7th CPC : Modification of Level-12A and 13 of Defence Pay Matrix – MoD Order

7th CPC : Modification of Level-12A and 13 of Defence Pay Matrix – MoD Order

7th CPC : Modification of Level-12A and 13 of Defence Pay Matrix – MoD Order
modification-of-level-12a-and-13-defence-pay-matrix

No.1(27)/2017-D(Pay/Services)

Government of India
Ministry of Defence
Sena Bhawan, New Delhi
Dated, the 2nd July, 2018
Office Memorandum
Subject: Modification of Level-12A and 13 of Defence Pay Matrix –
Issues regarding.

The undersigned is directed to invite attention to the Pay Matrix contained
in Part A of the Schedule of the Army Officers Pay Rules, 2017; Air Force
Officers Pay Rules, 2017 and Navy Officers Pay Regulations, 2017 as
promulgated vide SRO Nos. 12(E), 13(E) and 14(E)’ respectively dated 03rd
May, 2017, where the Level-12A starts at Rs. 1,16,700 at Cell one and ends
at Rs. 2,10,700 at Cell twenty one and Level-13 of the Pay Matrix starts at
Rs. 125,700 at Cell one and ends at Rs. 2,14,000 at Cell nineteen and to
state that in terms of Army Officers Pay (Amendment) Rules, 2017; Air Force
Officers Pay (Amendment) Rules, 2017 and Navy Officers Pay (Amendment)
Regulations, 2017 promulgated vide SRO Nos. 17(E), 18(E) and 19(E)
respectively dated 06th July, 2017, the said Levels 12A and 13
of the Pay Matrix have been modified. The modified Level 12A starts at Rs.
1,21,200 at Cell one and ends at Rs. 2,12,400 at Cell twenty. The modified
Level 13 starts at Rs.1,30,600 at Cell one and ends at Rs. 2,15,900 at Cell
eighteen.
2. The modified Levels 12A and 13 in terms of the Army Officers Pay
(Amendment) Rules, 2017; Air Force Officers Pay (Amendment) Rules, 2017 and
Navy Officers Pay (Amendment) Regulations, 2017 take effect from 1St
January, 2016. Accordingly, the earlier Levels 12A and 13 of the Pay Matrix
as contained in Army Officers Pay Rules, 2017; Air Force Officers Pay
Rules, 2017 and Navy Officers Pay Regulations, 2017 notified on 03.05.2017
and effective from 1st January, 2016 have become non-existent ab-initio with the promulgation of the Army Officers Pay
(Amendment) Rules, 2017; Air Force Officers Pay (Amendment) Rules, 2017 and
Navy Officers Pay (Amendment) Regulations, 2017. The modified Levels 12A
and 13 are an improvement on the earlier Levels 12A and 13 in as much as
the earlier Levels 12 and 13 are based on the ‘Index of Rationalisation’
(IOR) of 2.57, whereas the modified Levels 12A and 13 are based on the IOR
of 2.67. It is for this reason of improvement that the modified Level 12A
begins at Rs. 1,21,200 and Level 13 begins at Rs. 1,30,600, as against the
earlier Levels 12A and 13 which began at Rs 1,16,700 and Rs. 125,700
respectively.
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3. Consequent upon the aforesaid modification of Level-12A and Level 13 in
terms of the Army Officers Pay (Amendment) Rules, 2017; Air Force Officers
Pay (Amendment) Rules, 2017 and Navy Officers Pay (Amendment) Regulations,
2017 effective from 01.01.2016, pay in respect of those who are entitled to
Level-12A or Level-13 either from 01.01.2016 or from any date later than
01.01.2016, shall be re-fixed by the fitment factor of 2.57 as contained in
Rule 7(1)(i) of Army Officers Pay Rules, 2017 and
Air Force Officers Pay Rules, 2017 and Regulation 7(1)(i) of Navy Officers
Pay Regulations, 2017 in the aforesaid respective modified Levels 12-A or
13 in supersession of the earlier pay fixation. The formula for fixation of
pay based on the fitment factor of 2.57, as contained in the ibid Pay
Rules/Pay Regulations, 2017 has not been modified by the aforesaid Pay
(Amendment) Rules. The fitment factor of 2.57 is uniformly applicable for
all employees for the purpose of fixation of pay in all the Levels of Pay
Matrix. Some issues regarding re-fixation of pay and the decisions thereon
are brought in the succeeding paragraphs for compliance.

