Fixation of pay under restructuring of cadre of Artisan staff in Def. Establishment in modification of recommendation of 6 CPC

Sl.No.

Doubt

This office Views

1.

A Semi Skilled IE (Grade Pay: Rs.1800/-) has got promotion to Skilled grade (Grade Pay:Rs.1900/-) after passing trade test and before pay fixation is made on the date of increment got another promotion to Highly Skilled-II grade (Grade Pay: Rs.2400/-) due to cadre restructuring during February to June in calendar year. Whether he may be allowed two promotional benefit @ 3% in each promotion and one annual increment @3% on July of that year based on the option exercised by him? 

Example: A Semi-Skilled IE got promotion 25th February, 2006. He has got another promotion to HS-II grade on 26 February, 2006 due to cadre restructuring. How his pay will be fixed?

In the light of C&AG decision No.4 below FR22 on regulation of pay in cases of two promotions in quick succession, pay fixation on 2nd promotion from Skilled to HS-II grade cannot be done unless his pay is fixed in the skilled grade. Hence, his pay is to be fixed in the post of skilled grade on the date of 1st promotion first and then he may be allowed 2nd promotion to the HS-II grade straight way by granting 3% increment on Band Pay and Grade Pay, so fixed after 1st promotion. The next date of increment cannot be made available on 1st July of that year due to non-completion of 6 months service in the 2nd promoted post in terms of Rule 10 of CDS(RP) Rules, 2008. 

In such cases his pay will be fixed to the Skilled grade on 25/02/2006 straightway, then his pay will be fixed on 26/02/2006 to the HS-II grade by granting 3% increment on the pay (Band Pay – Grade Pay) of the Skilled grade and placed in the grade pay of Rs. 2400/-. The next date of increment cannot be made available on 01/07/2006 due to non-completion of 6 months service in the promoted post and his date of next increment would be on 01/07/2007.

2.

An IE has got one promotion and one non-functional upgradation under ACP Scheme during February to June in a calendar year. His pay has been fixed on the date of first promotion as per 6th CPC promotional norms. Further, he has been allowed for exercising option for fixation of pay on ACP upgradation from the date of increment on 1st July of that year. 

Whether he may be allowed one promotional benefit@ 3% and one annual increment @3% on 1st July in the particular year based on his option so exercised?

If he opts to fix his pay on the date of increment and got ACP benefit before final fixation of pay on the date of increment on account of his 1st promotion in that case his pay on ACP upgradation is to be fixed based on the pay admissible on that date without waiting for fixation on incremental date. It means that he is not entitled to re-fixation of pay for the 1st promotion from the date of next increment as per aforesaid C&AG order. 

On the other hand if his pay is fixed straightway on the date of 1st promotion in that case there would be no increment in that year as on the date of increment i.e. 1st July he will not be completing 6 months service in the promotional post and hence the benefit of upgradation under ACP scheme is to be provided on the date of ACP upgradation straight way by granting 3% increment and grade pay of promotional post. The next date of increment cannot be made available on 1st July of that year due to non-completion of 6 months service in the promoted post in terms of Rule 10 of CDS(RP) Rules, 2008.

3.

Whether a newly appointed IE to a post on or after 01/01/2006, may be allowed to exercise option to continue his 5th CPC pay scale upto date of promotion in terms of Rule 5 of CDS (RP) Rules, 2008, consequence on his promotion?

In this connection it is stated that the option in terms of 2nd Proviso of Rule 5 of CDS (RP) Rules, 2008 is not admissible to any person who have been appointed to a post on or after 01/01/2006 as per explanation-2 below Rule 5 of CDS(RP)Rules 2008. He may only be allowed promotional benefit as per 6th CPC promotional norms.