Fixation of pay as entry pay for direct recruits appointed on or after 1.1.2006 and promotees – Ministry of Finance clarification

Fixation of pay as entry pay for direct recruits appointed on or after 1.1.2006 and promotees – Ministry of Finance clarification
No. 8-23/2017-E.IIIA
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
28th September, 2018
Office Memorandum

entry-pay-for-direct-recruits-appointed-on-or-after-1.1.2006
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 of 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 1.12006.
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.
Read also :  A commemorative stamp released to mark the occasion of 250 years of Survey of India
4. Trained Graduate Teachers (TGTs) of the Government of National Capital
Territories of Delhi (GNCTD) filed an CA 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 1.12006.
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.
Read also :  Proposals for holding Conferences/Workshops/Seminars, etc. (Domestic & International) involving expenditure Rs. 40 lakh or less may be decided by the Ministries/Departments - DoE guidelines
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 CA No. 3217/2014. As
mentioned above, the petitioners in that case were those who were appointed
as TGT before 11.2006 and also promoted as TGT on or after 11.2006, 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.
Read also :  No change in Interest rates for Small Savings Schemes from 01 July 2018 to 30 Sep 2018.
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.
(Amar Nath Singh)
Director
To
1) All Ministries / Departments of the Government of India (As per Standard
List).
2) C&AG
3) UPSC
4) Lok Sabha Secretariat
5) Rajya Sabha Secretariat
6) NIC 
[https://doe.gov.in/sites/default/files/entry%20pay%20english.pdf]

https://https://www.facebook.com/stafftoday
https://feedburner.google.com/fb/a/mailverify?uri=blogspot/jFRICS&loc=en_US
https://twitter.com/stafftoday

COMMENTS