Clarification regarding upward revision of pay scales as result of feeder and promotion posts being placed in an identical revised payscale.

Mr. Parvesh Kumar , one of the blog visitor had reqested me to upload the Finance Ministry"s Om> date 24-11-2000 regaridinf " Clarification regarding upward revision of pay scales as a result of feeder and promotion posts being placed in an identical revised payscale .This was issued at the time of implementation of recommendations of 5th Pay commission. Therefore the same is reprduced below.


G.I. M.F. OM No: 169/2/2000 dated 24.11.2000. (copy of OM NO:)

Clarification regarding upward revision of pay scales as result of feeder and promotion posts being placed in an identical revised payscale.

The fifth central pay commission had, as a measure of rationalization, merged some of the pre-revised pay scales and had recommended single replacement pay scales in such cases. These recommendations had been accepted by the Govt. and have been duly notified. This has necessitated the placement of feeder and promotion posts in certain ministries and departments in an identical revised pay scale notwithstanding the fact that such posts were in separate and distinct pay scales eafier.


2 This Department has been receiving a number of proposals from various ministries and departments requesting appropriate up-ward revision of the pay scales of the promotion posts concerned so as to restore the earlier relativities. It is clarified in this context that the mere fact that the feeder and promotion posts in certain ministries and departments have been placed in an identical revised pay scale cannot by itself be adequate justification for placing the promotion posts in the hierarchy in a higher pay scale. Upward revision of the pay scale of posts on this consideration alone is not being accepted as a general policy unless these are other extenuating circumstances that might justify the adoption of such a course of action. What is envisaged in such a situation is that, the affected cadres themselves should be appropriately restructured and the relevant recru itment rules amended so as to reduce the number of levels in the hierachy. This is also the spirit underlying the 5th CPC recommendations relating to the merger of different pay scales.
3 Therefore, ministries/departments should, in the first instance, examine in depth the feasibility of appropriately restructuring the cadres in question. Only in cases where this is not found to be feasible on functional,operational and administrative considerations, only extension of the benefit of fixation of pay under FR 22(i)(a) (i) could be considered on the merits of each case and provided that all the conditions precedent for the grant of this benefit are fully satisfied and promotion to the posts in question actually involve the assumption of higher responsibilities.. Al the cases for exitension of the pay fixation benefit in such cases should be referred to the Department of Expenditure sfor prior approval.

Ministry Of Finance O.M.dated 24-11-2000

Some of the viewers of the blog had requested me to upload the above O.M. on this blog.I have been able to get the verbatim of the said O.M. (prepared by a Central Govt. employee) from the internet. The same is reproduced below. I am trying to get the copy of the origianl O.M. and once I get it , it will be uploaded on this blog as well.


G.I. M.F. OM No: 169/2/2000 dated 24.11.2000. (copy of OM NO:)


Clarification regarding upward revision of pay scales as result of feeder and promotion posts being placed in an identical revised payscale.

The fifth central pay commission had, as a measure of rationalization, merged some of the pre-revised pay scales and had recommended single replacement pay scales in such cases. These recommendations had been accepted by the Govt. and have been duly notified. This has necessitated the placement of feeder and promotion posts in certain ministries and departments in an identical revised pay scale notwithstanding the fact that such posts were in separate and distinct pay scales eafier.

2 This Department has been receiving a number of proposals from various ministries and departments requesting appropriate up-ward revision of the pay scales of the promotion posts concerned so as to restore the earlier relativities. It is clarified in this context that the mere fact that the feeder and promotion posts in certain ministries and departments have been placed in an identical revised pay scale cannot by itself be adequate justification for placing the promotion posts in the hierarchy in a higher pay scale. Upward revision of the pay scale of posts on this consideration alone is not being accepted as a general policy unless these are other extenuating circumstances that might justify the adoption of such a course of action. What is envisaged in such a situation is that, the affected cadres themselves should be appropriately restructured and the relevant recru itment rules amended so as to reduce the number of levels in the hierachy. This is also the spirit underlying the 5th CPC recommendations relating to the merger of different pay scales.
3 Therefore, ministries/departments should, in the first instance, examine in depth the feasibility of appropriately restructuring the cadres in question. Only in cases where this is not found to be feasible on functional,operational and administrative considerations, only extension of the benefit of fixation of pay under FR 22(i)(a) (i) could be considered on the merits of each case and provided that all the conditions precedent for the grant of this benefit are fully satisfied and promotion to the posts in question actually involve the assumption of higher responsibilities.. Al the cases for exitension of the pay fixation benefit in such cases should be referred to the Department of Expenditure sfor prior approval.

