• Skip to main content
  • Skip to primary sidebar
  • Skip to secondary sidebar
  • 7CPC
  • Railways
  • Pension
  • DOPT
  • Defence
  • CGHS
  • KV School
  • Dearness Allowance

CG Employees

Central Government Employees News, DoPT, 7th pay commission latest news

You are here: Home / CCS / Central Civil Services (Revised Pay) Rules, 2008 – Entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

Central Civil Services (Revised Pay) Rules, 2008 – Entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

September 29, 2018 by admin Leave a Comment

Central Civil Services (Revised Pay) Rules, 2008 – Entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

No. 8-23/2017 – E.IIIA
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
28th September, 2018

Office Memorandum

Subject: Central Civil Services (Revised Pay) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule thereto – entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

The undersigned is directed to invite the attention to the provisions contained in Section-2 of Part ‘A’ of the First Schedule of the Central Civil Services (Revised Pay) Rules, 2008 which provides for entry pay in the revised pay structure (pay structure effective from 1.1.2006 up to 31.12.2015) for direct recruits appointed on or after 1.1.2006 on a post and to say that pay in respect of persons appointed to the same posts before 1.1.2006 is required to be fixed as on 1.1.2006 under Rule 7 (1)(A)(i) and pay in respect persons appointed on the same post on promotion on or after 1.1.2006 is required to be fixed under Rule 13 thereof.

2. A number of references were received in Ministry of Finance, Department of Expenditure, stating that the pay of seniors of a post was fixed at a stage lower than the entry pay applicable to the persons appointed on direct recruitment basis on that post on or after 1.1.2006. In such cases, stepping of pay was allowed to the senior employee at par with the entry pay of direct recruits of those posts, subject to the conditions, inter-alia, that stepping up of pay of seniors is applicable only in those cases which have an element of direct recruitment and where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, the stepping up of pay of senior employees was admissible from the date a junior direct recruit joined on or after 1.1.2006.

3. The matter was also considered in the meeting of the National Anomaly Committee (NAC) held on 17.7.2012 based on a demand raised by the Staff Side under the JCM. NAC had recommended that in cases where Recruitment Rules provide for direct recruitment, then the stepping up of pay of senior may be considered, even if no actual direct recruitment takes place or no direct recruit has actually joined. However, it was decided that stepping up of the 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. Thus, stepping up of pay was dependent upon actual joining of a direct recruit.

4. Trained Graduate Teachers (TGTs) of the Government of National Capital Territories of Delhi (GNCTD) filed an OA No. 3217/2014 before the Hon’ble Principal Bench of CAT. The 13 petitioners of the post of Trained Graduate Teachers (TGT) comprised those who were appointed as TGT before 1.1.2006 as also those who were promoted to the post of TGT on or after 1.1.2006. The pay of these 13 employees had been fixed as per the relevant provisions of the CCS(RP) Rules, 2008 and the same happened to be lower than the entry pay as applicable to direct recruits of the post of TGT appointed on or after 1.1.2006. These petitioners prayed for re-fixing their pay as applicable to direct recruits appointed on or after 1.1.2006.

5. The Hon’ble Principal Bench of CAT in their order dated 4.4.2016 in OA No.3217/2014 allowed the application and directed the Government to ensure that none of the applicant’s pay is fixed at a stage lower than the pay which could be drawn by a direct recruit appointed on or after 1.1.2006. The order of Hon’ble CAT dated 4.4.2016 was upheld by the Hon’ble Delhi High Court in terms of their order dated 23.3.2017 in WP(C ) No.2634/2017. The Hon’ble Delhi High Court in its order dated 23.3.2017 observed, inter-alia, that the plea of stepping up of pay, as mentioned in para 2 above, means that the direct recruits should have actually joined before any stepping up of pay can be granted and the date of joining would be different as filling up of direct recruit vacancies in the cadre would depend upon vacancy position, selection etc. The Hon’ble Delhi High Court held that this was unacceptable.

6. The matter arising out of the aforesaid order of Hon’ble Delhi High Court dated 23.3.2017 was heard by the Hon’ble Supreme Court as part of the SLP and in its order dated 01.09.2017 (Dy. No. 23663/2017), the Hon’ble Supreme Court has observed that once the question, in principle, has been settled, it is only appropriate on the part of the Government to issue a Circular. The Hon’ble Supreme Court further observed that the present situation is that the stepping up is available only to those who have approached the Court, but since the issue otherwise became final, the Hon’ble Supreme Court directed Government to immediately look into the matter and issue appropriate orders.

