TRAVELLING ALLOWANCE RULES – IMPLEMENTATION OF THE RECOMMENDATIONS OF THE SEVENTH CENTRAL PAY COMMISSION.(Click here to view)
Monday, March 19, 2018
PERMISSION TO OPT FOR PAY FIXATION IN THE REVISED PAY STRUCTURE ON A DATE AFTER THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016 NOTIFICATION DATED 25.07.2016 DEMAND OF THE JCM NATIONAL COUNCIL STAFF SIDE REJECTED BY GOVERNMENT.
JCM national council, Staff Side, has demanded that under the existing orders the option to come over to revised pay structure from the date of promotion is available only for those employees who are promoted before 25.07.2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on a date after 25.07.2016 (say on 26.07.2016) will be discriminatory. Government has considered the demand and rejected. The following is the reply of the Finance Ministry, Department of Expenditure.
DEPARTMENT OF EXPENDITURE VIDE OM DATED 30.08.2017
The position on action taken in respect of item regarding permission to opt for pay fixation in the revised pay structure on a date after the issue of CCS (RP) Rules 2016 (notification on 25.07.2016) in the case of employees whose promotion becomes due after 25.07.2016 is given below:
In the said item the staff side has demanded that under the existing orders the option to come over to revised pay scale from the date of promotion is available only for those employees who are promoted before 25.07.2016, the date of notification of CCS (RP) Rules 2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on 26.07.2016 (one day after the date of notification) and afterwards will be discriminatory.
The revised Pay rules contained in CCS (RP) Rules 2016 are effective from 01.01.2016. A person holding a particular post as on 01.01.2016 has an option to come over to revised pay scale applicable to that post either straight away on 01.01.2016 or from a date later than that such an option is clearly mentioned in provisio 1 and provisio 2 of Rule 5. A combined reading of provisio 1 and provisio 2 to Rule 5 provided that a Government Servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.
But, in cases where a Government servant has been placed in a higher grade pay or scale between 01.01.2016 and the date of notification of CCS (RP) Rules 2016 on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation.
Therefore the rules provide while in respect of post held by a Government Servant as on 01.01.2016, the concerned Government Servant may elect to come over to revised pay scaleapplicable to that post either from 01.01.2016 or from a date later than 01.01.2016, in case he is promoted to a post not held by him on 01.01.2016 on a date later than that, then he can opt to come over to revised pay scale from the date of promotion provided such promotion takes place between 01.01.2016 and the date of notification. Thus the date of notification of the Rules on 25.07.2016 which are effective from 01.01.2016 is the outer limit for option in cases the option is from date of promotion. The similar was the provisions in the Rules pertaining to the 6th CPC in terms of CCs (RP) Rules 2008. This is the fair and time tested rule, as it seeks to allow option in case of promotion during the retrospective effect of the Rules. There has to be outer date and that date is the date of notification of CCS (RP) Rules 2016, which is objective and of fair application. No such objective date beyond 25.07.2016 could be of fair application.
Accordingly it is not possible to agree to the demand of the staff-side.
Ref:Confdn/Genl/2016-19 Dated – 14.03.2018
Department of Personnel & Training
Ministry of Personnel, Public Grievances & Pension
North Block, New Delhi – 110001
Sub: - Application of “Very Good” bench mark for grant of Financial upgradation under MACPS.
DOP&T vide OM No. 35034/3/2015-Estt (D) dated 28.09.2016 had clarified that with effect from 25.07.2016, for grant of financial upgradation under MACPS, the prescribed bench mark would be “Very Good” for all posts. It is also clarified that there is no question of allowing second opportunity of representation against APAR as these are already disclosed to the employees in APAR process.
Notwithstanding our demand for withdrawal of “Very Good” bench marking condition for MACPS, it is submitted as follows:
Since the earlier “Good” bench mark for MACPS was applicable upto 25.07.2016, the employee having “Good” grading in their APARs for the previous years before 25.07.2016 may not have had a reason to represent gradings given, as they met the then prescribed criteria of bench marking for MACPS. Now since the benchmark for MACPS has been raised to “Very Good”, there is justification to allow the employees having “Good” or below grading for a period of five years APAR grading immediately preceding the cut-off date ibid an opportunity to represent against the same.
Considering the above aspect, it is requested that employees who had been awarded “Good” or below grading in their previous five years APARs may be given an opportunity, as one time measure, to represent against the same.
In fact, Railway Board, Ministry of Railways had already granted such an opportunity to its employees as a one-time measure vide Railway Board letter No. E(NG)/1-2018/CR/2 dated 27.02.2018.
Awaiting favourable response.
& Member, Standing Committee
National Council JCM
Mob: 09447068125Email: firstname.lastname@example.org
Ref:Confdn/Genl/2016-19 Dated – 14.03.2018
Ministry of Finance
Department of Expenditure
North Block, New Delhi - 110001
Sub: - Grant of Tough Location Allowance to Central Govt. Employees of Darjeeling.
This is to bring to your kind notice that Hill Compensatory Allowance (HCA) was being paid till June 2017 to the employees of Darjeeling. Unfortunately HCA has been withdrawan from the month of July 2017 onwards after implementation of 7th CPC Allowance Committee report. However, the neighbouring state, Sikkim is still getting the Special Compensatory Allowance (SCA). It is worth mentioning that Darjeeling and Sikkim share same type of terrain, alongwith climatic conditions. It is further to mention here that the employees of some hill areas viz; Shimla in Himachal Pradesh, comparatively similar to Darjeeling Hills, are enjoying Tough Location Allowance (TLA). But the employees of Darjeeling are deprived of both the Tough Location Allowance (TLA) and Special Compensatory Allowance (SCA).
Darjeeling being the world famous tourist spot and the “Queen of Hills” is one of the expensive place to live in as all the basic commodities are to come from Siliguri, which is a ‘Y’ category city with 16% HRA. This has led the employees of Darjeeling being economically handicapped with the removal of Hill Compensatory Allowance.
In view of the above, I request you to review the orders withdrawing the Allowance already enjoyed by the employees of Darjeeling, and Consider grant of any kind of Special Duty Allowance/Tough Location Allowance/High Altitude Allowance as a special case, considering the geographical, climatical and economical hardship faced by the employees.
& Member, Standing Committee
National Council (JCM)
Mob: 09447168125Email: email@example.com