Railway Services(Revised Pay) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure
Dated: August 14, 2019
Sub: Railway Services(Revised Pay) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure.
(i) Railway Board’s letter No.PC-VII/2018/RSRP/1 dated 10.07.2019
(ii) Railway Board’s letter No.PC-VII/2018/RSRP/1 dated 17/12/2018(RBE No.197/2018)
Railway Board vide their letter ibid dated 10/07/2019 have clarified that, option for switching over to 7th CPC with respect to promotions up to 28/07/2016 (date of notification of RS(RP) Rules, 2016) valid only, and option for switching over to 7th CPC cannot be exercised with respect to promotions after the said date. However, in Para 2 of the said letter it was mentioned that the matter in this respect has been referred to Ministry of Finance, seeking clarification on the issue, to which their response is still awaited, therefore, necessity of the clarification is uncalled for. Moreover, clarification is contrary to earlier clarification issued by the Railway Board vide their letter No.PC-VII/2016/I/6/2 dated 15/06/2018.
While issuing clarification, Railway Board perhaps not gone through the provision of Rule 5 of the RS(RP) Rules, 2016, which reads as under:-
“Drawal of pay in the revised pay structure – Save as otherwise provided in these rules, a Railway Servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed:
Provided that, a Railway Servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure:
Provided further that, in cases where a Railway Servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these Rules on account of promotion or upgradation, Railway Servant may elect to switch over to revised pay structure from the date of such promotion or upgradation, as the case may be.
Explanation 1 – The option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.
Explanation 2 – The aforesaid option shall not be admissible to any person appointed to a post for the first time in Railway Service or by transfer from another post on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.
Explanation 3 – Where a Railway Servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that Pay Structure under Rule 1313 (FR 22) of Indian Railway Establishment Code, Volume II, or under any other rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.
Above provisions are open and allowed the employee to switch over to 7th CPC pay structure from the date of promotion even metalized after 28.07.2016. Clarification given by the Railway Board, vide their letter dated 10.07.2019, was perhaps based on the provisions for exercising option under 6th CPC.
It is needless to mention here that, one cannot compare provisions of the 6th CPC with the 7th CPC.
RS(RP) Rules, 2008 for fixation of pay in 6th CPC were notified under RBE No.103/2008 on 04.09.2018, i.e. after 30 months from the date of implementation of 6th CPC. Normally, switching over to new CPC is beneficial within two years from the date of its implementation, so, almost all the cases of exercising option had been covered up to the date of notification of these rules. Here, in case of 7th CPC, RS(RP) Rules, 2016 were notified on 28.07.2016, i.e. after less than 7 months of its implementation date, therefore, denial of benefit of switching over to new CPC from the date of promotions metalized after 28.07.2016, is quite unjustified. It is further stated that, restructuring orders of Technicians were given effect from 01.09.2016 and the employees promoted under these orders are not being allowed even though it falls during the time limit period for exercising option initially. In other words, option to switch over 6th CPC was available up to 30 months from the date of its implementation, while in case of 7th CPC it is not even for 7 months.
In view of the foregoing, Board are requested to pend their letter supra dated 10/07/2019, as it has serious repercussions and resulted in reduction in the pay of the employees and recoveries are being made at a large-scale.
An early action in the matter shall be highly appreciated.
(Shiva Gopal Mishra)