Thursday, February 18, 2010

Pay Fixation on Promotion : Applicability of Minimum Pay / Stepping up of Pay clarification



GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
******
S.No.PC-VI/188
No.PC-VI/2010/I/RSRP/1
RBE No.28/2010
New Delhi, dated 17.02.2010
The GMs/CAOs(R),
All Indian Railways & Production Units
(As per mailing list)


Subject: Applicability of minimum pay/stepping up of pay clarification reg.

A number of references have been received in this office regarding applicability, for departmental promotees, of minimum entry pay prescribed for direct recruits (appointed on or after 1.1.2006), in Section II of Part A of the First Schedule of RS(RP) Rules, 2008. References have also been received regarding stepping up of pay of senior promotees with references to such of their directly recruited juniors who are recruited on or after 1.1.2006 and whose basic pay is more than that of their seniors.

2. The matter has been examined in consultation with Ministry of Finance. In this connection it is clarified that the revised pay structure comprises grade pays and running pay bands and in the case of those Railway servants who were already in service before 1.1.2006. Sixth Pay Commission has not prescribed a minimum pay in the running pay band with reference to the minimum entry level pay prescribed for direct recruits appointed on or after 1.1.2006. Further, the Sixth CPC has not prescribed minimum pay in the pay band for the purpose of fixation of pay on promotion in the case of any grade and fixing of minimum pay in the pay band in the case of each grade pay for departmental promotees would defeat the very purpose of introduction of running pay bands.

3. As far as the matter relating to bringing the pay of existing Railway servants as on 1.1.2006 at par with the pay of direct recruits recruited on or after 1.1.2006 is concerned, it is clarified that the pay of those Railway servants who joined the Railway as direct recruits on or after 1.1.2006 is to be fixed as per Section II, Part ‘A’ of the First Schedule to the RS(RP) Rules, 2008 and the procedure of pay fixation is based on a specific recommendation of the Sixth Pay Commission, which has been accepted by the Government. As far as pay fixation in respect to those Railway servants who were already in service on 1.1.2006 is concerned, the same is to be done as per the provisions of Rule 7 of RS(RP) Rules, 2008 and in accordance with the fitment tables annexed with this Ministry’s letter No.PC-VI/2008/I/RSRP/1 dated 11.9.2008.

4. In the light of the foregoing, it is clarified that in terms of RS(RP) Rules,2008:-

(a) no minimum pay in the pay band can be prescribed in the case of promotion of Railway servants from one grade to another (except in the case of change in pay band); and

(b) pay of those Railway servants who were already in service on 1.1.2006 can not be fixed with reference to the minimum entry pay prescribed for those who joined the Railways as direct recruits on or after 1.1.2006 as per Section II, Part ‘A’ of the First Schedule to the RS(RP) Rules, 2008.

5. However, stepping up of pay of seniors can be permitted with reference to such of their directly recruited juniors borne on the same seniority list who are recruited on or after 1.1.2006 and whose basic pay is more than that of the seniors, subject to the following conditions:-

(a) Stepping up of the basic pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. In such cases, the basic pay of the seniors will be stepped up with reference to the basic pay of the juniors. Stepping up will be applicable from the date junior direct recruit is actually drawing higher basic pay than the senior.

(b) Further, Railway servants cannot claim stepping up of their revised basic pay with reference to entry pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 as laid down in Section II of Part A or First Schedule to the RS(RP) Rules, 2008, if their cadre does not have an element of direct recruitment, or in cases where no junior is drawing basic pay higher than them.

(c) Stepping up of pay of the seniors shall not be applicable in cases where pay of direct recruits has been fixed at a higher stage on account of grant of advance increments etc. at the time of recruitment.

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

(Hari Krishan)
Director, Pay Commission –II Railway Board



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14 comments:

krishnan,  February 18, 2010 at 11:50 AM  

This is only related to Railways. But I would like to comment two points here:
1. This clarification is applicable only to the extend of promotion cases and stepping up of cases with regard to juniors appointed on direct recruitment.

2. Whereas the minimum pay has been prescribed for normal fixation as per revised pay rules 2008 under the following clause:
Rule 7 A (ii).

Investment February 18, 2010 at 3:24 PM  

Even if it is related with railways or with any other departments, some anomalies will remain as anomalies itself.

mahesh kumar,  February 22, 2010 at 5:07 PM  

If it is true what about confederation of central govt employees and workers which had discussion with national pay anomoly committee and posted on its website that the department of expenditure agreed to issue enabling orders

mahesh kumar, HYDERABAD

ramesh February 22, 2010 at 8:56 PM  

As per Rule 7 Note 10(d) it clearly mentioned that one of conditions required for stepping up is that 'the anomaly should should be directly as a result of the application of the provisions of Fundamental Rule 22' Here no anomaly arises due to application of FR 22. How anomaly arises due to application of FR22 is a long history. Even C&AG's ruling dated 11-9-1975 is available for stepped up. Hence, both Petroleum and Railways stepping up is in violation of Rule 7 Note 10(d)and objectionable by audit.

