FIXATION OF PAY WHO ARE PROMOTED AFTER 25.07.2016 (DATE OF NOTIFICTION OF CCS (REVISED) PAY RULES 2016.

FIXATION OF PAY WHO ARE PROMOTED AFTER 25.07.2016 (DATE OF NOTIFICTION OF CCS (REVISED) PAY RULES 2016.

Officials who are getting promotion after 25.07.2016 (Date of notification of Revised PayRules 2016), specially MACP-II promotion cases, are confused about their pay fixation.

If an employee is promoted to MACP-II (2800 to 4200) in 6th CPC and then fixed in 7th CPC, will get 2500 to 3000 extra benefit in basic than the official who is promoted in 7th CPC.

Illustration 1: An employee X drawing pay 16490 (13690+2800) on 01.01.2016 promoted to MACP-II on 24/07/2016 and he opted to fix his pay from date of his promotion i.e. 24/07/2016. His fixation will be as below..

on 01.01.2016                16490 (13690+2800)

on 01.07.2016                16990 (14190+2800)

on 05.07.2016                16990*3% = 510

His pay will be                 18900 (14700+4200)

In 7th CPC                      18900*2.57=48573

He will be fixed to            49000 in Level 6

on 01.07.2017                50500

In this case, official have to forget his arrears which will be approximately 40,000.

Illustration 2: An employee Y drawing pay 16490 (13690+2800) on 01.01.2016 promoted to MACP-II on 27/07/2016. His fixation will be as below..

on 01.01.2016               16490 (13690+2800)

In 7th CPC                     16490*2.57=42379

He will be fixed on          42800 in Level 5

On 01.07.2016               44100

On 27.07.2016               Increment 45400 which will be fixed to

                                    46200 in Level 6

on 01.07.2017               47600

Difference between X & Y is 2800

Question: Whether official Y can give option to switch over to 7th CPC from date of promotion(27.07.2016), as in the case of official X?

Answer: NO.  Option to switch over to 7th CPC from date of Promotion/upgradation is only applicable to those who are placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of revised pay rules i.e. 25.07.2016. (Read text in red below)

Question: How can loss of Rs.2800/- be recovered in case of official Y?

Answer: The only way to recover loss is to opt 7th CPC from date subsequent increment i.e. 01.07.2017. But in this case, official B have to forget his 7th CPC arrears upto 01.07.2017, which will be above 1 lakh(approx)(read text in blue below) .

Illustration 3:  An employee X drawing pay 16490 (13690+2800) on 01.01.2016 promoted to MACP-II on 27/07/2016 and he opted to switch over to 7th CPC from date of his subsequent increment i.e. 01/07/2017. His fixation will be as below..

on 01.01.2016                16490 (13690+2800)

on 01.07.2016                16990 (14190+2800)

on 27.07.2016                16990*3% = 510

His pay will be                 18900 (14700+4200)

on 01.07.2017                18900*3%=567=570

He will be                       19470 (15270 +4200)

In 7th CPC                      19470*2.57=50038

Which will be fixed at       50500 on 01.07.2017

Official have to forget arrears, which will be above 1 Lakh.

Read Rule 5 of CCS Revised Pay Rules-2016.

5. Drawal of pay in the revised pay structure.– Save as otherwise provided in these rules, a Government servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed:

Provided that 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:

(Note: Official can elect to draw his pay as per 6th CPC upto 01.07.2016 or upto 01.07.2017)

Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these rules 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.

(Note: Option to switch over to 7th CPC from date of promotion/upgradation will not be available to those who are promoted after 25.07.2016)

Explanation 1.- The option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.

Explanation 2.- The aforesaid option shall not be admissible to any person appointed to a post for the first time in Government service or by transfer from another post on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.

Explanation 3.- Where a Government servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure under Fundamental Rule 22, or under any other rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.

This is on of the biggest/worst anomaly of 7th CPC