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Central Civil Services Revised Pay) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure - Department of Posts

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This article is regarding the option to be exercised consequent on the implementation of 7th CPC from 01.01.2016.

As per CCS (RP) Rules 2016, the following options are available.

1. An official can opt to switch over to the new pay w.e.f. 01.01.2016.

2. An official can opt to remain in the pre revised pay upto the date of next increment or subsequent increments and switch over to new pay w.e.f. the date of next or subsequent increment. i.e. 01.07.2016, or subsequent increments i.e. 01.07.2017, 01.07.2018 etc.

3. An official can opt to remain in the pre revised pay and switch over to new pay from the date of his promotion/MACPs.

There is a huge confusion in the cases cited 3 above. Especially in the case of those officials in the PA cadre and are due for MACP II in the year 2016.

It is important that the option 3 above is applicable to those officials who got their promotions between 1.1.2016 and the date of notification i.e. 25.7.2016. For those who got their promotions after 25.7.2016, they cannot exercise option to continue in the pre revised pay upto their date of promotion and then switching over to new pay. They can continue in the pre revised pay up to the subsequent increments i.e. 1.7.17, 1.7.18 etc only. This makes the difference.

For example, an official who got promotion under MACPS on 1.3.2016, the official has the following 3 options.

a. He can switch over to new pay w.e.f. 1.1.2016 and his pay on promotion on 1.3.2016 will be fixed as per CCS (RP) Rules 2016 with DNI 1.1.2017, since he completes 6 months’s period only on 1.1.2017.

b. He can continue in the pre revised pay upto 28.2.2016 and after getting his pay fixed on 1.3.2016 for his promotion as per CCS (RP) Rules 2008 (6th CPC) and then switch over to new pay w.e.f. 1.3.2016. In this case also the DNI will be on 1.1.2017. No increment on 1.7.16 as he has not completed 6 months service.

c. He can continue in the pre revised pay upto his DNI i.e.1.7.2016. The official will be governed by CCS (RP) Rules 2008 upto 1.7.16. In this case from 1.3.2016 to 30.6.2016 he will be paid the difference in grade pay for his promotion. On his DNI, he will be given two increments, one regular and another one for promotion and also the higher grade pay. Then his pay will be fixed in the revised pay w.e.f. 1.7.2016 with DNI 1.1.2017, as he has completed 6 months’ service after promotion on 1.1.2017. This option will be most beneficial to the official. 

On the other hand, consider an official, who got promotion under MACPS on 1.8.2016, the official has the following options.

a. He can switch over to new pay w.e.f. 1.1.2016, he will be given increment in the new pay on 1.7.16 and his pay on promotion on 1.8.2016 will be fixed as per CCS (RP) Rules 2016 with DNI 1.7.2017, since he completes 6 months’s period only on 1.7.2017 and not on 1.1.2017.

b. He can continue in the pre revised pay upto 30.6.2016 and after getting his regular increment on 1.7.2016, he can switch over to new pay w.e.f. 1.7.16. In this case his pay on promotion on 1.8.16 will be fixed as per CCS (RP) Rules 2016. He cannot continue the pre revised pay upto 31.7.2016 and switch over to revised pay on 1.8.2016.

c. He can continue in the pre revised pay upto 30.6.2017. In this case, he will be given the periodical increment on 1.7.2016. On his promotion on 1.8.2016 his pay on promotion will be fixed as per RP rules 2008 (6th CPC) and he will draw his next increment on 1.7.2017 after his promotion. On 1.7.2017, he can switch over to new pay with DNI 1.7.2018. The DNI is not 1.1.2018 but 1.7.2018 since the first increment for the new entrants and also the first increment after promotion will be provided after 6 months’ of service. In the instant case, the official was given the fixation on 1.8.2016 and has got his first increment on 1.7.17. Also this official switches over to the new pay only on 1.7.2017. He is not a new entrant or completed 6 months of service after promotion as on 1.1.2018.

d. He can continue in the pre revised pay upto 30.6.2017.Also the official opts for his fixation on promotion on his DNI. 1.7.17. In this case, the official will be paid the difference of grade pay from 1.8.16 to 30.6.17. On 1.7.17, the official will be given 2 increments, one regular and another one for promotion and also the higher grade pay. Then his pay will be fixed in the revised pay (7th CPC). In this case, the official will get his next increment on 1.1.2018 since he has completed 6 months service after his fixation.

