Representations received from various HAG level Officers of Indian Railways regarding inconsistency in pay consequent to implementation of 7th CPC recommendations.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. PC-Vll/2017/R-U/1
New Delhi, dated : 11/06/2020
The General Manager/CAOs(R),
All Zonal Railways & Production Units,
(As per mailing list)
Sub: Representations received from various HAG level Officers of Indian Railways regarding inconsistency in pay consequent to implementation of 7th CPC recommendations.
Ref: Board’s letter No. PC-VIl/2017/R-U/l dated 05.12.2017 (Annexure-1)
Please refer to Board’s letter mentioned above advising that the issue arisen post 7th CPC implementation i.e. junior officers drawing more pay than those of seniors stood referred to Ministry of Finance (MoF). With reference to the context, it is stated that MoF vide their OM No. 4-9/2017 IC/E.IIIA dated 10.07.2019 (Annexure-II) provided detailed reply in respect of various situations. Representation s received in Board ‘s office were examined in the light of MoF’s advice and separate replies were given to the respective Railway(s)/PU(s). However, queries on the subject matter are still are being made by certain Railways/officials. Therefore, in order to maintain uniformity across the Railways, clarification given by Ministry of Finance is enclosed as Annexure-II which inter-alia is tendering following advice:-
(i) Disparity in pay between officials belonging to different cadres (Inter-cadre) is not an anomaly.
(ii) Cases where the pay of senior and juniors officers belonging to same service (intra-service) failing at the same stage is not an anomaly.
(iii) Cases of Intra-cadre disparity may be examined under relevant provisions by the Administrative department under consultation with Department of Personnel & Training.
(iv) Ministry of Railways proposal seeking modification of Ministry of Finance’s OM dated 07.09.2016 to reduce the period for granting the stagnation increment from two years to one year has not been agreed to by Ministry of Finance with views that the same is not possible due to wide ramifications across all the cadres.
2. With respect to the issue (iii) above, it is further advised that statutory provisions regarding stepping up of pay in cases where a Railway Servant promoted to a higher post immediately before 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after 1st day of January, 2016 are already contained in Rule 7 (10) of RS(RP) Rules, 2016. As regards the cases arising after promotion s effected after switching over to 7th CPC pay structure the same may be examined under the relevant instructions relating stepping up of pay issued vide letter No. F(E)II/94/PAI/2 dated 07.12.1994 (RBE No. 108/94) (Annexure-III) and the latest instructions issued by Department of Personnel & Training vide their OM No. 4/3/2017-Estt. (Pay-I) dated 26.10.2018 (Annexure-IV).
3. Necessary action on the subject matter may be taken keeping in view of the position as mentioned above. Still, if any policy clarification is required on the issues not covered by above, detailed pay particulars of affected official(s) alongwith views of the Railway and Associate Finance of the concerned Railway may be sent to Board’s office for examination.
4. This issues with the approval of Competent Authority.
Encl. As above.
(Jaya Kumar G)
Dy. Director, Pay Commission-VII
Railway Board
Annex -I
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. PC-VII/2017/R-U/1
New Delhi, dated 05 /12/2017
The General Manager/CAOs(R),
All Zonal Railways & Production Units,
(As per mailing list)
Sub: Representations received from various HAG level Officers of Indian Railways regarding inconsistency in pay consequent to implementation consequent to implementation of 7th CPC recommendations .
Post 7th CPC implementation, queries have been raised by several Railways regarding erstwhile Junior Officers drawing more pay than those senior in terms of DITS/date of entry in Group ‘A’ Service, in situations where ‘Stepping-up’ rules are not applicable.
2. It is conveyed that a comprehensive reference on this account has been sent to Ministry of Finance and response is awaited.
(Jaya Kumar G)
Dy. Director, Pay Commission-VII
Railway Board
ANNEX-II
No.4-9/2017-IC/E .IIIA
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi-110001
Dated the 10th July, 2019
OFFICE MEMORANDUM
Subject: Representations received from various HAG level officers of Indian Railways – Regarding inconsistency in pay due to 7th CPC recommendations ·reg.
The undersigned is directed to refer to D.O. No. PC/VII/2017/R-U/1 dated 14.02.2019 from Chairman, Railway Board and Ex-officio Principal Secretary, Ministry of Railways addressed to then Finance Secretary on the above subject, in continuation of Ministry of Railways earlier O.M.s dated 23.03.2017 and 19.12.2017 suggesting to modified Ministry of Finance O.M. No. 1-6/20 16-IC dated 07.09.2016 to permit one stagnation increment for all HAG and HAG+ officers who had reached the maximum of the scale of Rs. 79,000/- and Rs. 80,000 respectively, one year prior to 01.01.201.6, for each completed year of stagnation instead of two years prescribed m the Ministry of Finance’s above referred O.M.
