Friday, October 07, 2016

Cases for consideration by the Anomaly committee -2 - regarding

Sub: Cases for consideration by the Anomaly committee - regarding

1. I take this opportunity for submission of the following case for consideration by the anomaly committee.

2. The case
This is regarding the option for pay fixation on promotion from the date of next increment. The promotion includes the promotion under MACPS.

3. The anomaly
Rule 13 of CCS (RP) Rules stipulates that only those officials who have got a promotion between the dates of implementation of the 7th CPC (1.1.2016) and date of notification (25.7.2016) are eligible for pay fixation on the date of promotion or date of next increment.

FR 22 provides for the option for fixation of pay either on the date of promotion or on the date of next increment. Moreover, every promotion order must contain a clause to this effect. This benefit is guaranteed by the statutory provisions of FR 22.

Prior to 6th CPC also, this provision was available, even though the date of next increment is personal to each officials. Even though the 6th CPC introduced a uniform date of increment on 1st July, this benefit under FR 22 has been made available in case of promotion.

Prior to 6th CPC, there were scales of pay for various cadres. For an official who opted for pay fixation on the date of next increment, the official was placed at the next higher stage of the promoted scale from the date of promotion to the date of next increment. On the date of next increment, his pay was fixed in the promoted scale at a stage which was next higher to the figure arrived at by adding one increment in the feeder scale, subject to a minimum of Rs. 100.

As per CCS (RP) Rules 2008, the scales were replaced by pay band and Grade pay. In this case also, for an official who opted for pay fixation on the date of next increment, the official was given the difference of grade pay for the period between the date of promotion and the date of increment. On the date of next increment, his pay was fixed as per RP (Rules) 2008.
As per CCS (RP) Rules 2016, such option is available only for those officials who have been promoted between 1.1.2016 and 25.7.2016. The officials who are promoted after 25.7.16 are denied this option, as they are put into loss. This forces those officials who are promoted after 25.7.2016 to opt for their pay fixation on the date of promotion itself. It is to be noted that as per CCS (RP) Rules 2016, there will be no benefit between the date of promotion and the date of next increment, even if the opts for his pay fixation on the date of next increment.

In such a situation those officials will be put into a great financial loss.

Consider the case of a government with following details.

A government servant drawing Rs. 44100 in level 5 is promoted to level 6 with effect from 1.3.2017 (MACP II). As per CCS (RP) Rules 2016, his pay would be fixed as follows.

Fixation on the date of promotion itself 1.3.2017
Pay in the present level 5 on the date of promotion 1.3.17 Rs. 44100
Next stage in level 5 on 1.3.17 Rs. 45400
Pay fixed in level 6 on 1.3.17 Rs. 46200
Pay on the date of next increment 1.1.18 Rs. 47600
Fixation on the date of next increment 1.7.2017
Pay in the present level 5 on the date of promotion 1.3.17 Rs. 44100
Pay in the present level 5 on the date of next increment 1.7.17, after normal increment in level 5 Rs. 45400
pay after adding one increment in level 5 for promotion on 1.7.17 Rs. 46800
Pay on the date of next increment 1.1.18 Rs. 47600
Benefit between 1.3.17 to 30.6.17 Nil
It can be observed that if the option for pay fixation on the date of next increment is available, the official will get Rs. 47600 on 1.7.17 itself instead of on 1.1.18. But, the official is not extended any financial benefit between 1.3.17 to 30.6.17, which is guaranteed under the statutory provisions of FR 
22. 
As per the provisions contained in the CCS (RP) Rules 2016 itself this is an anomaly since this benefit is extended to a section of employees who were promoted between 1.1.16 and 25.7.16 and the same benefit is denied to the rest of the employees who are promoted after 25.7.16, which is a violation of equality before law as guaranteed by Article 14 of the Constitution of India.
              
4. Remedy suggested:
In Rule 13 of CCS (RP) Rules 2016 the following modifications are to be given.

“In case of promotion, the official will have the option to have his pay fixed as on the date of promotion or on the date of next increment, as per the statutory provisions of FR 22.

For option for pay fixation on the date of promotion, the procedure prescribed under RP rules 2016 holds good.

For option for pay fixation on the date of next increment, for the period between the date of promotion and the date of next increment, the pay should be fixed at the cell in the promoted level which is just higher to the pay in the lower level. On the date of next increment, his pay should be brought back to his original level and the pay should be fixed as per RP rules 2016, after drawal of the periodical increment.  

For example, consider the following case cited early.

A government servant drawing Rs. 44100 in level 5 is promoted to level 6 with effect from 1.3.2017 (MACP II). As per RP Rules (2016), his pay would be fixed as follows.

Fixation on the date of next increment 1.7.2017

Pay in the present level 5 on the date of promotion 1.3.17 Rs. 44100
Pay in the present level 5 on the date of next increment 1.7.17, after normal increment in level 5 Rs. 45400
pay after adding one increment in level 5 for promotion on 1.7.17 Rs. 46800
Pay on the date of next increment 1.1.18 Rs. 47600
Benefit between 1.3.17 to 30.6.17 Rs. 44900
The RP rules 2016 should be modified as above. Then only, all officials will get the same kind of benefit.
.
Thanking you.

From
Shri. R.Hariharakrishnan
Postmaster,
Srivaikuntam HO
Tamilnadu -  628601

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