Protection of pay in cases of deputation under Central Staffing Scheme in terms of Rule 12 of Central Civil Services (Revised Pay) Rules, 2016 (7th CPC)
F. No. 2/12/2016-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
North Block, New Delhi
Dated: 21st January, 2021
OFFICE MEMORANDUM
Subject: Protection of pay in cases of deputation under Central Staffing Scheme in terms of Rule 12 of Central Civil Services (Revised Pay) Rules, 2016 (7th CPC)-Regarding
The undersigned is directed to say that this Department has been receiving queries from various Ministries/ Departments regarding method of pay protection in terms of Rule 12 of Central Civil Services (Revised Pay) Rules, 2016 which is as under: –
’12. Pay protection to officers on Central deputation under Central Staffing Scheme – If the pay of the officers posted on deputation to the Central Government under Central Staffing Scheme, after fixation in the revised pay structure either under these rules or as per the instructions regulating such fixation of pay on the post to which they are appointed on deputation, happens to be lower than the pay these officers would have been entitled to, had they been in their parent cadre and would have drawn that pay but for the Central deputation, such difference in the pay shall be protected in the form of Personal Pay with effect from the date of notification of these rules.’
Rule 12 of Central Civil Services (Revised Pay) Rules, 2016 was subsequently amended vide Department of Expenditure Notification No.1-2/2016-IC dated 15th June 2017 which inter-alia provide that the aforesaid provision would take effect from 01.01.2016.
2. Pay protection of officers on deputation under Central Staffing Scheme after implementation of CCS (Revised Pay) Rules 2016 has been considered in consultation with Department of Expenditure and is elaborated in subsequent paras.
3. Pay Protection of officers who were already on deputation under Central Staffing Scheme on 01.01.2016 or who join deputation under Central Staffing Scheme on or after 01.01.2016
(a) Pay of such officers, as on 01.01.2016 [or a subsequent date from which they have opted to switch over to the CCS (Revised Pay) Rules, 2016] will be fixed in the Level of the post held by them on deputation under Central Staffing Scheme on the basis of the pay fixed in their parent cadre. The cell corresponding to the basic pay fixed in the parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under Central Staffing Scheme and pay shall be fixed at same stage/equivalent cell. If no such cell is available in the applicable Level of the ex-cadre post, the pay shall be fixed at the immediate lower cell in that Level of the ex-cadre post and the difference in pay will be granted as Personal Pay.
Illustration: –
If an officer holding the post in Level 15 in parent cadre and drawing pay of Rs. 2,05,100/- goes on deputation under Central Staffing Scheme in Level 14 on 04.05.2017, his pay will be fixed as under: –
| (a) | Existing Level in the parent cadre | Level 15 |
|---|---|---|
| (b) | Existing Pay in Level 15 as on 04.05.2017 in the parent cadre | Rs.2,05,100/- (Cell 5 of Level 15) |
| (c) | Pay fixed in Level 14 on Deputation under Central Staffing Scheme | Rs.1,99,600/- (Cell 12 of Level 14) Plus (Rs.5500/- Personal Pay) |
| (d) | On DNI in parent cadre: Pay in Level 15 in the Parent Cadre | Rs.2,11,300/- (Cell 6 of Level 15) |
| (d) | On DNI in parent cadre: Pay on Central Deputation in Level 14 | Rs.2,05,600/- (Cell 13 of Level 14) Plus (Rs.5700/- Personal Pay) |
(b) However, if an officer currently drawing pay up to Level 13 is appointed on deputation to a post in the equivalent or lower level on deputation under Central Staffing Scheme OR during the continuance of deputation under Central Staffing Scheme gets an upgradation in his parent cadre to a Level higher than pay Level of deputation post up to Level 13 of the Pay Matrix, his pay will be fixed at the same cell and Level in which he is placed in the parent cadre. He will also be eligible to draw the CDTA on the pay of Level of the post in parent cadre at the prevailing rates. For the active period of deputation from 1.1.2016 to 30.6.2017, CDTA will be admissible at the pre-revised rates in pre-revised pay structure, i.e. as if the pay had not been revised w.e.f. 1.1.2016. Provisions of this Department’s OM No.2/ 10/2017-Estt(Pay-II) dated 24th April, 2018 shall stand amended to this effect. For the active period of deputation from 1st July, 2017 onwards, CDTA will be admissible as per the guidelines in this Department’s OM No. 2/10/2017- Estt. Pay II dated 24th April, 2018.
