Fixation of Pay: RBE No.79/2017 – On promotion – From Date of Next Increment

No.PC-VII/2016/I/6/2, date 31.07.2017

Sub: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, ia context of RS (RP) Rules, 2016 – regarding.       

1. Consequent to implementation of 7^th CPC recommendations, various doubts have arisen over the issue of relevancy of provisions of FR 22(I)(a)(1) as well as the methodology of fixation of pay on promotion to a post carrying duties and responsibilities of greater importance, of a Government Servant in case he opts for pay fixation from the Date of Next Increment (DNI).

2. It was advised to all the Zonal Railways vide Board’s letter of even no. dated 09.03.2017 that the issue has alreatly been referred to Ministry of Finance. Now a detailed clarification over the issue has been issued by Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training (MoP PG&P/ DoP&T) vide their O.M No.13/02/2017-Estt.(Pay-I), dated 27.07.2017 (copy enclosed).

3. The clarifications issued by MoPPG&P/ DoP&T vide their O.M. dated 27.07.2017 will be applicable mutatis mutandis in Railways w.r.t. RS (RP) Rules, 2016.

4. Hindi version will follow.

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

No.13/02/2017-Estt.(Pay-I), dated 27.07.2017

OFFICE MEMORANDUM

Sub:   Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016 – regarding.

1. Prior to implementation of 6^th CPC Report, the pay fixation on promotion was governed by provisions of FR 22(I)(a)(1). In 6^th CPC context, the first part of FR 22(I)(a)(1) was replaced by Rule 13 of CCS (RP) Rules, 2008. Similarly, consequent upon implementation of CCS (RP) Rules, 2016 in 7^th CPC context, the pay fixation on promotion is regulated by the provisions of Rule 13 of CCS (RP) Rules, 2016. This rule regulates pay fixation on promotion if the same is opted by the employee from the date of promotion itself. The issue of relevancy of provisions of FR 22(I)(a)(1) as well as the methodology of fixation of pay on promotion to a post carrying duties and responsibilities of greater importance, of a Government Servant in case he opts for pay fixation from the Date of Next Increment (DNI) has been considered in this Department.

2. In this context, proviso under FR 22(I)(a)(1) inter-alia provides that the Government Servant (other than those appointed on deputation basis to ex-cadre post or on ad-hoc basis or on direct recruitment basis) shall have the option, to be exercised within one month from the date of promotion, to have the pay fixed under this rule from the date of such promotion or to have the pay fixed from the date of accrual of next increment in the scale of the pay in lower grade.

3. After due consideration in this matter, the President is pleased to decide as follows:-

(i) FR 22(I)(a)(1) holds good with regard to availability of option clause for pay fixation, to a Government Servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity, who is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties or responsibilities of greater importance than those attaching to the post held by him/her. Such Government Servant may opt to have his/her pay fixed from the Date of his/her Next Increment (either 1^st July or 1^st January, as the case may be) accruing in the Level of the post from which he/ she is promoted, except in cases of appointment on deputation basis to an ex-cadre post or on direct recruitment basis or appointment/ promotion on ad-hoc basis.

(ii) In case, consequent upon his/her promotion, the Government Servant opts to have his/her pay fixed from the date of his/her next increment (either 1^st July or 1^st January, as the case may be) in the Level of the post from which Government Servant is promoted, then, from the date of promotion till his/her DNI, the Government Servant shall be placed at the next higher cell in the level of the post to which he/she is promoted.

Illustration:

1 Level in the revised pay structure: Level 4 2 Basic Pay in the revised pay structure: 29600 3 Granted promotion in Level 5 4 Pay in the upgraded Level i.e. Level 5: 30100 (next higher to 29600 in Level 5) 5 Pay from the date of promotion till DNI: 30100

Pay Band 5200-20200 Grade Pay 1800 1900 2000 2400 2800 Levels 1 2 3 4 5 1 18000 19900 21700 25500 29200 2 18500 20500 22400 26300 30100 3 19100 21100 23100 27100 31000 4 19700 21700 23800 27900 31900 5 20300 22400 24500 28700 32900 6 20900 23100 25200 29600 33900 7 21500 23800 26000 30500 34900 8 22100 24500 26800 31400 35900 9 22800 25200 27600 32300 37000 10 23500 26000 28400 33300 38100

(iii)   Subsequently, on DNI in the level of the post to which Government Servant is promoted, his/her Pay will be re-fixed and two increments (one accrued on account of annual increment and the second accrued on account of promotion) may be granted in the Level from which the Government Servant is promoted and he/she shall be placed, at a Cell equal to the figure so arrived, in the Level of the post to which he/she is promoted; and if no such Cell is available in the Level to which he/she is promoted, he/she shall be placed at the next higher Cell in that Level.

Illustration:

1 Level in the revised pay structure: Level 4 2 Basic Pay in the revised pay structure: 29600 3 Granted promotion in Level 5 4 Pay from the date of promotion till DNI: 30100 5 Re-fixation on DNI: Pay after giving two increment in Level-4: 31400 6 Pay in the upgraded Level i.e. Level 5: 31900 (either equal to or next higher to 31400 in Level-5)

Pay Band 5200-20200 Grade Pay 1800 1900 2000 2400 2800 Levels 1 2 3 4 5 1 18000 19900 21700 25500 29200 2 18500 20500 22400 26300 30100 3 19100 21100 23100 27100 31000 4 19700 21700 23800 27900 31900 5 20300 22400 24500 28700 32900 6 20900 23100 25200 29600 33900 7 21500 23800 26000 30500 34900 8 22100 24500 26800 31400 35900 9 22800 25200 27600 32300 37000 10 23500 26000 28400 33300 38100

(iv)   In such cases where Government Servant opts to have his/her pay fixed from the date of his/her next increment in the Level of the post from which he/she is promoted, the next increment as well as Date of Next Increment (DNI) will be regulated accordingly.

4.     It is further reiterated that in order to enable the officials to exercise the option within the time limit prescribed, the option clause for pay fixation on promotion with effect from date of promotion/ DNI shall invariably be incorporated in the promotion/ appointment order so that there are no cases of delay in exercising the options due to administrative lapse.

5.     In so far as their application to the employees belonging to the Indian Audit and Accounts Department is concerned, these orders issue in consultation with the Comptroller & Auditor General of India.   

Download Railway Board Circular RBE No.79/2017

Forward reference ⇒ RBE No.