Issue No. 1 – Whether pay in the Level-12A and 13 is to be fixed by
multiplying by a factor of 2.57 or 2.67
4. Pay in the Levels-12A and 13 of the Pay Matrix, as provided for in the
Army Officers Pay (Amendment) Rules, 2017; Air Force Officers Pay
(Amendment) Rules, 2017 and Navy Officers Pay (Amendment) Regulations,
2017, shall continue to be fixed based on the fitment factor of 2.57 as
already provided for in Rule 7(1) (i) of Army Officers Pay Rules, 2017 and
Air Force Officers Pay Rules, 2017 and Regulation 7(1) (i) of Navy Officers
Pay Regulations, 2017. In case pay has been fixed in the modified
Levels-12A and 13 by way of fitment factor of 2.67, the same is contrary to
the Rules and is liable to be rectified and excess amount recovered
forthwith. For more clarification, Issue no.1 mentioned in Ministry of
Finance OM No. 4-6/2017-IC/E-III(A) dated 28.09.2017 may be referred to.
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Issue No. 2 Pay re-fixed in the modified Level-12A and 13 working out
lower than the pay fixed in the earlier Level-12A and 13
5. Pay in respect of those, who are entitled to Levels 12A or 13 either
from 1.1.2016 or from any date later than 1.1.2016, has to be re-fixed in
the modified Level 12A or 13 and the pay as earlier fixed in the earlier
Level 12A or 13 gets automatically rescinded.

Therefore, pay, as fixed in the modified Level 12A or 13 in terms of
Rule 7 of Army Officers Pay Rules, 2017 and Air Force Officers Pay
Rules, 2017 and Regulation 7 of Navy Officers Pay Regulations, 2017 in
case of those who were drawing pay in the pre-revised pay structure in
PB-4 plus Grade Pay of Rs.8000 or Rs. 8700 as the case may be, as on
31.12.2015 or in terms of Rule/Regulation 12 thereof in case of those
promoted to Levels 12A and 13 on or after 1.1.2016, shall now be the
pay for all purposes.
6. It has been decided that if the pay re-fixed strictly as per
Rule/Regulation 7 or Rule/Regulation 12, as the case may be, of the Army
Officers Pay Rules, 2017; Air Force Officers Pay Rules, 2017 and Navy
Officers Pay Regulations, 2017 in the Levels-12A and 13 based on the Pay
Matrix contained in the Army Officers Pay (Amendment) Rules, 2017; Air
Force Officers Pay (Amendment) Rules, 2017 and Navy Officers Pay
(Amendment) Regulations, 2017 (as per the fitment factor of 2.57) happens
to be lower than the pay as earlier fixed as per the said Rules (fitment
factor of 2.57) in the earlier Levels-12A and 13, then while the pay as
re-fixed shall be the pay as applicable to the concerned employee for all
purposes,

any recovery of over payment on account of such re-fixation during the
period up to 31.7.2017, the month in which the Army Pay Officers
(Amendment) Rules, 2017; Air Force Officers Pay (Amendment) Rules, 2017
and Navy Officers Pay (Amendment) Regulations, 2017 have been issued,
shall be waived.

For more clarification, Issue no. 2 mentioned in Ministry of Finance OM No.
4-6/2017-IC/E-III(A) dated 28.09.2017 may be referred to.
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Issue No. 3 – Re-exercise of option for coming over to the Revised Pay
structure in case of Level 12A and 13
7. It has been decided that since the modification of the Levels 12A and 13
as per Army Officers Pay (Amendment) Rules, 2017; Air Force Officers Pay
(Amendment) Rules, 2017 and Navy Officers Pay (Amendment) Regulations,
2017is a material change, the employees, who were entitled to Level 12A or
13 as on 1.1.2016 and who had already opted for the earlier Level 12A or 13
as per Rules 5 and 6 of the Army Officers Pay Rules, 2017; Air Force
Officers Pay Rules, 2017 and Navy Officers Pay Regulations, 2017,

shall be given an opportunity for re-exercise of their option there
under. Such an option may be exercised within three months from the
date of issue of these orders.
(B.D. Barua)
Deputy Secretary to the Government of India

To

The Chief of Army Staff

The Chief of Air Staff

The Chief of Naval Staff

Copy to: As per standard distribution list.

Source: Click here to view/download pdf
[https://mod.gov.in/dod/sites/default/files/modification030718.pdf]

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