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.
