Seniority: RBE No.21/2025 – In Merged Grades

No.PC-V/2020/M/1(NFIR)(E), dated 11.03.2025

Sub: Regulation of MACPS in case of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS (RP) Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade.

Ref:  Railway Board’s letter dated 22.04.2021 (RBE No.31/2021).

1. References from various Zonal Railways have been received in Board’s office seeking clarification on regulation of MACP Scheme in cases involving promotion in the pre-revised pay structure between 01.01.2006 and the date of notification of the CCS (Revised Pay) Rules, 2008 i.e. 29.08.2008 and subsequent merger of pre-revised pay scales of promotional and feeder posts into a common Grade Pay on the basis of above referred letter.

2. The issue was referred to DoP&T. DoP&T re-examined the matter in the light of provisions of the ACP/ MACP Scheme, clarifications issued thereon and the spirit thereof and has clarified as under:-

“It may be noted that following acceptance of recommendations of VI CPC, merger of grades/ posts became effective from 29.08.2008, whereas merger of pay scales as per CCS (RP) Rules, 2008 took place from 01.01.2006 itself. In terms of this Department’s OM No.20020/4/2010-Estt.(D), dated 13.09.2012, merger of posts was made effective from 29.08.2008 and promotions took place in the merged grade till then. It was also prescribed in the OM ibid that promotion earned between 01.01.2006 to 29.08.2008 will be protected as appointments/ promotions are made as per the provisions of statutory Recruitment Rules applicable to the post/ grade. Hence, promotions/ financial up-gradations under ACP Scheme from the pre-revised pay scales which were merged in a single grade pay from 01.01.2006 will be protected till 29.08.2008. Therefore, financial up-gradations under ACP Scheme in the pay scale higher than what accrued to an employee on his regular promotion is not tenable.

However, para 5 of Annexure-I of MACPS provides for ignoring of promotions earned/ up-gradations granted under ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/ up-gradation of posts as a part of the 6^th CPC recommendations. The benefit of merger accrues with effect from the date of notification of the Recruitment Rules for the relevant post or 01.09.2008 whichever is later. Guidelines regarding grant of financial up-gradations under MACPS including that of para 5 of Annexure-I of MACPS about ignoring of past promotions/ financial up-gradations granted under ACP Scheme in the pre-revised pay scales which are now merged in to same Grade Pay, are effective from 01.09.2008 only.

In light of the position stated above, promotion earned by an employee during 01.01.2006 to 29.08.2008, even though in the same Grade Pay on account of both feeder grade and promotional grade carrying the same Grade Pay, entails the benefit of pay fixation under Rule 13 of CCS (RP) Rules, 2008. However, in case of merger of grades, it will be ignored from the date of notification of the Recruitment Rules for the relevant post or 01.09.2008 (date of implementation of MACP Scheme) whichever is later.”

3. Accordingly, it has been decided that all the cases on the subject matter may be decided/ dealt with by the concerned ZRs/ PUs in accordance with the above clarification received from DoP&T.

4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Government of India,

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

OM No.20020/4/2010-Estt. (D), dated 13.09.2012

OFFICE MEMORANDUM

Sub: Seniority of officers holding posts/ grades in grades merged in pursuance of recommendations of Sixth Central Pay Commission.

1. The undersigned is directed to invite reference to para 2(i) of this Department’s O.M. No.AB-14017/66/2008-Estt. (RR), dated 9^th March, 2009, which provides that where all the posts in one or more pre-revised scales are merged with a higher pre-revised scale and given a common replacement scale/ grade pay/ pay scale, the suitability of the incumbents need not be assessed for granting them the higher replacement scale/ grade pay/ pay scale, there is also no need for the incumbents to complete any minimum eligibility service in the earlier scale of pay. There will be no change in the inter se seniority of the incumbents in the merged scale which shall be decided based on the general instructions on the subject.

2. The 6^th CPC in its recommendation contained in sub para (vi) of Para 2.2.13 has stated that the seniority of government servant will depend on the grade pay drawn. This will invariably be more for a higher level post. References have been received from Ministry of Railways/ Ministry of Defence etc. regarding fixation of seniority of officers after merger of pay scales in pursuance to recommendation of Sixth Central Pay Commission. The recommendation of 6^th CPC has been accepted on 29.08.2008 and the merger of pay scale(s) of the post has been made effective w.e.f. 01.01.2006. The issue of seniority has been further examined and it has been decided in consultation with UPSC and Department of Legal Affair that seniority of officers holding post in grades which have been merged in pursuance to recommendation of Sixth Central Pay Commission will be determined as follows:-

(I)    The status of a government servant as on 29.08.2008 including those who have earned promotion between 01.01.2006 to 29.08.2008 will be protected as appointment/ promotions are made as per the provisions of statutory recruitment rules applicable to the post/ grade. The merger of the pay scale(s) of the post(s) as recommended by 6^th CPC have been made effective w.e.f. 01.01.2006; the seniority of government servant which existed on 29.08.2008 (date of acceptance of recommendation of 6^th CPC) ) will be maintained i.e. the holder of post having higher pay scale or post which constituted promotion post for the posts in the feeder grade, will rank enbloc senior to those holding post having lower pay scale or the posts in feeder grade.

(II)   Where posts having different pay scales prior to 6^th CPC recommendation and now after merger have come to lie in the same Pay Band with same Grade Pay, the inter-se seniority of all the employees will be fully maintained with employee in a higher pre-revised pay scale being placed higher vis-à-vis an employee in a lower pay scale. Within the same pre-revised pay scale, seniority which existed prior to revision would continue.

(III) Where recruitment for the posts in different pre-revised pay scale(s) was initiated separately for each posts, prior to acceptance of recommendation of 6^th CPC i.e. prior to 29.08.2008 but selected individual joined duty on or after 30.08.2008 in the revised pay scale(s) against the posts which have been granted same Grade pay, such officers will be assigned seniority enbloc below those officers who were in position as on 29.08.2008.

(IV) The availability of officers nominated on the basis of panel of promotion given by DPC or selection list given by selecting Authority will be decided as on 29.08.2008. In ease a officer from the panel given by DPC or selection list given by selecting Authority has joined on or prior to 29.08.2008, then status of all the officers included in panel given by DPC or selection list will be protected and all officer will be considered available and their seniority determined by following the basic principle of seniority i.e. order of panel given by DPC or merit list given by selecting Authority. In case all the officers included in the panel given by DPC or selection list given by selecting Authority joins after 29.08.2008, then the seniority of such officers within a grade, will be determined by placing them below all available officers as on 29.08.2008 but maintaining their inter se seniority in order of panel of DPC or merit list given by selecting authority.

3. All the cases of determination of seniority except merged MTS posts will be decided accordingly. The issue of determination of seniority of merged MTS (erstwhile Group ‘D’) posts would be taken up separately.

4. Hindi version will follow.

Download Railway Board Circular RBE No.21/2025

Forward reference ⇒ RBE No.