

(a) A Government servant may elect 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 or until he vacates his post or ceases to draw pay in the existing pay structure.

(b) In cases where a Government Servant has been placed in a higher pay or scale between 1st day of January 2016 and the date of notification of these rules (i.e. between 01.01.2016 and 25.07.2016) on account of promotion or upgradation, the Government Servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation as the case may be.

As per the above rules, in the case of promotion or upgradation of a Government Servant before the date of notification of the CCS (RP) Rules 2016, he should elect to switch over to the new pay structure from the date of promotion or upgradation.

Subsequently a clarification is issued by the Department of Expenditure (Implementation Cell) on 29th September 2016 vide OM No. 1-6/2016-IC (Pt) dated 29.09.2016, which clarified the position as follows:

“In case an employee is promoted or upgraded to the higher pay structure he may be permitted to exercise revised option to have the pay fixed under CCS (RP) Rules 2016 from the date of such promotion/upgradation or from the date of next increment as per FR 22 (i) (a) (i).

Thus as per Rule-5(b) an official who is promoted on 24.07.2016 (i.e. one day before the date of notification) can exercise option to fix his pay under CCS (RP) Rules 2016 from the date of 4 promotion or from the date of next increment (falling due after 25.07.2016). Whereas, employees whose date of promotion becomes due on 26-07-2016 i.e., after the date of notification cannot elect to continue to draw their pay in the existing (pre-revised) pay structure till the date of his promotion or till the date of next increment. He should compulsorily opt for fixation of pay in the Revised pay structure on 01.01.2016 or 01.07.2016 as the case may be. This has resulted in an anomalous situation.

If the option to elect the revised pay structure from the date of promotion falling due on a date after the date of notification of CCS (RP) Rules 2016 (i.e. 25.07.2016) or from the date of subsequent increment after promotion date is not allowed, employees who are due promotion/upgradation after the date of notification will suffer a recurring loss upto Rs.4000/- per month throughout their service and corresponding loss in their pensionery benefits also.

The following illustrations are given where an employee is promoted from grade pay of 2800 to 4200 on 17.05.2017 i.e.; after the date of notification.

Illustration –I
Pre-revised pay as on 01.01.2016 (GP 2800)	–	16490
Revised pay on 01.01.2016 -16490 X 2.57	–	42800
Pay on 01.07.2016 (normal increment)	–	44100
Pay after MACP upgradation on 17.05.2017 (one increment fixation in next pay level) (Next increment due in 2018 only)	–	46200
Pay on 01.07.2017	–	46200

Illustration-II (If permitted to opt for fixation of Pay on promotion from the next date of increment after promotion i.e; 01.07.2017 as per FR 22 (i) (a) (i) 

Pre-revised pay as on 01.01.2016 (GP 2800)	–	16490
Pre-revised pay as on 01.07.2016 (one increment)	–	16990
Pre-revised pay as on 01.07.2017 (one increment)	–	17500
Pay after MACP promotion in pre-revised scale on 17.05.2017 (difference in GP – 4200-2800 = 1400 Plus one increment)	–	19430
Revised Pay on 01.07.2017 19430 X 2.57 = 49935 = 50500	–	50500
Difference in Basic Pay between Illustration I and II 50500 – 46200 = 4300	–	4300 (Only in Basic)

In view of the above, it is requested that permission to exercise revised option for fixation of pay under CCS (RP) Rules 2016, from the date of promotion or from the date of next increment falling due after the date of promotion, may be granted to those employees also, whose promotion is due after the date of notification of Revised (RP) Rules 2016.