7th Pay Commission: Clarification on opportunity to revision of option to come over to CCS (RP) Rules, 2016
F.NO. 2-16/2017-PAP
Ministry of Communications
Department of posts
[Establishment Division / P.A.P Section]
Dak Bhawan, Sansad Marg,
New Delhi- 110001
Dated: 30.1.2020
To
The Chief Postmaster General,
AP Circle,
Vijayawada – 520018.
Sub: Opportunity to revision of option to come over to CCS (RP) Rules 2016.
I am directed to forward herewith letter No. 7-11/7th CPC pay fixation dated 16-12-2019 from General Secretary, National Association of postal Employees Group C, addressed to secretary (Post), regarding the wrong practice of DAP, Hyderabad, issuing clarification dated 22.05.2019 on DoE OM 4-13/17-IC/E-III A dated 12-12-2018 at their level.
2. The matter has been examined at this end and the competent Authority has directed to withdraw the impugned order dated 22-05-2019 issued by PAO, AP circle Hyderabad. The matter may be referred to this office for seeking clarification on the OM of DoE dated 12.12.2018, mentioning specific cases of officers/ officials with service particulars.
(S.B. Vyavahare)
Assistant Director General (Estt.)
The Clarification dated 22.5.2019 issued by PAO, AP circle Hyderabad in respect of Opportunity to revision of option to come over to CCS (RP) Rules 2016
Point of doubt:- In view of M.F. O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial up-gradation in Feb/ March/ August/ September, 2017 and December 2018 are eligible to exercise revised option to come over to revised pay structure on the date of their financial up-gradation under MACPS.
Clarification: The Central Govt. employees have been permitted another opportunity to revise their initial option to come into revised pay structure in terms of Rules 5 & 6 thereof of CCS (RP) Rules, 2016 vide M.F. OM No. 4-13/17-IC/E-IIIA dated 12-12-2018. Wherein, it has been also repeated to make the meaning clear that all other terms and conditions as laid down in the said Rules 5 & 6 shall continue to be applicable for the revised options. As per the second provision of the Rule 5, in cases where a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up-gradation, the Government servant may switch over to the revised pay structure from the date of such promotion or up-gradation, as the case may be. Hence it is clarified that the officials who are awarded promotion /financial up-gradation after the date of notification of the CCS (RP) Rules, 2016 (i.e. 25.07.2016 are not entitled to exercise option/revised option-to come over to the revised pay structure on the date of their promotion /financial up-gradation.
Point of doubt: In view of M.F., O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial up-gradation in Feb/March, 2017 under MACPS are eligible to exercise revised option to come over to revised pay structure on the date of their subsequent increment in pre revised pay structure (i.e. on 01.07.2017).
Clarification: As furnished in the clarification on point of doubt – 1 above, all other terms and conditions as laid down in the Rules 5 & 6 thereof shall continue to be applicable for exercising revised option. As per the first provision of the Rule 5, 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. As per explanation-1 under the Rule 5, the option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or Scale.
Further, switching over to the revised pay structure either on 01-01-2016 or from a later date than 01-01-2016 i.e. on the date of promotion /up-gradation or the date next /any subsequent increment, are applicable under Rule 5 in case of post /Pay Band or Grade Pay held on 01-01-2016. Thus, if the date of next or any subsequent increment (i.e. on 01-07-2016 or any subsequent date of increment) for a post /Pay Band or Grade Pay held on 01-01-2016 falls after the date of promotion, then the date of next/any subsequent increment for the post /Pay Band or Grade Pay held on 01-01-2016 has no relevance for option, as this post /Pay Band or Grade Pay on 01.01.2016 is no longer held on the date of next /any subsequent date of increment.
Hence, it is clarified that the officials who are awarded promotion /financial up gradation under MACPS prior to the next or any subsequent date of increment in the pre revised pay structure are not entitled to exercise option/revised option to come over to revised pay structure on the date of next or any subsequent date of increment i.e. 01.07.2017 ete., (With regards to the said clarification this office Lr. No. No.669/PM-II /IFA/Genl./7thCPC Pay fixation dated 23.07.2018 addressed to the AO(IFA), O/o the Postmaster General, Visakhapatnam by endorsing copies to all the Regional Offices and the Divisional Heads may also be referred to.
Point of doubt on Method of fixation of pay: As per the representations, the officials are seem to be on the opinion that fixation of their pay on promotion/up-gradation on or after 01-01-2016 will be done first in pre-revised pay structure (6th CPC) and then (after placement to the promotional grade in pre revised pay structure), the revision of pay in the revised pay structure will be done as per Rule 7 of CCS (RP) Rules, 2016.
Clarification: In case of an admissible option is exercised to come over to revised pay structure on the date of promotion/up-gradation or on the date of next/any subsequent increment in pre revised pay structure; revision of pay will be made first as prescribed in clause A of sub rule 1 under Rule 7 of the CCS (RP) Rules, 2016 w.r.t. the existing basic pay in pre revised pay structure i.e. in the prescribed existing Pay Band and Grade Pay, and after switching over to the revised pay structure, the fixation of pay on promotion (after 01.01.2016) shall be made as prescribed in rule 13 of the CCS(RP) Rules, 2016.
This has the approval of the General Manager (Finance)
Finance Ministry order for opportunity to revise option to come over to 7th CPC Pay Scale.
Department of Expenditure, Ministry of Finance issued OM 4- 13/17-IC/E-III A dated 12-12-2018. in the matter of giving one more opportunity to revise option to come over to 7th CPC Pay Scale.
This OM issued to invite attention to Rules 5 & 6 of the CCS (RP) Rules, 2016 regarding exercise of option to come over to the revised pay structure effective from 1.1.2016 as notified by the CCS(RP) Rules, 2016 and to say that the said option was to be exercised within 3 months of the date of notification, i.e., 25.7.2016, of the said Rules. The Rule 6(4) thereof provides that the option once exercised shall be final,
The Staff Side of the National Council (JCM) has requested that employees may be given another opportunity to re-exercise their option in view of certain hardships caused to certain employees. A number of references have also been received in this Ministry, proposing that the affected employees may be given an opportunity to re-exercise their option.
The matter has been considered and the President is pleased to decide that in relaxation of the stipulation contained in Rule 6(4) of CCS(RP) Rules, 2016, the Central Government employees, who have already exercised their option to come over to the revised pay structure as notified by the CCS(RP) Rules, 2016, shall be permitted another opportunity to revise their initial option in terms of Rules 5 & 6 thereof. The revised option shall be exercised within a period of 3 months from the date of issue of these orders. The option once exercised in terms of these orders shall be final and shall not be liable to any further change under any circumstances. All other terms and conditions as laid down in the said Rules 5 and 6 shall continue to be applicable.
It is obvious that in respect of those employees who have already exercised option to come over to the revised pay structure from 01.01.2016 itself or in whose case the revised pay structure took effect from 01.01.2016 and who re-exercise their option under these orders to come over to the revised pay structure from a date subsequent to 01.01.2016 as per Rule 5 of CCS (RP) Rules, 2016, the arrears on account of revised pay already drawn by them from 01.01.2016 up to the date from which they now opt to come over to the revised pay structure shall be recovered.
Source: Click to view/download DoP order
COMMENTS