2. In their earlier references Railway Board has made inter-service and intra-service comparisons and pointed out that the issues relating to inter-service anomalies in pay fixation due to 7th CPC implementation. With illustrations, Railways Board has highlighted that senior officer who was drawing more pay all along than his junior , but post 7th CPC, begin to draw same pay as an officer of the same service junior to him by several years.
3. Railway Board has also mentioned that the situation has arisen due to relative stagnation of senior HAG/HAG+ officers at the maximum of the pre-revised pay structure as on 01.01.2016 since the pay scales of HAG (67,000- 79,000) and HAG+ (75,500-80,000) were extremely narrow and in order to address this situation, Railway Board has proposed that the above modifications.
4. The pay disparity of different officers cited by the Railways have been examined and the following is observed:
(i) Shri Anil Randa, IRSME vrs Shri C.L.Bharti, IRPS – It is seen that both the officers belong to two different services. Slu·i Anil Randa got NF (HAG) on 07.08.2012 & regular HAG on 04.01.2013 i.e before 7th CPC and Shri C.L.Bharti got NF (HAG) on 01.11.2016 after 7th CPC. The pay of Shri C.L.Bharti has exceeded that of Shri Anil Banda after the former got NF (HAG) on 01.11.2016. Inter cadre pay disparity is not an anomaly.
(ii) Shri A.nil Banda, IRSME (SCRA 75 Batch) vrs Shri Sunil Bajpai, IRSME (SCRA 80 Batch)- Both the officers belong to the same service. Shri Anil Randa got NF (HAG) on 07.08.2012 and regular HAG on 04.01.2013 before 7th CPC. Shri Sunil Bajpai, got NF(HAG) on 14.07.2016 after 7th CPC. As on 14.07.2016 both of them are at same stage i.e Rs. 2,11,300/ – (Level 15). Both the senior and the junior are in the same stage. Therefore, there is no anomaly.
(iii) Shri P.V.Vidialingam, IRAS (1981) vrs Smt. Manjula Rangarajan, IRAS(1984)- Both of them belong to the same service. Shri P.V Vidialingam got HAG on 01.07.2013 and Smt. Manjula Ra ngarajan got HAG on 01.07.2015 both before 7th CPC. On Ol.Ol.20J A (on. Pay fixation under 7th CPC) both of them have been placed at Rs. 2,05, 100. Since the pay of the junior officer Smt. Rangarajan has not exceeded the pay of the senior officer, there is no anomaly.
(iv) Shri A.K Harit, IRSE (1977) vrs Shri M.K Gupta, IRSE(l979)- Both the officers belong to the same service. Both of them were in HAG grade (79000) on 30.12.2014. Shri A.K Harit got GM grade (80,000) on 31.12.2014 and Shri M.K Gupta continued to be on HAG grade. On 01.01.2016 the pay of Shri A.K Harit was fixed at Rs.2, ll,600(Level 16) and the pay of Shri M.K.Gupta was fixed at Rs, 2,ll,300 (Level 15) after grant of an increment. On 01.07.2016 the pay of Shri AK Harit was fixed at Rs.2,17,900(Level 16) and pay of Shri M.K.G upta fixed at Rs.2,17,600 (Level 15) after grant of annual increment. Shri A.K.Harit retired on 31.08.2016 from Level 16 (Rs.2,17,900). Whereas Shri M.K.Gupta got promoted to GM grade on 25.07.2016 and his pay was fixed at Rs.2,24,400 (Level 16). The pay of Shri Gupta has exceeded that of Shri Harit on 25.07.2016. Since there is intra cadre disparity , the case of Shri Harit for steppjng up pay with that of Shri M.K Gupta may be examined under relevant provisions by the Administrative Department in consultation with DOPT.
5. As may be seen from para 4 above, the examples at para 4(i), (ii) and (iii) above are not pay anomaly. The example cited at para 4 (iv) seems to be an anomaly which may be examined under the relevant provisions of stepping up of pay in consuliation with DOPT. In view of the above, the proposal of Railway to permit one stagnation increment for alJ such HAG and HAG+ grade officers who reached the maximum of the scale of Rs.79,000 and 80,000 respectively one year prior to 01.01.2016, instead of two years prescribed at present, is also not possible. Further this may have wide ramifications across all the cadres. Therefore, the proposal of Railway is not agreed to.
(Ram Gopal)
Under Secretary to the Government of India
To
Ministry of Railways,
(Executive Director, PC-II),
Pragati Maidan Metro Station,
New Delhi
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