Action against Government servants who get appointment on the basis of false SC/ST/OBC certificates.

                                                          No.36011/1/2012-Estt. (Res.)

Government of India

Department of Personnel and Training

Establishment (Reservation) Section

North Block, New Delhi-110001

Dated the 10th January, 2013.

OFFICE MEMORANDUM

Sub:- Action against Government servants who get appointment on the basis of false SC/ST/OBC certificates.

The undersigned is directed to invite reference to this Department’s OM No.11012/7/91-Estt.(A) dated 19.5.1993 which provides as under:-

"Wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc., for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If, he is probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any penalty be imposed".

2. The position was reiterated vide this Department’s OM No.42011/22/2006-Estt.(Res.) dated the 29th March, 2007 that the cases other than those protected by the specific order of the Apex Court should be dealt with in accordance with the instructions contained in the aforesaid O.M. However, it has been observed that disciplinary proceedings in the cases involving appointments on the basis of false/fake caste certificates take considerable time and the persons who have secured employment on the basis of false caste

certificates enjoy the benefits of Government service whereas such Government servants should be removed / dismissed from the service at the earliest.

3. It is requested that disciplinary enquiries involving the matter of securing jobs on the basis of false/fake certificates should be completed in a time bound manner and unscrupulous persons who have got appointment on the basis of fake/ false caste certificates should not be retained in service and should be dismissed / removed thenceforth.

4. Contents of this OM may be brought to the notice of all concerned.

sd/-

(Sharad Kumar Srivastava)

Under Secretary to the Government of India

Issue of consideration of Stagnation Increment for the purpose of notional increment at the time of promotion

No.F.2(36)/2012/DPE/(WC)

Government of India

Ministry of Heavy Industries & Public Enterprises

Department of Public Enterprises

Public Enterprises Bhawan,

Block No. 14, CGO Complex,

Lodhi Road. New Delhi-110 003

Dated : 26, December, 2012

OFFICE MEMORANDUM

Subject: - Issue of consideration of Stagnation Increment for the purpose of notional increment at the time of promotion.

The undersigned is directed to enclose BHEL. letter No. AA/HR/IR/520 dated 14.6.2012 on the subject mentioned above.

2. On promotion, the executive would be entitled to the benefit of one notional increment (3%) on his Basic Pay + Stagnation Increment, if any, and the pay would be fixed (rounded off to the next Rs.10), in the promoted scale. However, on promotion the pay so fixed should not exceed the maximum of the scale to which the executive is promoted. In case his pay so arrived at is less than the minimum of the promoted scale, he/she would be entitled to get the minimum of the scale. Further, DPE has recently issued detailed O.M. dated 14.12.2012 on various pay related issues of executives of CPSEs. A copy of O.M. dated 14.12.2012 is available on DPE website www.dep.nic.in

3. DHI being the administrative Ministry in respect of BHEL may suitably clarify to BHEL.

End. As above

sd/-

(P.J.Michael)

Under Secretary

DHI

Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay

No.10/02/2011.E.III/A

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, the 7th January, 2013

OFFICE MEMORANDUM

Subject:- Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay.

The undersigned is directed to invite an attention to the provisions contained in Rule 13 of the CCS(RP) Rules, 2008, which provides for the method of fixation of pay on promotion on or after 1.1.2006 in case. inter-alia, of promotion from one grade pay to another. The Rule provides for fixation of pay by way of addition of one increment equal to 3% of the sum of the pay in the pay band and the existing grade pay (rounded off to the next multiple of 10)to the existing pay in the pay band and then fixing the pay in the promotional post as per the procedure prescribed therein.