Girish February 23, 2010 at 11:13 AM  

Dear All,

I joined central govt autonomous body after 1.1.2006 with payscale 5500-175-9000. In six pay Gradepay of 4600 is assigned to my designation by my department(As it is merged with 6500 pay scale). Due to this I should be fixed by applying Section-2 for post recruitis who joined after 1.1.2006 and my fixation should be 12540+4600=17140. However I have been fixed as 5500*1.86+4600. Can anyone suggest me where should I register the complain regarding this ?

This will be a great help if anyone can give address or email to register complain.

lakhan February 23, 2010 at 7:59 PM  

The letter/clarification is a clear violation of fundamental rule in a cadre where there is no direct appointment there will be no stepping up and the person appointed directly will enjoy the higher pay.this is a great anamoly which requires to be removed, how can a direct recruit enjoy the higher pay that the promitee no matter wheather it is in the same cadre or outside cadre

manojabcd87 February 26, 2010 at 7:15 PM  

This was already there as per pay commission reports, a junior can never have more salary than seniors. But the point for discussion is that what are the basic pay slabs for various promotional posts in various departments likewise in 5th CPC. if there is a scenario of basic pay+grade pay then why these entry basic pay for new recruits introduced. if grade pay is the difference between two consucutive posts than the basic pay for new recruits should be like 5400 + relevant grade pay and so on for each pay bands. clarify if any one can.......!

p verma,  March 5, 2010 at 11:55 AM  

Dear sir,
we are working as scientific officer SB in NIC we have a query as
1. we are joining scientific assistant NIC in 6500-200-10500 scale in june 2006.
2. got promoted as scientific officer SB in novermber 2009 (pre rev 7450 scale)
3.our department consider our scale through 6 pay scale as 9300-34800 gp 4200.
4. after promotion we are till not getting new pay scale
5. new person join NIC as scientific officer SB are getting 9300-34800 gp 4600 scale joining from oct 2009)
6.we have submit letter on july 2009 as graduate in engineering for 4600 gp but not getting any positive result till now.
7. also from some source from departement we got the news that after promotion we will get less salary then new joined scienisific officer SB what is the rule for new recruitment person join on oct 2009 will we get stepping up salary or not.
hence request to suggets what should our pay scale since june 2006 and after promotion what scale should we get
if our department not consider our correct scale what is step we can take for getting our rights.
kindly give reply as soon as possible.

krishna kumar,  March 10, 2010 at 7:25 PM  

what will be course of action for the posts which were upgraded and individual is promoted after01/01/2006.e.g.poat of section officer in the scale 6500-10500 was upgraded to AAO 7500. as per the clarification by min of finance,dept of expenditure (implementation cell) vide their u.o.note dated 27/01/2010 the pay will be fixed with reference to the fitment table of the corresponding to pre revised scale of 7500 if the individual is surrendering his arrears from 01.01.2006 to his date of promotion .

krishna kumar

kamarujjama March 26, 2010 at 10:12 AM  

i think this is applicable to all department. since similar circular has issued in P & T department also. there will be no pay parity between Junior( Direct recruitee) and promotee.
jama

Anonymous,  June 6, 2010 at 11:20 PM  

we can see that one committee is made to solve a problem but next day one more committee is made for new prob. laid by that committee, committee....comittee... result=000,
hag officer have that type of skill.

RAKESH October 24, 2010 at 9:18 PM  

Dear Sr,
we are working as Asst.Accounts Officer. This post has been merged with Section Officer(A) as per 6th CPC having Grade Pay with 4800 . In our depptt it should must that for the post of AAO i.e. passing SAS whether direct recrt or depptt candidate. direct recrt will get 18750. where depptt candidate drawing lesser than 18750. is it is justice..

dinesh gupta December 13, 2010 at 3:35 PM  

Increment in case of stepping up between 1-1-2006 and 1-7-2006

Rule 10 clearly states that if you are completing 6 months in "revised pay structure" ( grade pay + pay band ) then you are eligible for next increment on 1-7-2006 irrespective of change in basic pay.

so if your grade pay and pay band range remain same but your basic pay increase between 1-1-2006 and 1-7-2006 then you are entitled for an increment on 1-7-2006, since stepping up also use same rule.

rajan December 19, 2010 at 7:47 AM  

I am a govt servant and serving in Assam Rifles (Central Paramilitary Force as a Head Constable (havildar).
That sir, my pre-revised basic pay on 01-01-06 was Rs 3455/- pm in the pay scale of Rs 3200-85-4900/-pm. As per recommendation of 6th cpc Scale of Head Constable of CPMF has been upgraded to Rs 4000-100-6000/- pm. I have been stepped up with reference to the junior a direct recruit appointed on 07-01-2006 and my pay fixed to RS 7510+ GP 2400. You are requested to intimate me whether annual increment on Jul 06 will be applicable to me or not?