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Dopt issued clarification orders on fixation of Pay of Assistants of CSS in the Revised Pay structure as per the CCS (Revised Pay) Rules, 2008

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Dopt issued clarification orders on fixation of Pay of Assistants of CSS in the Revised Pay structure as per the CCS (Revised Pay) Rules, 2008

Government of India 
Ministry of Personnel, Public Grievances & Pensions 
(Department of Personnel & Training)

Lok Nayak Bhawan, New Delhi 
Dated the 3rd January, 2014.

Office Memorandum

Subject : Fixation of Pay of Assistants of CSS in the Revised Pay structure as per the CCS (Revised Pay) Rules, 2008 – Clarification regarding.

The undersigned is directed to say that references are still being received from Ministries/Departments regarding fixation of pay of Assistants in the revised pay structure. In this connection OM of even number dated 22.12.2010, enclosing there with Department of Expenditure UO No.10/1/2009-IC dated 14.12.2009, refers.

Instructions issued by this Department have to be read along with the under mentioned Rules and orders (as clarified, wherever required):

(i) Department of Expenditure’s OM No.1/1/2008-IC dated 30th August, 2008, para 2(ii)

“The tables in Annex-I will be applicable in cases where normal replacement pay scales have been approved by the Government. In cases of upgaradation of posts and merger of pre-revised pay scales, fixation of pay will be done as prescribed in Note 2A and 2B below Rules 7(1) and in the manner indicated in illustrations 4A …..“

(Therefore in the case of Assistants of CSS who have been given the upgraded post, the fixation of pay is to be done as prescribed in Note 2A below Rules 7(1) of CCS(RP) Rules, 2008)

(ii) Note 2A below Rule 7 of CCS(RP) Rules, 2008

"Where a post has been upgraded as a result of the recommendations of the Sixth CPC…. the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause (A) (i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1 .2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale will be payable in addition. Illustration 4A in this regard is in the Explanatory memo to these Rules”.

(iii) Rule 11 of CCS (Revised Pay) Rules, 2008

"11. Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2006. - Where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later that the 1st day of January 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner :-
(i) Pay in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre revised dearness allowance based on rates applicable as on 1.1.2006. This figure will be rounded off to the next multiple of 10 and will then become the pay in the applicable pay band. In addition to this, the grade pay corresponding to the pre-revised pay scale will be payable….”
(The fitment tables given in the Annex-I to the Department of Expenditures OM dated 30.8.2008 are to be used for pay fixation as done on 1.1.2006 only and incase of normal replacement pay scales as per para 2(i) and para 2(u) respectively of the aforesaid OM For fixation of pay in the revised pay structure subsequent to 1.1.2006, the Rule 11 of CCS(RP) Rules, 2008 refers).

2. The issue of fixation of pay with references to the pre-revised pay scale of Rs.7450-11500 and payment of arrears was taken up by Establishment Division of this Department with Department of Expenditure. A clarification dated 10.12.2013 issued by Estt (Pay) is enclosed.

3. It is further clarified that inclusion in the Select List does not ante date the seniority of the officers. However, the Select Lists as specified in this Departments OM No.6/3/2009CS.I(S) dated 9.7.20 10 may be deemed to be effective from 1st July of the year of the Select List, for the purpose of fixation of pay on notional basis only.

(Parminder Singh) 
Under Secretary to the Government of India

No. 961840/2013-Estt. (Pay-I) 
D/o Personnel & Training 
Establishment (Pay-I) Section

Vide the U.0. dated the 14th December, 2009, D/o Expenditure had allowed fixation of pay with reference to the pre-revised pay scale of Rs.7450-11500 to those promoted as Assistants / PAs between 1.1.2006 to 31.8.2008. They were, however, not allowed arrears from 1.1.2006 till the date of their promotion, as they had come over to the revised pay on the date of their promotion.

2. Seniors to such promotee Assistants / PAs, however, were subsequently allowed stepping up of their pay with reference to these officials. Such senior officials were also not allowed arrears on the ground that the officials with reference to whom they had got their pay stepped up were also not entitled toso.

3. The issue has been reconsidered in consultation with D/o Expenditure as this amounts to compelling the senior official, who was already serving as Assistant /PA prior to 1.1.2006 and opted for fixation of his pay under revised pay rules from 1.1.2006, to opt for revised pay structure from the date of stepping up with the junior.

4. It is, therefore, clarified that the senior is entitled to arrears of pay from the date he opted to come over to the Revised Pay Scales till the date of stepping up of pay. These will be paid on the basis of pay actually fixed as on 1. 1.2006.

5. The CS Divisions are, therefore, advised to issue a clarification in respect of similarly placed persons in CSS / CSSS.

(Mukesh Chaturvedi) 
Deputy Secretary (Pay) 
December 10, 2013

Source: www.pesmin.gov.in 

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