The recent orders No 4-13/17-IC/E-III A dated 12.12.2018 of Ministry of Finance gives one more chance to change the option. It is very important that this chance can be utilized to change the options which are available as mentioned in (1) to (3) only and nothing more.

In my opinion, those officials who got their promotion after 25.7.2016 and before 1.1.2017 can opt to continue in the old pay up to their subsequent increment 1.7.2017 and also to exercise option for fixation on promotion with effect from their DNI after promotion i.e 1.7.17 which would be most beneficial. In this case, there will be no arrears for the period from 1.1.2016 to 30.6.2017 in the 7th CPC scales. .

A special case.

If an official gets MACPS on 1.3.2016, he can exercise option to continue in the pre revised pay upto 30.6.2016 and to switch over to new pay on 1.7.2016 after getting his fixation for MACP in the pre revised scale. If this official gets another promotion, say IPO on 1.5.2016, then the official can exercise option to continue in the pre revised pay upto 30.6.2016 and to switch over to new pay after getting his fixation benefit for his IPO promotion. In this case, the option exercised for his earlier promotion i.e. MACPS stands cancelled and the pay for MACPS will be fixed on 1.3.2016 itself as per pre revised pay and the option for switching over to new pay will be allowed only for one scale i.e. IPO scale, since the official can opt to retain only one scale of pay in the pre revised scales.

I will provide some examples in my next article. Thank you viewers.

Article by:

Sri. R.Hariharakrishnan

Manager, Postal Stores Depot,

Tirunelveli 6270002.

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

To,

1. All Ministries/Departments of the Government of India (As per standard distribution list)

2. Guard File

3. NIC with the request that the same be posted on the website of Ministry of Finance, Department of Expenditure.

Source: https://doe.gov.in/sites/default/files/Revsion%20of%20Option_7th%20%20CPC%20_Eng_0.pdf

7th Pay Commission Training Allowance - Admissibility of Revised rates: DoP&T OM dated 12.11.2018

No. 13024/01/2016-Trg. Ref.

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

[Training Division (lST/IIPA)]

Block -4, Old JNU Campus,

New Mehrauli Road, New Delhi-67,

Date: November 12 , 2018

OFFICE MEMORANDUM

In continuation of this Department’s O.M. No. 13024/01/2016-Trg. Ref. dated October 24, 2018 on the subject cited above, the undersigned is directed to state that the contents of para 1 (ii) and (iii) of the said O.M. may be read as follows:

Para 1 (ii): “Training Allowance will be admissible only to faculties who join the training academies/institutes/establishments for imparting training for a specified period of time and are then likely to go back’

Para 1 (iii):“Training Allowance will not be admissible to those permanent faculties of training academies/institutes/establishments who have been recruited directly by the training academies/institutes/establishments for imparting training’

2. The concurrence of the Comptroller and Auditor General of India has also been obtained vide their UO No. l24- स्टाफ हक़ नियम ए. आर./0 3/-20l7/Vol.ll dated July 2, 2018.

3. This issues with the approval of the Competent Authority.

(Biswajit Banerjee)

Under Secretary to the Government of India.

Tel.: 011-26194167

Email ID: biswaiitbaneriee.edu@.nic.in

To

1. All Ministries/Departments of Government of India (as per DOPTs standard list and a request that this OM be given wide publicity)

2. All CTls/ATls

3. Director, LBSNAA, Mussoorie.

4. Director, lSTM, Old JNU, New Delhi

No.A-27018/ 01/ 2017-Estt. (AL)

Government of India

Ministry of Personnel, PG & Pensions

Department of Personnel & Training

Block No. IV, Room No. 409

Old JNU Campus, New Delhi

Dated 29th March, 2018

Office Memorandum

Subject: Implementation of Govt. Decision on 7th CPC recommendations on Risk Allowance- reg.

