RBE No. 28/2009: Fixation of Pay – Clarifications

S. No.

Points of Doubt

Clarifications

1

As per the provisions of Rule 1313 [FR 22 (1)(a)(1)] of Indian Railway Establishment Code, Vol-II, (Sixth Edition  1987, 2^nd Reprint, 2005) split option has to be submitted by the eligible employee (other than those appointed on deputation to ex-cadre post or ad-hoc basis or on direct recruitment basis) within one month of promotion. Some of the employees promoted before 01.01.2006 as well as after 01.01.2006 but before notification of Railway Services (Revised Pay) Rules, 2008  implementing 6^th CPC recommendations, had opted for their pay fixation on promotion from the date of their next increment which was falling after 01.01.2006 in the 5^th  CPC scales as per the rules/ pay structure then in force. Consequent upon implementation of 6^th CPC in September, 2008 effective from 01.01.2006, the option submitted by a number of employees has now turned to be disadvantageous. Whether such employees may be allowed to revise their options under Rule 1313 [FR 22 (I)(a)(1)] of Indian Railway Establishment Code, Vol-II (Sixth Edition 1987, 2^nd Reprint, 2005).

Railway Board’s letter No.E(P&A)II-2003/PP-1, dated 16.10.2003 (RBE No. 181/2003) provides that a Railway Servant may give a revised option for fixation under Rule 1313 [FR 22(1)(a)(1)] of Indian Railway Establishment Code, Vol-II, (Sixth Edition  1987, 2^nd Reprint, 2005) within one month from the date of orders of such unforeseen developments or change of rules. In any such cases that have resulted from the notification of Railway Services (Revised Pay) Rules, 2008, Railway servants may be allowed to exercise a revised option for fixation of their pay in the promotion post within one month from the date of issue of these clarifications.

2

As per Rule 5 of the Railway Services (Revised Pay) Rules, 2008, a Railway Servant placed in a higher pay scale between 01.01.2006 and the date of notification of these rules on account of promotion, up-gradation of pay scales etc. can elect to switch over to the revised pay structure from the date of such promotion (i.e. after placement in the promotional grade), up-gradation etc. The employees promoted or upgraded to higher grade have option to have their pay fixed/ re-fixed as per the provisions of  Rule 1313/ 1317 [FR 22, FR 23] of Indian Railway Establishment Code, Vol-II (Sixth Edition 1987, 2^nd Reprint, 2005) from the date of next increment etc.

Whether such employees covered by Rule 5 of Railway Services (Revised Pay) Rules, 2008, can also revise their options now to choose either from the date of promotion/ up-gradation or the date of increment etc. (which may fall on the 1^st July 2006, 2007, 2008 or 2009 etc.) as annual increment in the new structure is given uniformly on the 1^st July?

Whether such option will also be available in the cases of ad-hoc promotions (whether or not followed by regularization without break).

Proviso to Rule 5 of the Railway Services (Revised Pay) Rules, 2008 states that  a Railway Servant may elect to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale, or until he vacates his post, or ceases to draw pay in that scale.

The Rule ibid further provides that in cases where a Railway servant has been placed in a higher pay scale between 01.01.2006 and the date of notification of these Rules on account of promotion, up-gradation of pay scale etc. the Railway servant may elect to switch over to the revised pay structure from the date of such promotion, up-gradation etc.

It is clarified that such cases will be regulated under proviso to Rule 5 of the Railway Services (Revised Pay) Rules, 2008. After switching over to the revised pay structure, Clarification 2 (the method of fixation of pay on promotion after 01.01.2006) issued vide Board’s letter of even number dated 25.09.2008 (RBE No. 132/2008) will apply.

In the case of ad-hoc promotions granted between 01.01.2006 and date of notification of Railway Service (Revised Pay) Rules, 2008, a Railway servant has the option to have his pay fixed under proviso to Rule 5. However, Clarification 2 (the method of fixation of pay on promotion after 01.01.2006) issued vide Board’s letter of even number dated 25.09.2008 (RBE No. 132/2008) will not apply in such cases.

3

As per Rule 13(i) of Railway Services (Revised Pay) Rules, 2008, in case of promotion from one grade pay to another and that involving change of pay band, one increment equal to 3% of basic may be allowed and in addition higher grade pay of the promotional post may also be allowed. As per clarification 2 of Board’s letter of even number dated 25.09.2008 on promotion from one grade to another, a Railway servant has an option under Rule 1313 [FR 22(I)(a)(1)] of Indian Railway Establishment Code, Vol-II (Sixth Edition 1987, 2^nd Reprint, 2005) to get his pay fixed in the higher post either from the date of his promotion or from the date of his next increment. As per the provisions of Rule 1313 [FR 22(I)(a)(1)] of Indian Railway Establishment Code, Vol-II (Sixth Edition 1987, 2^nd Reprint, 2005) the benefit of fixation under above rule is admissible only in cases of appointment involving duties and responsibilities of greater importance. Further, the grant of option under above FR is also subject to the condition that the appointment is not on deputation on ex-cadre basis/ ad-hoc or direct recruitment basis.

It is not clear whether:

(a) Rule 1313 [FR 22(I)(a)(1)] of Indian Railway Establishment Code, Vol-II (Sixth Edition 1987, 2^nd Reprint, 2005) still holds good in its present form with all the attendant conditions; or

(b) the same has got modified on introduction of Sixth Central Pay Commission Pay structure, and if yes

(c) What is the extent of modification to above FR.

Point No. (a) Rule 1313 [FR 22(I)(a)(1)] of Indian Railway Establishment Code, Vol-II (Sixth Edition 1987, 2^nd Reprint, 2005) still holds good.

Point No. (b) & (c): Clarification No.2 of Board’s letter of even number dated 25.09.2008 (RBE No. 132/2008) prescribes the method of fixation of pay under Rule 1313 [FR 22(I)(a)(1)] of Indian Railway Establishment Code, Vol-II (Sixth Edition 1987, 2^nd Reprint, 2005) after introduction of the system of pay bands and grade pay.

4

Methodology for rounding off:

As per Rule 9 of the notification, the rate of increment in the revised pay structure will be 3% of the sum of the pay in the pay band and grade pay applicable, which will be rounded off to the next multiple of 10.  Whether rounding off to next multiple of 10 has to be done in terms of rupees or even a paisa has to be rounded off to next multiple of 10.  For example, if the pay after drawal of increment works out to Rs.10510.10 the same has to be rounded off to 10520 or 10510.

In the case of Fitment Tables annexed with Board’s letter of even number dated 11.09.2008 (RBE No. 108/2008) and 12.09.2008 (RBE No. 109/2008) rounding off has already been done and the same should be implemented without any modification.

In the case of calculation of increments under the revised pay structure, paise should be ignored, but any amount of a rupee or more should be rounded off to next multiple of 10. To illustrate, if the amount of increment comes to Rs.1900.70 paise, then the amount will be rounded off to Rs.1900; if the amount of increment works out to be 1901, then it will be rounded off to Rs.1910.

5

Grant of stagnation increment:

Whether the employees who have been granted stagnation increment between February 2005 or thereafter are to be granted additional increment w.e.f. 01.01.2006, while fixing the pay or not?  Since they have reached at the maximum of the existing pay scale.

In all cases, where a Railway servant has been granted an increment (whether normal annual increment or stagnation increment) after January 1, 2005, no increment will be allowed on 01.01.2006 at the time of fixation of pay in the revised pay structure.