Thursday, February 18, 2010

Clarification regarding pay fixation on promotion / stepping up of pay of seniors in respect of direct recruited junior.



GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
******

S.No.PC-VI/188                   RBE No.28/2010
No.PC-VI/2010/I/RSRP/1                   New Delhi, dated 17.02.2010
The GMs/CAOs(R),
All Indian Railways & Production Units
(As per mailing list)


Subject: Applicability of minimum pay/stepping up of pay clarification reg.
A number of references have been received in this office regarding applicability, for departmental promotees, of minimum entry pay prescribed for direct recruits (appointed on or after 1.1.2006) in Section II of Part A of the First Schedule of RS(RP) Rules, 2008. References have also been received regarding stepping up of pay of senior promotees with references to such of their directly recruited juniors who are recruited on or after 1.1.2006 and whose basic pay is more than that of their seniors.
2. The matter has been examined in consultation with Ministry of Finance. In this connection it is clarified that the revised pay structure comprises grade pays and running pay bands and in the case of those Railway servants who were already in service before 1.1.2006. Sixth Pay Commission has not prescribed a minimum pay in the running pay band with reference to the minimum entry level pay prescribed for direct recruits appointed on or after 1.1.2006. Further, the Sixth CPC has not prescribed minimum pay in the pay band for the purpose of fixation of pay on promotion in the case of any grade and fixing of minimum pay in the pay band in the case of each grade pay for departmental promotees would defeat the very purpose of introduction of running pay bands.
As far as the matter relating to bringing the pay of existing Railway servants as on 1.1.2006 at par with the pay of direct recruits recruited on or after 1.1.2006 is concerned, it is clarified that the pay of those Railway servants who joined the Railway as directrecruits on or after 1.1.2006 is to be fixed as per Section II, Part ‘A’ of the First Schedule to the RS(RP) Rules, 2008 and the procedure of pay fixation is based on a specific recommendation of the Sixth Pay Commission, which has been accepted by the Government. As far as pay fixation in respect to those Railway servants who were already in service on 1.1.2006 is concerned, the same is to be doneas per the provisions of Rule 7 of RS(RP) Rules, 2008 and in accordance with the fitment tables annexed with this Ministry’s letter No.PC-VI/2008/I/RSRP/1 dated 11.9.2008.
4. In the light of the foregoing, it is clarified that in terms of RS(RP) Rules,2008:-
(a) no minimum pay in the pay band can be prescribed in the case of promotion of Railway servants from one grade to another (except in the case of change in pay band); and
(b) pay of those Railway servants who were already in service on 1.1.2006 can not be fixed with reference to the minimum entry payprescribed for those who joined the Railways as direct recruits on or after 1.1.2006 as per Section II, Part ‘A’ of the First Schedule to the RS(RP) Rules, 2008.
5. However, stepping up of pay of seniors can be permitted with reference to such of their directly recruited juniors borne on the same seniority list who are recruited on or after 1.1.2006 and whose basic pay is more than that of the seniors, subject to the following conditions:-
(a) Stepping up of the basic pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. In such cases, the basic pay of the seniors will be stepped up with reference to the basic pay of the juniors. Stepping up will be applicable from the date junior direct recruit is actually drawing higher basic pay than the senior.
(b) Further, Railway servants cannot claim stepping up of their revised basic pay with reference to entry pay in the revised pay structurefor direct recruits appointed on or after 1.1.2006 as laid down in Section II of Part A or First Schedule to the RS(RP) Rules, 2008, if their cadre does not have an element of direct recruitment, or in cases where no junior is drawing basic pay higher than them.
(c) Stepping up of pay of the seniors shall not be applicable in cases where pay of direct recruits has been fixed at a higher stage on account of grant of advance increments etc. at the time of recruitment.
6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
(Hari Krishan) Director, Pay Commission –II Railway Board

By Courtsey : 90paisa.blogspot.com
In view of the above notification by the Railway Board, the conferderation of the Central Govt. Employees has sought similar circular from Ministry of Expenditure for other departments. View the letter written in this regard.
Ms. Sushama Nath
Secretary Expenditure
Ministry of Finance
North Block
New Delhi-01
 
Dear Madam,
Sub: Anomaly in fixation of Pay of promotees and direct recruits –    agenda item 
No.5(iv) of the National Anomaly Committee-regarding
 
We solicit your kind reference to the minutes of the National Anomaly Committee meeting held on 12th December 2009 under the chairmanship of the Secretary (Personnel)- on the above issue at pages 4 and 5, circulated Vide O.M.No.11/2/2008- JCA dated 5.2.2010.  The operative part of discussion, as is incorporated in the last sentence in page 5 reads as under:
 
"The Chairman suggested the Department of Expenditure to re-exam the matter"
 
During on discussion , The Joint Secretary(Personnel) had observed that in case where the promotee and post 1.01.2006 direct recruits are borne on the same seniority list and the senior is drawing less basic pay than junior, the pay of senior can be stepped up. This no doubt, only partially remove the anomaly.
 
            As per the above observation the ministry of Railways issued an order, on 17.2.2010 a copy of which is enclosed for your ready reference. In para 2 thereof, it has stated that the said order has been issued in consultation with the Ministry of Finance.
 
            We shall be grateful if similar orders are issued by the Department Expenditure so that the employees similarly placed in other departments could get the benefit thereof, howsoever limited it is.
 
            Thanking you
Yours faithfully
 
KKN Kutty
Secretary General
06.03.2010. 



3 comments:

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DNY said...

This happen only in India, as the basis of pay structure is not the work. I ask the question that Is Direct recruiter working more than a promotee? There should be minimum of each grade pay & provided to both direct recruit & promotee otherwise it defeat the Hon'ble Supreme Court decision & constitution of India as Same work same pay.
It is Shame for Finance Ministry that it decision is full of partiality.
Please reconsider it.

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