The undersigned is directed to refer to this Deptt's O.M. of even no. dt. 07.03.2018 (Copy enclosed) vide which Ministries/Departments were requested to provide the details regarding number of employees eligible for Risk Allowance, estimated existing annual expenditure as per the existing rates and estimated annual expenditure if the existing rates are multiplied by the 2.25 factor as decided by the Government.

2. Despite remainders, this Department has received comments only from 12 Ministries/Departments which are - M/o Panchayati Raj, D/o Public Enterprises, Cabinet Secretariat, D/o Atomic Energy, D/o Agriculture and Cooperation, Inter-State Council Secretariat, MHA, D/o Justice, D/o Food and Public Administration, M/o External Affairs, M/o Earth Science, D/o Defence, D/o Defence Production.

3. It is requested that the aforesaid data may be furnished to this Department in the format prescribed in O.M. dt. 07.03.2018(copy enclosed) at the earliest.

sd/-

(Sandeep Saxena)

Under Secretary to the Government of India

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Recommendations of the Seventh Central Pay Commission-Implementation of decisions relating to the grant of Children Education Allowance (CEA) and Hostel Subsidy – Consolidated instructions – DoPT

No.A-27012/02/2017-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Block-IV, Old JNU Campus, New Delhi
Dated: 17th July 2018

OFFICE MEMORANDUM

Subject: Recommendations of the Seventh Central Pay Commission-Implementation of decisions relating to the grant of Children Education Allowance (CEA) and Hostel Subsidy – Consolidated instructions –

Consequent upon the decisions taken by the Government to implement the recommendations made by the VII Central Pay Commission, this Department has issued an OM of even number dated 16-8-2017 revising the rates of CEA/Hostel Subsidy and simplifying the procedure for claiming reimbursement of the same. However this Department has been receiving various queries regarding CEA/Hostel Subsidy especially with regard to the applicability of various provision/instructions issued during sixth CPC regime period. Further references have also been received regarding the difficulty being faced by some government employees in obtaining certificate of the Head of the Institution as mentioned in this Department’s OM of even number dated 16-8-2017.

2. Keeping in view the above, it has been decided to issue consolidated instructions in supersession of all earlier OMs on the subject of Children Education Allowance and Hostel subsidy as under:

a) The reimbursement of Children Education Allowance/Hostel subsidy can be claimed only for the two eldest surviving children with the exception that in case the second child birth results in twins/multiple birth. In case of failure of sterilization operation, the CEA/Hostel Subsidy would be admissible in respect of children born out of the first instance of such failure beyond the usual two children norm.

b) The amount for reimbursement of Children Education allowance will be Rs.2250/per month (fixed) per child. This amount of Rs.2250/- is fixed irrespective of the actual expenses incurred by the Govt. Servant. In order to claim reimbursement of CEA, the Govt. servant should produce a certificate issued by the Head of the Institution for the period/year for which claim has been preferred. The certificate should confirm that the child studied in the school during the previous academic year. In case such certificate can not be obtained, self- attested copy of the report card or self attested fee receipt(s){including e-receipt(s)} confirming/indicating that the fee deposited for the entire academic year can be produced as a supporting document to claim CEA. The period/year means academic year i.e. twelve months of complete academic session.

c) The amount of ceiling of hostel subsidy is Rs.6750/- pm. In order to claim reimbursement of Hostel Subsidy for an academic year, a similar certificate from the Head of Institution confirming that the child studied in the school will suffice, with additional requirement that the certificate should mention the amount of expenditure incurred by the Government servant towards lodging and boarding in the residential complex. In case such certificate cannot be obtained, self- attested copy of the report card and original fee receipt(s)/e-receipt(s) which should indicate the amount of expenditure incurred by the Government servant towards lodging and boarding in the residential complex can be produced for claiming Hostel Subsidy. The expenditure on boarding and lodging or the ceiling of Rs.6750/- as mentioned above, whichever is lower, shall be paid to the employee as Hostel Subsidy. The period/year will mean the same as explained above in clause (b) of this para.

