7th Pay Commission: CCS(RP) Rules 2016 - Opportunity for revision of option to come over to revised pay structure within 3 months: Fin Min OM 12.12.2018

No. 4-13/17-IC/E-IIIA

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, the 12th, December, 2018

Office Memorandum

Subject: Central Civil Services (Revised Pay) Rules, 2016 - opportunity for revision of option to come over to revised pay structure

The undersigned is directed to invite attention to Rules 5 & 6 of the CCS (RP) Rules, 2016 regarding exercise of option to come over to the revised pay structure effective from 1.1.2016 as notified by the CCS(RP) Rules, 2016 and to say that the said option was to be exercised within 3 months of the date of notification, i.e. 25.7.2016 of the said Rules. The Rule 6(4) thereof provides that the option once exercised shall be final.

2. The Staff Side of the National Council (JCM) has requested that employees may be given another opportunity to re-exercise their option in view of certain hardships caused to certain employees. A number of references have also been received in this Ministry, proposing that the affected employees may be given an opportunity to re-exercise their option.

3. The matter has been considered and the President is pleased to decide that in relaxation of the stipulation contained in Rule 6(4) of CCS(RP) Rules, 2016, the Central Government employees, who have already exercised their option to come over to the revised pay structure as notified by the CCS(RP) Rules, 2016, shall be permitted another opportunity to revise their initial option in terms of Rules 5 & 6 thereof. The revised Option shall be exercised within a period of 3 months from the  date of issue of these orders. The option once exercised in terms of these orders shall be final and shall not be liable to any further change under any circumstances. All other terms and conditions as laid down in the said Rules 5 and 6 shall continue to be applicable.

4. It is obvious that in respect of those employees who have already exercised option to come over to the revised pay structure from 01.01.2016 itself or in whose case the revised pay structure took effect from 01.01.2016 and who ire-exercise their option under these orders to come over to the revised pay structure from a date subsequent to 01.01.2016 as per Rule 5 of 008 (RP) Rules, 2016, the arrears on account of revised pay already drawn by them from 01.01.2016 up to the date from which they now Opt to come over to the revised pay structure shall be recovered.

5. In their application to the employees serving in IA&AD, these orders were issued after consultation with the Comptroller and Auditor General of India.

(Amar Nath Singh)

Director

Implementation of Judgement to grant increment for pensionary benefit to employees retiring on 30th June: Ministry of Personnel, PG & Pension Statement

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA

UNSTARRED QUESTION NO: 427

ANSWERED ON: 12.12.2018

Judgement on Writ Petition

ASADUDDIN OWAISI

Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Hon. Madras High Court ruled that employees retiring on 30 June are entitled for increment on 1st July of that year for pensionary benefit as they retire after completion of that year’s full service; 

(b) if so, the details thereof; 

(c) whether Hon. Supreme Court has dismissed the petition filed against the Madras High Court’s above judgement; 

(d) if so, whether the Government has issued orders regarding granting annual increment to those employees who are retiring on 30th June after completion of one year of service; 

(e) if so, the details thereof and if not, the reasons therefor; and 

(f) the time by which such orders are likely to be issued in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE

(DR. JITENDRA SINGH)

(a) & (b): No, Madam. High Court of Madras in Writ Petition No. 15732/2017 has granted relief personal to the petitioner. 

(c): Yes, Madam.

(d) to (f): As the judgment is in personam and contrary to the personnel policy of Government of India, the question of issuing a general order does not arise.

Implementation of Judgment to grant GP Rs. 5400/- who were granted GP Rs. 4800/- due to ACP/MACP Scheme

Implementation of Judgment to grant GP Rs. 5400/- who were granted GP Rs. 4800/- due to ACP/MACP Scheme

Most Immediate            Court Matter

F. No. A-23011/62/2016-Ad.IIA

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

North Block, New Delhi.

Dated 6th December, 2018

To,

Director General

Directorate General of Human Resource Development(HRM),

Cusotms & Central Excise, 507, Deep Shikha

Rajendra Place, New Delhi — 110 008

Subject: OA No. 1707/2016 filed by Shri R. K. Tripathi & Ors. Vs. UOI & Ors before Hon’ble CAT PB, New Delhi for grant of non-funtional Grade pay of Rs. 5400/- in PB-2 to those Inspectors who were granted Grade Pay of Rs. 4800/- due to ACP/MACP Scheme

Sir,

I am directed to say that as per extant instructions, non functional Grade Pay of Rs. 5400 in PB-2 (pre-revised) is granted to those Superitendents/ Appraisers who have completed 4 years of regular service in the Grade Pay of Rs. 4800/, Shri M. Subramaniam, the then Inspector who was granted Grade pay of Rs. 4800/- due to ACP scheme, got favorable judgement from the Hon’ble High Court of Madras and Civil Appeal No. 8883/2011 filed by UOI was dismissed by the Hon’ble Supreme Court. Review Petition in the said case was also dismissed by the Hon’ble Supreme Court.

2. Consequent upon dismissal of Civil Appeal No. 8883/2011 and Review Petition in Civil Appeal filed by UOI by Hon’ble Supreme Court, the judgement of Hon’ble High Court of Madras in M. Subramaniam has been implemented in consultation with D/o Expenditure.

3. Keeping in view a number of similar court cases in different Benches of CAT/Court being decided by CAT/High Court, in favour of petitioners, the matter was examined in the Board and a proposal was referred to D/o Expendiutre to consider extension of the benefit of the direction of the Hon’ble High Court in M. Subramaniam, to all similarly placed officers. Deptt.Of Expenditure vide note dated 12.11.2018 examined the matter and sought following clarifications:-

(i) How many individuals of which posts have been allowed the benefit so far?

(ii) How many similarly placed persons are to be covered in the benefit?

(iii) Whether the similarly placed persons are holder of the same post which was held by the individuals covered in the SLP?

(iv) The financial implications on the benefit already allowed and the estimated financial implication on the similarly placed employees?

4. The details sought by D/o Expenditure vide note dated 12.11.2018 needs to be compiled from the Zonal Commissionerates. You are requested to kindly obtain the details/ information on the points mentioned above from Zonal Commissionerate, compile it and furnish the same to the Board for taking up the matter with D/o Expenditure. Since a number of court cases are pending in CAT/High Court, it is requested to expedite this exercise and detail/information be made available to the Board, by 20.12.2018.

Yours faithfully,

(M. K. Gupta)

Under Secretary to the Government of India

Tele: 011-23095528