Method of 7th CPC pay protection in terms of Rule 7 of IPS Pay Rules, 2016

7th CPC IPS Pay Rules 2016

No.20011/ 1/2017-AIS-II
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

North Block, New Delhi
Dated: 10th March, 2021

To

The Chief Secretary,
All the States/ Union Territories

Subject: Protection of  pay  in  cases  of  deputation  under  Central Staffing Scheme in terms of Rule 7 of Indian Administrative Service ( Pay) Rules, 2016 (7th CPC) and analogous provisions in IPS (Pay) Rules, and IFS (Pay) Rules – Regarding.

Sir,

I am directed to refer to queries received from various Ministries/Departments regarding method of pay protection in terms of Rule 7 of IAS (Pay) Rules, 2016 which is as under:-

IPS (Pay) Rules, 2016

”If the pay of the officers posted on deputation to the Central Government under Central Staffing Scheme, after fixation of their pay in the revised pay structure, either under these rules or as per the instructions regulating such fixation of pay on the post to which they are appointed on deputation, happens to be lower than the pay they would have been entitled to, had they been in their parent cadre and would have drawn that pay but for the Central deputation, such difference in the pay shall be protected in the form of Personal Pay with effect from the date of notification of Government Resolution in this regard, i.e. 25th July, 2016.

Further, if the member of Service is promoted in the cadre while on central deputation under Central Staffing Scheme, the difference in the pay that the officer would have drawn had he been in the parent cadre and the amount of pay on his deputation to Centre shall be protected in the form of personal pay with effect from the date of issue of Government Resolution.”

Rule 7 of IAS (Pay) Rules, 2016 was subsequently amended vide notification dated 14021/ 1/ 2016-  AIS-11,  dated  12.06.2017  consequent  upon  the amendment of Department of Expenditure Notification No. 1-2/ 2016-IC  dated 16th May, 2017, which inter-alia provide that the aforesaid provision would take effect from 01.01.2016.

2.  Pay protection of officers on deputation under Central Staffing Scheme after implementation of IAS (Pay) Rules 2016 has been considered in consultation with Establishment Division of this Department and Department of Expenditure and is elaborated in subsequent

3. Pay Protection of IAS officers who were already on deputation under Central Staffing Scheme on 01.01.2016 or who joined deputation under Central Staffing Scheme on or after 01.01.2016

(a) Pay of such officers, as on 01.2016 [or a subsequent date from which they have opted to switch over to the IAS ( Pay) Rules, 2016] will be fixed in the Level of the post held by them on deputation under Central Staffing Scheme on the basis of the pay fixed in their parent cadre. The cell corresponding to the basic pay fixed in the parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under Central Staffing Scheme and pay shall be fixed at same stage/ equivalent cell. If no such cell is available in the applicable Level of the deputation post, the pay shall be fixed at the immediate lower cell in that Level of the deputation post and the difference in pay will be granted as Personal Pay.

Illustration :

If an officer holding the post in Level 15 in parent cadre and drawing pay of Rs.2,05,100/- goes on deputation under Central Staffing Scheme in Level 14 on 04.05.2017, his pay will be fixed as under :-

(b) However, if an officer currently drawing pay up to Level 13 is appointed on deputation to a post in the equivalent or lower level on deputation  under Central Staffing Scheme OR during the continuance of deputation under Central Staffing Scheme gets an upgradation in his parent cadre to a Level higher than pay Level of deputation post up to Level 13 of the Pay Matrix, his pay will be fixed at the same cell and Level in which he is placed in the parent He will also be eligible to draw the CDTA on the pay of Level of the post in parent cadre at the prevailing rates. For the active period of deputation from 1.1.2016 to 30.6.2017 , CDTA will be admissible at the pre-revised rates in pre­ revised pay structure, i.e. as if the ·pay had not been  revised w.e.f. 1.1.2016. Provisions of this Department’s OM No.2 / 10/ 2017-Estt(Pay-II) dated 24th April, 2018 shall stand amended to this  effect. For the active period of deputation from 1st July, 2017 onwards, CDTA will be admissible as per the guidelines in this Department’s OM No. 2 / 10/2017-Estt(Pay II) dated 24th April, 2018.

Illustration :

(I) If an officer holding the post in Level 13 in parent cadre and drawing pay of 1,26,800/- goes on deputation under Central Staffing Scheme in Level 13 on 22.02.2017, his pay will be fixed as under :-

(ii) If an officer holding the post in Level 13 in parent cadre and drawing pay of Rs. 1,26,800/- goes on deputation under Central Staffing Scheme in Level 12 on 22. 02.2017, his pay will be fixed as under :-

4. Protection/ Fixation of pay of IAS officers who were on deputation under Central Staffing Scheme on 01.01 .2016 or who joined deputation under Central Staffing Scheme on or after 01.01.2016 and got Proforma promotion in parent cadre :-

(a) In case the officer was on deputation under CSS on 01.2016 or joined thereafter and his junior is promoted to a higher post in his parent cadre on or after 01.01.2016, but was not granted proforma promotion under the ‘Next Below Rule’, there will be no change in the pay fixation already done as per extant rules.

(b) In case an officer on deputation to a post under Central Staffing Scheme gets proforma promotion in his cadre to a post up to Level 13 in the Pay matrix, his pay in the Level of the post will be fixed with reference to the presumptive pay that he would have got had he remained and promoted in the parent cadre of his service in the manner as provided in para 3(b) .

(c) In case an officer on deputation under Central Staffing Scheme gets promoted in his cadre to a higher post in Level l 3A or above in the Pay matrix, his pay in the Level of the post held on deputation under Central Staffing Scheme will be fixed with reference to the presumptive pay of the officer in the parent cadre of his The Cell corresponding to such basic pay fixed in parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under Central Staffing Scheme, and pay shall be fixed at same stage/ equivalent cell and if no such cell is available in the applicable Level, the pay shall be fixed at the immediate lower cell in that Level of the post and the difference in pay will be granted as Personal  Pay. Illustrations may be seen below:-

Illustration

If an officer holding the post in Level 16 in parent cadre drawing pay of Rs.2,24,400/-, who is on deputation under Central Staffing Scheme in Level 15 and drawing pay Rs. 2,24,100/- + Rs.300/- (Personal pay) gets proforma promotion in Level 17, his pay will be fixed as under :-

5 (a) The officer shall get Dearness Allowance on the said Personal Pay as admissible from time to time. However, no other allowance shall be admissible on this Personal Pay.

(b) The Basic Pay plus Personal  Pay, from time to time,  shall not exceed Rs. 2,25,000.

6. Grant of annual increment to officers on Deputation under Central Staffing Scheme

On grant of annual increment to an officer in parent  cadre (upto Level 16) who is on deputation under Central Staffing Scheme, the pay will be fixed increment.ally moving down one cell in the Level of pay in which the officer is serving on deputation under Central Staffing Scheme. Accordingly,  the Personal Pay, if any, will be re-computed as the difference in the pay (after increment) that h e would have drawn in the parent cadre and the current pay on deputation under Central Staffing Scheme.

7. The aforementioned  instructions  are  applicable  to   All   India   Service officers (i.e. IAS, IPS, IFS) with effect from 01.01.2016.

Yours faithfully,

Sandeep Kumar Sinha
Under Secretary to Government of India