7th CPC: Applicability of FR 22(I)(a)(1) in fixation of pay in case of promotion/upgradation after 01.01.2016

Implementation of 7th CPC Recommendation: 7th CPC: Applicability of FR
22(I)(a)(1) in fixation of pay in case of promotion/upgradation after
01.01.2016: Clarification regarding.**
No. AT/II/2702/Clar dated 08 March 2017**To The PCA (Fys), Kolkata Reference: Your office letter No Pay/O/I/7th CPC/Pay fixation dated
16-08-2016 and 06-01-2017. **
The issues raised in your office above mentioned letter have been examined
and the following is stated

Office of the Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110 010
No.AT/II/2702/Clar
Dated: 08 March 2017

To

The PCA (Fys)

Kolkata


Subject: Implementation of 7th CPC Recommendation: Fixation of pay on
promotion/ upgradation after 01.01.2016: Clarification regarding.

Reference: Your office letter No Pay/O/I/7th CPC/Pay fixation dated
16-08-2016 and 06-01-2017.

The issues raised in your office above mentioned letter have been examined
and the following is stated:

Sl No. Point of Doubt Remarks
1. Whether FR 22(I) (a) (1) still holds good in its present
form with all the attendant conditions or the same has got
modified on introduction of 7th CPC pay structure and if
yes what is the extent of modification of above FR.
In this regard para 15 of CCS (RP) Rules 2016 may be
referred to, which states that the provisions of
Fundamental Rules shall not save as otherwise provided in
ibid CCS (RP) Rules, apply to cases where pay is regulated
under CCS (RP), Rules 2016 to the extent they are
inconsistent with these rules.
2. Whether in case a Govt servant promoted between the period
of 2nd January and 1sst July opts to get his pay fixed from
the date of next increment under FR 22 (I) (a) (1), his pay
in the revised pay structure will be re-fixed by giving two
increments in the lower level, i.e., one annual increment
and second on account of promotion, and then placed at a
cell in the level of the post to which promoted with DNI on
1st July of next year OR only one increment on date of
promotion is to be allowed in the lower level and placed at
a cell in the level of promoted post with DNI on 1st
January of next year.
The issue whether a Govt servant promoted/upgraded between
the period of 2nd January and 1st July can opt to get his
pay fixed from the date of next increment under FR 22 (I)
(a) (1), has been taken up with MoD. Further correspondence
in this regard may be awaited.
3. Mr X and Mr Y both were drawing basic pay Rs.10160/- in
PB-1 with Grade Pay Rs.2400/- as on 01-01-2016. Their
revised pay under 7th CPC becomes Rs.32300/- in Level 4. Mr
X was granted MACP in level 5 on 03-06-2016, accordingly
his pay has been fixed at Rs.33900/- in level 5. Whereas Mr
Y was granted MACP on 02-07-2016 in level 5 entitling him
for an annual increment on 01-07-2016 to reach Rs.33300/-
and then his pay on account of MACP fixed on 02-07-2016 to
reach Rs.34900/-

As such though Mr X is senior to Mr Y and both officials
are getting equal pay upto 02-06-2016, after revision of
pay under 7th CPC the pay of Mr X becomes less than the pay
of Mr Y, thus creating an anomaly.

It is viewed that the anomaly has been arisen due to the
fact that both the officials have opted to enter the 7th
CPC on 01-01-2016. If Mr X opts to enter 7th CPC on the
date of his increment. i.e., 01-07-2016, he would get two
increments in the lower level of pre-revised structure and
then his pay will be revised under 7th CPC to reach at
Rs.35900/- as under and the anomaly would not arise.
However, as the issue as to whether a Govt servant
promoted/upgraded between the period of 2nd January and 1st
July can opt to get his pay fixed from the date of next
increment under FR 22 (I) (a) (1), has been taken up with
MoD, the clarification/guidance from MoD may be awaited.

sd/-
(Vinod Anand)
Sr ACGDA (P&W)
Source : http://pcafys.nic.in 
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