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.
No. 8-23/2017-E.III A Government of India
Ministry of Finance Deportment of Expenditure North Block, New Delhi 28’
September, 2018
Office
Memorandum
The
undersigned is directed to invite the attention to the provisions contained in
Section-2 of Port ‘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 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 cages 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
1.1.2006.
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.
4.
Trained Graduate Teachers (TOTs) of the Government of National Capital Territories
of Delhi (GNCTD) filed an OA 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 TOT 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 an or after
1.1.2006.
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 dale 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 available4only 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.
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 OA No. 3217/2014. As mentioned above, the petitioners in that case were
those who were appointed as TGT before 1.1.2006 and also promoted as TGT on or
after 1.1.2006, 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’be 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 It 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,
net covered under the ratio of the case of TGT.
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 then 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.
Sd/-
(Amer Nath Singh)
Director
