RBE No. 187/1989: Fixation of Pay – Counting Special Pay

No.PC-IV/89/RSRP/1, dated 20.07.1989

Sub: Special pay of Rs.35 granted to Clerks Grade I (re-designated as Accounts Assistant) in Railway Accounts Department – Inclusion thereof in the existing emoluments under Rule 7(I)(B) of the RS(RP) Rules, 1986.

1.     Reference this Ministry’s letter No.PC-III/79/SP/1/UDC, dated 11.07.1979 regarding grant of special pay of Rs.35 p.m. to the Upper Division Clarks (Senior Clerks and Clerks Gr.I) in non-Secretariat Administrative Offices attending to work of a more complex and important nature. While this special pay of Rs.35 has been revised to Rs.70 with effect from 01.01.1986 in the case of all Railway Departments (except Accounts Department), in the case of Clerks Grade-I of Accounts Department special pay stands abolished consequent upon introduction of higher functional grade of Rs.1400-2600 based on the recommendations of the Fourth Pay Commission. Further, special pay of Rs.35 was not treated as part of existing emoluments for the purpose of fixation of pay in the revised scale as per Rule 7(1)(B) of the RS(RP) Rules, 1986. A number of Clerks Grade-I (Account Assistants) filed petition before the Central Administrative Tribunal, praying for treatment of spatial pay of Rs.35 as part of ‘existing emoluments’ for the purpose of fixation of pay in the revised scale because no special pay has been granted to them with the revised scale. The Tribunal has allowed their petition and has directed for treating a special pay of Rs.35 as part of ‘existing emoluments’ under Rule 7(1)(B) of the RS(RP) Rules, 1986. It has been decided to implement the judgment.

2.     The question regarding extension of the benefit of the judgment of the Tribunal to similarly placed persons has also been under consideration of the Government. The President is now pleased to decide that the benefit of the judgment of the Tribunal in this regard may be extended to similarly placed persons in the Railway Accounts Department by treating the special pay of Rs.35 drawn by them in the pre-revised scale as part of the ‘existing emoluments’ for the purpose of fixation of pay in the revised scale of pay under Rule 7(1)(B) of the RS(RP) Rules, 1986.

3.     As a result of application of these orders, there may arise cases where juniors performing complex nature of functions in the pre-revised set up and consequently getting special pay of Rs.35 may get their pay fixed in the revised scale at a higher stage than the seniors who were not performing the complex nature of functions and were, therefore, not getting the special pay. Such cases, if any, cannot be treated anomalous because juniors will be drawing higher pay then seniors by virtue of having performed duties of complex nature and drawn special pay. Thus, there will be no question of stepping up of pay of seniors on this account.

Download Railway Board Circular RBE No. 187/1989

Forward reference ⇒ RBE No.

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