7. Accordingly, the matter has been considered in the light of the above background and in the context of the specific orders of Hon’ble Supreme Court dated 01.09.2017 as arising out of the original issue raised by the Trained Graduated Teachers of GNCTD in terms of their OA No. 3217/2014. As mentioned above, the petitioners in that case were those who were appointed as TGT before 1.1.2006 and also promoted as TGT on or after 1.1.2006, and had occasion for grievance because their pay in the pay structure in vogue from 1.1.2006 had been fixed lower than the entry pay as prescribed for direct recruits appointed as TGT on or after 1.1.2006. Therefore, the principle of the benefit of pay fixation, as flowing from the aforesaid orders of Hon’ble CAT, Hon’ble Delhi High Court and the Hon’ble Supreme Court, is that the pay of those who were appointed to the post prior to 1.1.2006 and those who were appointed to the post on promotion in the pay structure effective from 1.1.2006 onwards, and where in respect of such posts entry pay for direct recruits appointed on or after 1.1.2006 has been prescribed giving rise to differential pay, may not be lower than the said entry pay. It is the case of differential pay in respect of employees of a post, as caused by the existence of entry pay applicable for direct recruits on that post appointed on or after 1.1.2006, that has been addressed in the aforesaid case of the post of TGTs. In case entry pay as per Section II of Part A of the First Schedule of the CCS(RP) Rules, 2008 is not applicable in case of a post, the same will not give rise to differential pay for holders of the post and, hence, not covered under the ratio of the case of TGT.

8. Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section II of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay, as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

9. In their application to the employees of office of Indian Audits and Accounts Department, these orders issue after consultation with the Comptroller and Auditor General of India.

10. Hindi version of these orders is attached.

S/d,
(Amar Nath Singh)
Director

Related to Your Search:

  1. Entry Pay to DR Appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits
  2. Entry Pay for Direct Recruits Appointed on or after 1.1.2006
  3. Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay
  4. Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay
  5. Railway: Cases of promotion taking place in the pre-revised pay structure between 01-01-2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade fixation of pay clarifications
  6. 6th CPC Entry Pay Structure for Direct Recruits
  7. Fixation of pay in respect of employees appointed on or after 01.01.2006 in the Grade of 4280 (PR)
  8. Rule 10 CCS(RP) Rules, 2008 – revised pay scale and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006
  9. DoE: Central Civil Services (Revised Pay) Rules, 2016 – opportunity for revision of option to come over to revised pay structure

Filed Under: CCS Tagged With: Central Civil Services Revised Pay, Finmin Orders, Fixation of Pay

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

central-government-employees-news-app
Free Download - Central Government News App for (CG News App)

Expected DA from Jan 2019 - Our guess 3%

Recent Posts

  • Grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees – Hon’ble CAT Jaipur Bench – DoP
  • Grant of Dearness Relief to CPF beneficiaries in receipt of ex-gratia payment in the 5th CPC series effective from 01.07.2019
  • CGHS medical facilities reimbursement to Central Government pensioners
  • Grant of Cycle Maintenance Allowance to Gramin Dak Sevas (ABPM/Dak Sevaks) – Department of Posts
  • Supreme Court Order – Benefit of pensioners who retired on 30th June

Recent Comments

  • Urwashi sharma on DoPT: Recording of Annual Performance Appraisal Report – APAR for the financial year 2017-18 in respect of CSS and CSSS officers – ALERT
  • sesha on Discontinuation of Grant-in-aid to Central Government Employees Welfare Coordination Committee for Cultural activities & Indoor Games and Secretarial Assistance
  • sakshi on Grant Of Dearness Allowance to Central Government – Revised Rates effective from 1.1.2018: Finmin DA Order
  • sakshi on Gramin Dak Sevaks : LokSabha Q&A
  • Balaji Singh on Increase in 7th CPC Minimum Pay and Fitment Factor – Rajya Sabha Q&A

Archives

  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018

Secondary Sidebar

Categories

  • 6CPC
  • 7CPC
  • Allowance
  • Bonus
  • BSNL
  • CCS
  • Central Government Jobs
  • CGDA
  • CGHS
  • CSD
  • Dearness Allowance
  • Defence
  • DOPT Orders
  • Employees News
  • EPFO
  • Expected DA
  • General news
  • Government Servant Leave Rules
  • GST
  • HBA
  • Holiday Homes
  • Holidays
  • HRA
  • Income Tax
  • IT Exemption
  • KV School
  • Latest News
  • LTC
  • MACP
  • Pension
  • Postal Department
  • Promotion
  • Railways
  • Reservation
  • Retirement Age
  • Uncategorized

Copyright © 2019 · Magazine Pro on Genesis Framework · WordPress · Log in