Court orders against DOPPW Govt. of India Instructions on service mattersNo.38/70/14-P&PW(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and P.W
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi.
Dated the 7th October, 2015
Office Memorandum
Sub:- Court Orders against DoP&PW Government of
India Instructions on service matters - Consultation with Ministry of
Law and DoP&PW on the question of filing appeals before
implementation of Court’s orders.
The undersigned is directed to say that it has come to the notice of
this Department that in some cases where the Courts have passed orders
against the Government of India, the administrative Ministry/Department
has not consulted this Department on the question of filing appeal
against such orders, before implementation of such orders.
2. Instructions have been issued from time to time that whenever there
is any Court order against the Government of India instructions on
service matters, the administrative Ministry/ Department/Office. shall
consult the Department of Legal Affairs, Department of Personnel &
Trg. and the Department of Pension & Pensioners’ Welfare on the
question of filing appeal against such an order before the time limit,
if any, prescribed in such order or before the time limit for filing
appeal under the rules.
3. It is therefore, reiterated that in all cases where any policy issue relating to pension matters is involved, the Department of Pension
& PW should invariably be consulted before taking a decision on the
question of implementation or otherwise. of any order of a Court. No
such order shall be implemented by the concerned Departments/Ministries
without first referring the matter to this Department for advice.
4. In order to avoid any delay in processing of such matters,
administrative Ministry/Department can consult this Department for any
advice by personally visiting to this Department from 11:00 AM. to 1:00
PM. on every Wednesday.
(Harjit Singh)
Deputy Secretary
Fixation of pay on promotion of
pre-revised merged pay scales between 1.1.2006 and date of notification
of CCS(RP)Rules 2008 – Clarification orders issued by Finance Ministry
on 16.102.015
Cases of promotion taking place in the
pre-revised pay structure between 1.1.2006 and the date of notification
of CCS (RP) Rules, 2008 and the subsequent merger of the pre-revised pay
scales of the promotional and the feeder posts in a common Grade –
Fixation of Pay – Regarding
No.F-2-1/2015-E.III (A)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 16th October, 2015
Office Memorandum
Subject: Cases of promotion taking place
in the pre-revised pay structure between 1.12006 and the date of
notification of CCS(RP) Rules ,2008 and the subsequent merger of the
pre-revised pay scales of the promotional and the feeder posts in a
common Grade- fixation of Regarding.
The undersigned is directed to Say that
consequent upon coming into force of the CCS(RP) Rules, 2008, which were
notified on 298.2008 but are effective from 1.1.2006, fixation of pay
on promotion on or after 1.1,2006 is carried out as per Rule 13 thereof.
This Rule is invoked only in cases of promotion frotn one Grade pay to
another in the revised pay structure.
2. In terms of Section I of Part-A of
the First Schedule of the CCS(RP) Rules, 2008, which provides for
revised pay structure in the form of applicable pay Bands and Grades pay
corresponding to various pre-revised pay Scales, certain pre-revised
pay Scales have been merged in a common Grade pay in the revised pay
structure w.e.f. 1.1.2006, In view of this, the posts in those
pre-revised pay scales which have been merged in a common Grade pay
w.e.f. 1,1.2006, are normally required to be merged even if these posts
constituted feeder and promotional grades in the pre-revised pay
structure.
3. However, in cases where such merger
of feeder and promotional posts in the wake of their come to lie in the
Same grade pay has not taken place due to administrative reasons and the
posts continue to retain their promotional and feeder character as per
the relevant Recruitment Rules, this Ministry issued instructions vide
OM 10/2/2011-E.III A dated 7.1.2013 providing for fixation of pay on
promotion in such cases under Rule 13 of CCS (RP) Rules, 2008 subject to
the conditions laid down therein.
4. Now, instances have been brought to
the notice of this Ministry where the feeder and promotional posts have
been merged in view of the merger of the pre- revised pay scales
applicable to the erstwhile feeder and promotional posts in a common
grade/post after the promulgation of CCS(RP) Rules), 2008, due to which
the character of posts being promotional and feeder grades as existing
during the period from 1.12006 to the date of notification of CCS(RP)
Rules, 2008 stood rescinded with retrospective effect from 1.12006 and,
consequently, a question has been raised as to whether Rule 13 of
CCS(RP) Rules, 2008 may apply for fixation of pay on promotion taking
place during the period between 1.1.2006 and the date of notification of
the said Rules, when the fixation of pay was actually done as
applicable in the event Of promotion in the pre-revised Structure.
5. The matter has been considered in the
light of the provisions contained in the OM No. 20020/4/2010-Estt.D
dt.13.9.2012 issued by the Department of Personnel & Training, which
has been issued in the context of the posts/grades merged in pursuance
Of the recommendations of the 6th Central pay Commission. This OM
provides, inter-alia, that the Status of a government servant as on
29.8.2008 including those who have earned promotion between 1.12006 and
29.09.2008 will be protected as appointment/promotions are made as per
the provisions of the recruitment rules applicable to the post/grade.
6. Accordingly, it has been decided that
in cases where promotion took place in the pre-revised pay structure
during the period between 1.12006 and the date of notification of
CCS(RP) Rules, 2008 when the pre-revised and revised pay scales were
different and the posts carried the character of feeder and promotional
grades, pay fixation on such promotion Shall be allowed under Rule 13 of
the CCS(RP) Rules, 2008, subject to the following conditions:-
(i) The promotion had taken place
between 1.1.2006 and the date of notification Of CCS(RP) Rules, 2008 as
per the Recruitment Rules then
in vogue, which clearly provided for such posts being promotional grade
for the feeder grade from where the promotion took place and where the
posts were subsequently merged in a single post/grade consequent upon
promulgation of the CCS(RP) Rules, 2008.
(ii) FR. 22 (r) I), which was applicable
for fixation Of pay on promotion before promulgation of CCS(RP) Rules,
2008, was invoked for fixation
of pay in these cases in the pre-revised structure during the period
between 1.1.2006 and the date of notification of the CCS(RP) Rules 2008.
(iii) The concerned employees had opted
to come over to the revised pay structure from a date occurring prior to
the date Of notification of CCS(RP) Rules, 2008.
(iv) The concerned Recruitment Rules
have been amended subsequently to provide for merger of these grades
into a single grade/post.
7. This order applies only in case of
promotions carried out in the pre-revised structure durirg 1.1.2006 and
the date of notification of CCS(RP) Rules, 2008. Thus, the benefit of
Rule 13 of CCS(RP) Rules, 2008 would not apply in Cases of appointment
to the post which was in the higher pay scale in the pre-revised pay
structure, where such appointment is made after the date of notification
of CCS(RP) Rules, 2008.
8. In its application to the employees
serving under the Indian Audit and Accounts Department, this order
issues with the concurrence Of the office Of CMG.