Illustration :-
(i) If an officer holding the post in Level 13 in parent cadre and drawing pay of Rs. 1,26,800/- goes on deputation under Central. Staffing Scheme in Level 13 on 22.02.2017, his pay will be fixed as under :
| (a) | Existing Level in the parent cadre | Level 13 |
|---|---|---|
| (b) | Existing Pay in Level 13 as on 22.02.2017 in the parent cadre | Rs.1,26,800/- (Cell 2 of Level 13) |
| (c) | Pay fixed on appointment on deputation under Central Staffing Scheme | Rs.1,26,800/- (Cell 2 of Level 13) |
| (d) | On DNI in the Parent Cadre: Pay fixed on deputation under Central Staffing Scheme | Rs.1,30,600/- (Cell 3 of Level 13) |
(ii) If an officer holding the post in Level 13 in parent cadre and drawing pay of Rs. 1,26,800/- goes on deputation under Central Staffing Scheme in Level 12 on 22.02.2017, his pay will be fixed as under :-
| (a) | Existing Level in the parent cadre | Level 13 |
|---|---|---|
| (b) | Existing Pay in Cell 2 of Level 13 as on 22.02.2017 in the parent cadre | Rs.1,26,800/- (Cell 2 of Level 13) |
| (c) | Pay fixed on appointment on deputation under Central Staffing Scheme | Rs.1,26,800/- (Cell 2 of Level 13) |
| (d) | On DNI in the Parent Cadre: Pay fixed on deputation under Central Staffing Scheme | Rs.1,30,600/- (Cell 3 of Level 13) |
4. Protection/ Fixation of pay of officers who were on deputation under Central Staffing Scheme on 01.01.2016 or who joined deputation under Central Staffing Scheme on or after 01.01.2016 and got Proforma promotion in parent cadre:-
(a) In case the officer was on deputation under CSS on 01.01.2016 or joined thereafter and his junior is promoted to a higher post in his parent cadre on or after 01.01.2016 but was not granted proforma promotion under the ‘Next Below Rule’, there will be no change in the pay fixation already done as per extant rules.
(b) In case an officer on deputation to a post under Central Staffing Scheme gets proforma promotion in his cadre to a post-up to Level 13 in the Pay matrix, his pay in the Level of the post will be fixed with reference to the presumptive pay that he would have got had he remained and promoted in the parent cadre of his service in the manner as provided in para 3(b).
(c) In case an officer on deputation under Central Staffing Scheme gets promoted in his cadre to a higher post in Level 13A or above in the Pay matrix, his pay in the Level of the post held on deputation under Central Staffing Scheme will be fixed with reference to the presumptive pay of the officer in the parent cadre of his service. The Cell corresponding to such basic pay fixed in parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under Central Staffing Scheme, and pay shall be fixed at same stage/equivalent cell and if no such cell is available in the applicable Level, the pay shall be fixed at the immediate lower cell in that Level of the post and the difference in pay will be granted as Personal Pay. Illustrations may be seen below: –
Illustration
If an officer holding the post in Level 16 in parent cadre drawing pay of Rs.2,24,400/-, who is on deputation under Central Staffing Scheme in Level 15 and drawing pay Rs. 2,24,100/- + Rs.300/- (Personal pay) gets proforma promotion in Level 17, his pay will be fixed as under: –
| (a) | Pay level in the pay matrix in parent cadre before joining on deputation under Central Staffing Scheme | Level 16 |
|---|---|---|
| (b) | Pay level in the Central Staffing Scheme | Level 15 |
| (c) | Existing pay as on 01.05.2017 on Deputation under Central Staffing Scheme in Level 15 | Rs.2,24,100/- (Cell 8 of Level plus (Rs.300/- personal pay) (Corresponding to pay Rs.2,24,400/- of Level 16) |
| (d) | Pay fixed in the higher Level in parent cadre i.e. Level 17 on proforma promotion on 01.05.2017 | Rs.2,25,000/- |
| (e) | Pay fixed on deputation under Central Staffing Scheme as per Rule 12 of CCS (Revised Pay) Rules on 01.05.2017 | Rs.2,24,100/- (Cell 8 of Level 15) plus Rs.900/- (Personal Pay) |
| (f) | On DNI: Pay in the Parent Cadre in Level 17 | Rs.2,25,000/- |
| (g) | On DNI: Pay in the Level 15 on Deputation under Central Staffing Scheme | Rs.2,24,100/- (Cell 8 of Level 15) Plus Rs.900/- (Personal Pay) |
5. (a) The officer shall get Dearness Allowance on the said Personal Pay as admissible from time to time. However, no other allowance shall be admissible on this Personal Pay.
(b) The Basic Pay Plus Personal Pay, from time to time, shall not exceed Rs.2,25,000.
6. Grant of annual increment to officers on Deputation under Central Staffing Scheme
On grant of annual increment to an officer in parent cadre (upto Level 16) who is on deputation under Central Staffing Scheme, the pay will be fixed incrementally moving down one cell in the Level of pay in which the officer is serving on deputation under Central Staffing Scheme. Accordingly, the personal Pay, if any, will be re-computed as the difference in the pay (after increment) that he would have drawn in the parent and the current pay on deputation under Central Staffing Scheme.
7. This O.M.shall take effect from 01.01.2016
8. This issues with the concurrence of the Department of Expenditure
9. In their application to employees of Indian Audit and Accounts Department, these orders are issued after consultation with the comptroller and Auditor General of India as mandated under Article 148 (5) of the Constitution.
10. Hindi version will follow.
(Murali Bhavaraju)
Deputy Secretary to the Government of India