CCS (RP) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure

Office of the General Manager( Finance)
PAO, A.P.Circle, Hyderabad

No.180 / IFA/VIICPC/PF/clarlfications

Dated: 22/05/2019

To
The Postmasters General,
Vljayawada / Visakhapatnam /Kumool /
Hyderabad/ Hyderabad HQs

Sir,
Subject: CCS (RP) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure – Clarifications.

Ref: This office Lr. No.669/ PM·II/IFA/Genl./ 7thCPC Pay fixation dated 23.07.2018 .

Following the O.M.No.4-13/17/IC/E-IIA dated 12th December, 2018 issued by the Department of Expenditure, Ministry of Anance on the opportunity for revision of option to come over to reyised pay structure, this office has received references seeking clarification on the eligibility of the officials for exercising revised option from some of the units namely; O/o CPMG – Vijayawada, HRO – ‘V’ Division and Waltair RS HO in Visakhapatnam Division in A.P. Circle. The matter has been perused with reference to the OM dated 12.12.2018 and the CCS (RP) Rules, 2016 and the point of doubts are clarified as under:-

1. Point of doubt : In view of M.F., O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial upgradation In Feb./ March/ August/ September, 2017 and December 2018 are eligible to exercise revised option to come over to revised pay structure on the date of their financial up-gradation under MACPS.

Clarification:- The Central Govt. employees have been permitted another opportunity to revise their Initial option to come into revised pay structure in terms of Rules 5 & 6 thereof of CCS (RP) Rules, 2016 vide M.F., OM No.
4-13/ 17-IC/E-IIIA dated 12-12-2018. Wherein, it has been also repeated to make the meaning dear that all other terms and conditions as laid down in the said Rules 5 & 6 shall continue to be applicable for the revised options. As per the second provision of the Rule 5, in cases where a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up-gradation, the Government servant may switch over to the revised pay structure from the date of such promotion or up-gradation, as the case may be. Hence it is clarified that the officials who ace awarded promotion/ financial upgradation after the date of notification of the CCS (RP) Rules, 2016 (j,e. 25.07.2016) are not entitled to exercise option/revised option -to come over to the revised pay structure on the date of their promotion/ financial upgradation.

2. Point of doubt: In view of M.F., O.M. No.4-13/ 17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial upgradation In Feb./ March, 2017 under MACPS are eligible to exercise revised option to come over to revised pay structure on the date of their subsequent increment in pre revised pay structure (i.e. on 01.07.2017).

Clarification:- As furnished In the clarification on point of doubt – 1 above, all other terms and conditions as laid down In the Rules 5 &. 6 thereof shall continue to be applicable for exercising revised option. As per the first provision of the Rule 5, a Government servant may elect to Continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment In the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure. As per explanation-1 under the Rule 5, the option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of one existing pay Band and Grade pay or Scale.

Further, switching over to the revised pay structure either on 01-01-2016 or
from a later date than 01-01-2016 i.e. on the date of promotion/ upgradation
or the date next/ any subsequent increment, are applicable under Rule 5 in case of post/ Pay Band or Grade Pay held on 01-01-2016. Thus, if the date of next or any subsequent increment (i.e. on 01-07-2016 or any subsequent date of increment) for a post/Pay Band or Grade Pay held on 01-01-2016 falls after the date of promotion, then the date of next/ any subsequent increment for the post/ Pay Band or Grade Pay held on 01-01-2016 has no relevance for option, as this post/ Pay Band or Grade Pay on 01.01.2016 is no longer held on the date of next/ any subsequent date of Increment.

Hence. it is clarified that the officials who are awarded promotion/ financial up gradation under MACPS prior to the next or any subsequent date of increment in the pre revised Day structure are not entitled to exercise option/revised option to come over to revised Day structure on the date of next or any subsequent date of increment i e 01.07.2016 or 01.07.2017 etc. (With regards to the said clarifications this officer. No. 69/ PM-II/IFA/ Genl./ 7thCPC Pay fixation Visakhapanam by endorsing copies to all the Regional Offices and the Divisional Heads may also be referred to.)

Point of doubt on Method of fixation of pay: As per the representations, the officials are seem to be on the opinion that fixation of their pay on promotion/ up-gradation on or after 01 -01-2016 will be done first in pre revised pay structure (6th CPC) and then (after placement to the promotional grade in pre revised pay structure), the revision of pay in the revised pay structure will be done as per Rule 7 of CCS (RP) Rules, 2016.

Clarification : In case of an admissible option is exercised to come over to revised pay structure on the date of promotion/ up-gradation or on the date of next/ any subsequent increment in pre revised pay structure; revision of pay will be made first as prescribed in clause A of sub rule 1 under Rule 7 of the CCS (RP) Rules, 2016 w.r.t. the existing basic pay in pre revised pay structure-e i.e. in the prescribed existing Pay Band and Grade Pay, and after switching over to the r-evised pay structure, the fixation of pay on promotion (after 01.01.2016) shall be made as prescribed in rule 13 of the CCS-(RP) Rules, 2016.

This has the approval of the General Manager (Finance).,