d) The reimbursement of Children Education Allowance for Divyaang children of government employees shall be payable at double the normal rates of CEA prescribed above in clause (b) i.e. Rs.4500/- per month (fixed).

e) The above rates/ceiling would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%.

f) The Hostel Subsidy and Children Education Allowance can be claimed concurrently.

g) In case both the spouses are Government servants, only one of them can avail reimbursement under Children Education Allowance and Hostel Subsidy.

h) The reimbursement of CEA and Hostel Subsidy will be done just once in a financial year after completion of the financial year.

i) Hostel subsidy is applicable only in respect of the child studying in a residential educational institution located at least 50 kilometers from the residence of the Government servant.

j) The reimbursement of Children Education Allowance and Hostel Subsidy shall have no nexus with the performance of the child in his class. In other words, even if a child fails in a particular class, the reimbursement of Children Education Allowance/Hostel Subsidy shall not be stopped. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the mid-session, CEA shall not be reimbursable.

k) If a Government servant dies while in service, the Children Education Allowance or hostel subsidy shall be admissible in respect of his/her children subject to observance of other conditions for its grant provided the wife/husband of the deceased is not employed in service of the Central Govt., State Government, Autonomous body, PSU, Semi Government Organization such as Municipality, Port Trust Authority or any other organization partly or fully funded by the Central Govt./State Governments. In such cases the CEA/Hostel Subsidy shall be payable to the children till such time the employee would have actually received the same, subject to the condition that other terms and conditions are fulfilled. The payment shall be made by the office in which the Government servant was working prior to his death and will be regulated by the other conditions, laid down in this OM.

1) In case of retirement, discharge, dismissal or removal from service, CEA/Hostel Subsidy shall be admissible till the end of the academic year in which the Government servant ceases to be in service due to retirement, discharge, dismissal or removal from service in the course of an academic year. The payment shall be made by the office in which the government servant worked prior to these events and will be regulated by the other conditions laid down in this OM.

m) The upper age limit for Divyaang children has been set at 22 years. In the case of other children the age limit will be 20 years or till the time of passing 12th class whichever is earlier. There shall be no minimum age.

n) Reimbursement of CEA and Hostel Subsidy shall be applicable for children from class nursery to twelfth, including classes eleventh and twelfth held by Junior Colleges or schools affiliated to Universities or Boards of Education.

0) CEA is allowed in case of children studying through “Correspondence or Distance Learning” subject to other conditions laid down herein.

p) The CEA and Hostel Subsidy is admissible in respect of children studying from two classes before class one to 12th standard and also for the initial two years of a diploma/certificate course from Polytechnic/ITI/Engineering College, if the child pursues the course after passing 10th standard and the Government servant has not been granted CEA/ Hostel Subsidy in respect of the child for studies in 11th and 12th standards

q) In respect of schools/institutions at nursery, primary and middle level not affiliated to any Board of education, the reimbursement under the Scheme may be allowed for the children studying in a recognized school/institution. Recognized school/institution in this regard means a Government school or any education institution whether in receipt of Govt. Aid or not, recognized by the Central or State Government or Union Territory Administration or by University or a recognized educational authority having jurisdiction over the area where the institution/school is situated.

r) In case of a Divyaang child studying in an institution i.e. aided or approved by the Central/State Govt. or UT Administration or whose fees are approved by any of these authorities, the Children Education Allowance paid by the Govt. servant shall be reimbursed irrespective of whether the institution is ‘recognized’ or not. In such cases the benefits will be admissible till the child attains the age of 22 years.

s) The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Government of India, and whose children are studying in the native place. However, a certificate may be obtained from the concerned Indian Mission that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.

t) The Children Education Allowance or hostel subsidy shall be admissible to a Govt. servant while he/she is on duty or is under suspension or is on leave (including extra ordinary leave). Provided that during any period which is treated as ‘dies non’ the Govt. servant shall not be eligible for the CEA/Hostel subsidy for that period.

3.These above instructions would come into effect from 1st July, 2017.

Hindi version follows.

sd/-
(Sandeep Saxena)
Under Secretary to the Government of India

Click to view order

Authority: https://dopt.gov.in/