7th CPC Revision of Option to come over to revised pay structure – Clarification in case promotion/macp/upgradation after 25.07.2016

7th CPC Revision of Option to come over to revised pay structure – Clarification in cases promotion/macp/upgradation after 25.07.2016 – reg.

Office of the General Manager (Finance)

PAO, A.P.Circle, Hyderabad

No.180 /IFA/VIICPC/PF/clarifications

Dated 22/05/2019

To

The Postmasters General,

Vijayawada / Visakhapatnam /Kurnool /,

Hyderabad/Hyderabad HQs

Sir,

Subject: – CCS (RP) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure – Clarifications.

Ref: This office Lr. No.669/PM-II/IFA/Genl./7thCPC Pay fixation dated 23.07.2018.

Following the O.M. No.4-13/17-IC/E-IIIA dated 12th
December, 2018 issued
by the Department of Expenditure, Ministry of Finance on the opportunity for
revision of option to come over to revised pay structure, this office has received
references seeking clarification on the eligibility of the officials for exercising revised
option from some of the units namely; O/o CPMG – Vijayawada, HRO – ‘V’ Division and Waltair RS HO in Visakhapatnam Division in A.P. Circle. The matter has been
perused with reference to the OM dated 12.12.2018 and the CCS (RP) Rules, 2016
and the point of doubts are clarified as under: –

1. 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 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.

2. 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.)

3. 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).

Sr.AO (IFA)