FAQ on exercise of option to come over to 7th CPC
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi, dated: 04.09.2020
The General Managers
All Indian Railways and Production Units
(As per standard mailing list)
Sub: – FAQ on exercise of option to come over to 7th CPC under Rule 5 & 6 of RS(RP) Rules, 2016-reg
Clarification on exercise of option to come over to revised pay structure has been given to all Railways vide Board’s letter Nos. PC-VII/2018/RSRP/1 dated 10.07.2019 & dated 23.07.2019 and specific policy clarification in respect of officials placed in a higher grade pay or scale between 1st day of January, 2016 and 30.06.2016 on account of promotion or upgradation has also been given to WCR and CR vide letter No.PC-VII/2017/RSRP/1(Pt.) dated 25.11.2019. Subsequent to issue of these letters, doubts have been raised particularly by the officials of WCR and CR claiming that illustration enclosed with Board’s letter dated 10.07.2019 does not cover the case when employee is promoted/upgraded between 01.01.2016 and 30.06.2016 and elect to 7th Pay Commission with effect from Date of Next Increment (01.07.2016) as per Rule 5 of RS(RP) Rules, 2016 and as per the format of option specified in the Pay Commission Report.
2. With respect to above, it is advised that clarifications as mentioned above are explicit, self-explanatory and strictly in consonance with RS(RP) Rules, 2016 and as per clarification issued by Ministry of Finance to various Ministries, nevertheless, an FAQ on exercise of option for switching over to revised pay structure is enclosed as Annexure-I.
3. If any option has been allowed contrary to above guidelines, the same shall be rectified and recoveries if any may also be made.
4. This issues with the concurrence of Associate Finance (Railway Board) and approval of Competent Authority.
End. As above.
(Jaya Kumar G )
Dy.Director, Pay Commission-VII
FAQ: Exercise of option to switch over to 7th CPC pay structure under Rule-5 & 6 of Railway Services (Revised Pay) Rules,2016
|1||A Railway Servant has been placed in a higher Grade Pay or Scale between 1st day of January, 2016 and 30-06-2016 on account of promotion or upgradation. Can he elect to switch over to 7th CPC pay structure from date of next increment (in lower grade) i.e. 01-07-2016 after availing benefit annual increment in lower grade (in pre-revised pay structure) and promotional pay fixation in pre-revised pay structure||No||Option to switch over to the revised pay structure either on 01-01-2016 or from a later date than 01-01-2016 i.e. on the date of promotion or the date of next increment, is applicable under Rule 5 in case of post held on 01-01-2016. Thus if the date of next increment on 01-07-2016 falls after the date of promotion, then the date of next increment for the post held on 01-01-2016 has no relevance for option. as this post is no longer held on 01-07-2016 to switch over to the revised pay structure.
Hence, illustration 1(a) annexed with Board’s letter no.PC-VII/2018/RSRP/1 dated 10-07-2019 is in conconance with RS(RP) Rules,2016
|2||A Railway servant has been placed in a higher Grade Pay or Scale on a date after notification of RS(RP) Rules,2016 (i.e. 28-07-2016) on account of promotion or upgradation. Can he elect to switch over to 7th CPC from such date of promotion/upgradation materialized after the date of notification of RS(RP)Rules,2016.||No||Option for fixation of pay in the revised pay structure after the date of notification of RS(RP) Rules,2016 can not be exercised as Rule 5 of the said Rules provides option only for promotion taking place up to 28.07.2016 (date of notification of the said Rules).|
|3||A Railway Servant has been placed in a higher Grade Pay or Scale between 01-01-2016 and dated of notification of Rs(RP) Rules,2016 on account of promotion or upgradation. Can he opt for pay fixation from date of such promotion/upgradation.||Yes||Rule 5 of RS(RP) Rules,2016 stipulates 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, the Railway servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be. Date of Next Increment in such cases will be governed under RS(RP) Rules,2016.
Pivotal aspects of this Rule are given in Explanation-I & Explanation-II which are as under:
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.
Board’s letter No.PC-VII/2018/RSRP/1 dated 10-07-2019 which contains guidelines on opportunity for revision of option to come over to revised pay structure and pay fixation illustrations in various circumstance is enclosed as Annexure-II.
# Note: The time period for exercise of option must strictly be in terms of Rule 6 of Rs(RP) Rules, 2016 and further guidelines issued in this regard.