7th Pay Commission Revised Pay Rules 2016 – Fixation of pay in the revised pay structure

Ministry Finance Notification on Fixation of pay with illustration in 7th CPC – Revised Pay Rules, 2016

Department of Expenditure, Ministry of Finance has issued Notification on Fixation of pay with illustration in 7th CPC – Revised Pay Rules, 2016

MINISTRY OF FINANCE

(Department of Expenditure)

NOTIFICATION

New Delhi, the 25th July, 2016

Fixation of pay with illustration in 7th CPC – Revised Pay Rules, 2016:-

7. Fixation of pay in the revised pay structure.-

(1) The pay of a Government servant who elects, or is deemed to have elected under rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2016, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if such lien had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely:-

(A) in the case of all employees-

(i) the pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at will be located in that Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix.

Illustration:

(ii) if the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per sub-clause (i) above, the pay shall be fixed at minimum pay or the first Cell of that applicable Level.

(B) In the case of medical officers in respect of whom Non Practicing Allowance (NPA) is admissible, the pay in the revised pay structure shall be fixed in the following manner :

(i) the existing basic pay shall be multiplied by a factor of 2.57 and the figure so arrived at shall be added to by an amount equivalent to Dearness Allowance on the pre-revised Non-Practicing Allowance admissible as on 1st day of January, 2006. The figure so arrived at will be located in that Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix.

(ii) The pay so fixed under sub-clause (i) shall be added by the pre-revised Non Practicing Allowance admissible on the existing basic pay until further decision on the revised rates of Non Practicing Allowance.

Illustration:

 

(2) Where a post has been upgraded as a result of the recommendations of the Seventh Central Pay Commission as indicated in Part B or Part C of the Schedule, the existing basic pay will be arrived at by adding the Pay drawn by the concerned employee in the existing Pay Band plus the Grade Pay corresponding to the Level to which the post has been upgraded and, the fixation of pay shall be done in the manner prescribed in accordance with clause (A) of sub-rule (1).

Illustration:

(3) A Government servant who is on leave on the 1st day of January, 2016 and is entitled to leave salary shall be entitled to pay in the revised pay structure from 1st day of January, 2016 or the date of option for the revised pay structure.

(4) A government servant who is on study leave on the 1st day of January, 2016 shall be entitled to the pay in the revised pay structure from 1st day of January, 2016 or the date of option.

(5) A Government servant under suspension, shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.

(6) Where a Government servant holding a permanent post is officiating in a higher post on a regular basis and the pay structure applicable to these two posts are merged into one Level, the pay shall be fixed under sub-rule (1) with reference to the officiating post only and the pay so fixed shall be treated as substantive pay.

(7) Where the existing emoluments exceed the revised emoluments in the case of any Government servant, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

(8) Where in the fixation of pay under sub-rule (1), the pay of a Government servant, who, in the existing pay structure, was drawing immediately before the 1st day of January, 2016 more pay than another Government servant junior to him in the same cadre, gets fixed in the revised pay structure in a Cell lower than that of such junior, his pay shall be stepped up to the same Cell in the revised pay structure as that of the junior.

(9) Where a Government servant is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceed the revised emoluments, then the difference representing such excess shall be allowed to such Government servant as personal pay to be absorbed in future increase in pay.

10 (i) In cases where a senior Government servant promoted to a higher post before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of January, 2016, the pay of senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such stepping up shall be done with effect from the date of promotion of the junior Government servant subject to the fulfillment of the following conditions, namely:-

(a) both the junior and the senior Government servants belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay are identical;

(c) the senior Government servants at the time of promotion are drawing equal or more pay than the junior;

(d) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22 or any other rule or order regulating pay fixation on such promotion in the revised pay structure:
Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub- rule shall not be invoked to step up the pay of the senior officer.
(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.
(11) Subject to the provisions of rule 5, if the pay as fixed in the officiating post under sub-rule (1) is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.

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