Lok Sabha Question No. 1227 (UNSTARRED), answered on 2020-02-10
Subject: Pay Fixation Method
Ministry: FINANCE
Asked by: Kaushal Kishore

## GOVERNMENT OF INDIA MINISTRY OF FINANCE

## LOK SABHA

## UNSTARRED QUESTION NO. 1227 TO BE ANSWERED ON MONDAY, FEBRUARY 10, 2020 MAGHA 21 1941 (SAKA)

## 1227: SHRI KAUSHAL KISHORE

## PAY FIXATION METHOD

Will the Minister of Finance be pleased to state:

- (a) whether the pay-fixation method for regular promotion and MACP from 4200 Grade to 4600 are done in same manner for the Central Government employees in departments following 6th Central Commission (CPC) and ifnot;  the comments of the Ministry thereon; Pay Pay Pay
- (b) the details of the Rule 11 of the Central Civil Service (Revised Pay) Rule, 2008;
- (c ) whether the Hon'ble Supreme Court has ordered for pay-fixation in MACP case from 4200 Grade to 4600 Grade to a minimum of Rs.18460/under Rule 11 of the Central Civil Service (Revised Pay) Rule, 2008 in Appeal No 3052/2019 in case of Union of India ad others in their judgment dated 14.03.2019 and if so, the details thereof and the Government reaction thereto; Pay Pay
- (d) whether the employees with similarlidentical cases could uselrely o the said order for applying for their pay- fixation Or have to separately undergo the same strenuous ad unnecessary lengthy litigation process ad if so, the details thereof; and they
- (e) whether a general order is necessary or the copy of the above order after will be sufficient enough for seeking pay-fixation   for employee having similarlidentical cases and if not; the time by which the general orders will be brought by the Ministry for guiding the concerned Departments in this regard?

## ANSWER

## MINISTER OF STATE FOR FINANCE SHRI ANURAG SINGH THAKUR )

- (a) of pay in the case of promotion from one Grade to another Grade is required to be done by granting one increment equal to 3% of the sum of the in the Band and the existing Grade of the particular This be added to the existing in the Band. The Grade corresponding to the promotion will thereafter be granted in addition to this in the Band, Pay Pay Pay Pay Pay will post Pay Pay post Pay Pay Pay

No separate method of fixation has been prescribed under MACP scheme. The benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under MACP scheme. Therefore, the pay shall be raised by 3% of total in the Band and Grade drawn before such upgradation. There shall; however; be no further fixation of pay at the time of regular promotion if it is in the same Grade as granted under MACP scheme. However; at the time of actual promotion if it happens to be in a carrying higher Grade than what is available under MACP scheme, no pay fixation would be available ad oly difference of Grade would be made available: Further; in case of promotion to a higher Grade other than what has been given under MACP, the employee shall have the option to draw the difference of Grade Pays from the date of such regular promotionlgrant of Non-Functional Scale or the date of accrual of next increment in the pay allowed under MACP . Pay Pay Pay Pay Pay post Pay Pay

- (b) The Rule 11 of CCS (RP) Rules; 2008 provides that where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later than 1st of January, 2006, his from the later date in the revised pay structure shall be fixed in the following manner: day Pay

in the Band will be fixed by adding the Basic applicable on that date and the pre-revised Dearness Allowance based on rates applicable as on 01.01.2006. This figure will be rounded off to the next multiple of 10 and will then become the in the applicable Band. In addition to this, the Grade corresponding to the pre-revised pay scale will be payable. Where the Govemment servant is in receipt of pay or non-practicing allowance , the pay and dearness pay to be taken in to account will be the basic pay ad dearness pay applicable as o that date but dearness allowance will be calculated as per rates applicable on 1.1.2006. Pay Pay Pay Pay Pay Pay Pay special

- (c ) sir, Hon'ble Supreme Court has directed to fix the pay in terms of Rule 11 of CCS (RP) Rules 2008. No,
- (d) The claims of the employees for fixation of pay in revised pay structure are to be addressed by the concerned Ministries/ Departments strictly in terms of CCS (RP) Rules 2008 in consultation with Ministry of Finance/Department of Expenditure wherever required;
- (e) Hon'ble Supreme Court judgment dated 14.03.2019 in Civil Appeal No. 3052/2019 in the case of Union of India and others vs Raj Kumar Anand and others is specific to pay fixation matter of Shri Raj Kumar Anand and others and is in consonance with CCS(RP) Rules, 2008. Therefore , no general order Office Memorandum is required to be issued by this Ministry/Department;