2. In terms of this Ministry’s OM No. 169/2/2000-IC dated 24.11.2000, dealing with the situation whereby both the feeder and the promotional grades were placed in the identical revised pay scales based on the recommendations of the 5th Central Pay Commission, it was provided, inter-alia, that only in cases where it was not found feasible to appropriately restructure cadres in question on functional, operational and administrative considerations, extension of the benefit of fixation of pay under FR 22(I)(a)(1) could be considered on the merits of each case, provided all the conditions precedent for the grant of this benefit were fully satisfied and promotion to the post in question actually involved assumption of higher responsibilities.

3. In view of the provisions which existed prior to 1.12006., the matter has been considered and the President is pleased to decide that in cases of promotion from one post to another where the promotional post carries the same Grade Pay as the feeder post, the fixation of pay in such cases will be done in the manner as prescribed in Rule 13(i) of the CCS(RP) Rules, 2008, provided fixation of pay in such cases was done prior to 1.1.2006 in terms of this Ministry’s aforesaid OM No.169/2/2000-IC dated 24 11.2000.

4. In so far as the persons serving the Indian Audit and Account Department are concerned, these orders are issued in consultation with the Comptroller & Auditor General of India.

5. The Hindi version of this OM will follow.

sd/-

(Amar Nath Singh)

Deputy Secretary to the Government of India

Re-Exercise of option for fixation of revised pay in case of employees covered under the OM dated 19.3.2012

No. 10/2/2011-E-III(A)

Government of India

Ministry of Finance

Department of Expenditure

North Block, New Delhi

Dated the 3rd January, 2013

OFFICE MEMORANDUM

Subject: Central Civil Services (Revised Pay) Rules, 2008 – the re-exercise of option under Rule 6 of the Central Services (Revised Pay) Rules, 2008 in case of employees covered under the OM dated 19.3.2012.

The undersigned is directed to invite a reference to Rules 5 & 6 of the CCS(RP) Rules, 2008, as per which a Central Government employee had an option to elect to come over to the revised pay structure either from 1.1.2006 or from the date of his next increment or from the date of promotion, upgradation of pay scales. Such an option was to be exercised within 3 months from the date of publication of CCS (RP) Rules, 2008. The rule also provides that the option once exercised shall be final.

2. This Ministry issued instructions vide this Departments OM No.10/2/2011-E-IIIA dated 19.3.2012, providing that those Central Government employees who were due to get their annual increment between February, 2006 to June, 2006 may be granted one increment on 1.1.2006 in the pie-revised pay scale as a one time measure and, thereafter, they will get the next increment in the Revised Pay structure on 1.7.2006 as per Rule 10 of the CCS (RP) Rules 2008.

3. In view of the benefit extended to Central Government employees as per the aforesaid OM dated 19.3.2012, the issue relating to according of a fresh opportunity to Central Government employees to re-exercise their option to come over to the revised pay scale as per CCS(RP) Rules, 2008 was raised by the Staff side of the Joint Consultative Machinery in the meeting of the National Anomaly Committee held on 17.7.2012.

4 The matter has been considered by the Government and having regard to the fact that the provisions of the aforesaid OM dated 19.3.2012 bring about a material change in the basis for exercise of option to come over to the revised pay structure in terms of the CCS(RP) Rules, 2008 in respect of employees who are covered under the said OM dated 19.3.2012, the President is pleased to decide that all those employees who are covered under the provisions of the aforesaid OM dated 19.3.2012 may once again be permitted to re-exercise their option to come over to the Revised pay structure.

5. The benefit under these orders for re-exercise of option shall be available for a period up to 31.3.2013. The revised option shall be intimated to the head of the office by the concerned Government employees in accordance with the provision of Rule 6 (2) of the CCS (RP) rules, 2008.

6. All the Ministries and Departments are requested to bring the content of this OM to the notice of their employees so that such employees can avail themselves of the same within the stipulated time period.

7. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

sd/-

(Amar Nath Singh)

Deputy Secretary to the Government of India