RBE No. 31/1989: Fixation of Pay – Promotion after 01.01.1986
No.PC-IV/88/FOP/2, dated 27.01.1989
Sub: Railway Services (Revised Pay) Rules, 1986 – Fixation of pay of persons Promoted to a post after 01.01.1986.
1. The Revised Scale of Pay introduced under the Railway Services (Revised Pay) Rules, 1986 took effect from 01.01.1986. Under Rule 5 of these Rules, a Railway servant has the option to retain the existing scale, i.e., the scale of the post held by him on the 1st day of January, 1986 until the date on which he earns his next or any subsequent increment in existing scale, or until he vacates that post, or ceases to draw pay in that scale. This option is not available to persons appointed to a post on or after 01.01.1986, whether for the first time in Railway services, or by transfer or promotion from another post, as they are necessarily to be allowed pay in the revised pay scales only. Until the notification of the Revised Scales of pay of the posts to which such persons are appointed, they would draw or would have drawn pay in the pre-revised scales. On issue of the notification, however, their pay would be fixed in the Revised Pay Scale of the post with effect from the date of such appointment.
2. In Board’s letter No.E(NG)I-86-PM1-11, dated 05.02.1987 (RBE No. 20/1987), it has been provided that in respect of merged grades, the promotions made between 01.01.1986 and the crucial dates, i.e., 25.09.1986, on regular basis in accordance with the classification then in force, will stand protected. In view of above provisions a doubt has been raised regarding mode of fixation of pay of the Railway employees, who have been given promotion to a higher scale under the pre-revised scales, which have been merged with the pre-revised lower scales, in the Revised Pay Scales, 1986.
3. It is clarified that in view of explicit provisions laid down under explanation II to Rule 5 of this Ministry’s Notification No.PC-IV/86/RSRP/1, dated 19.09.1986 (RBE No. 168/1986), issued by the President in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, fixation of pay in such cases have to be strictly regulated under the said Rules, which has a statutory force. The instructions contained in para 3(v) of Board’s letter No.E(NG)I-86-PM-1-11, dated 05.02.1987 (RBE No. 20/1987) provide for protection of promotions made between 01.01.1986 and the crucial dates in accordance with the classification then in force for the purpose of seniority only. The pay of such employees has to be fixed in terms of the Railway Services (Revised Pay) Rules, 1986 only.
4. In this connection attention is invited to Board’s letter No.PCIII-74/ROP-1/23, dated 18.06.1974 (copy enclosed for ready reference) for dealing with similar cases, which arose while introducing the new scale of pay after III Pay Commission recommendations.
Download Railway Board Circular RBE No. 31/1989
Forward reference ⇒ RBE No.