Clarification regarding irregular fixation of pay of Running Staff promoted on or after 01-01-2006
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.PCVI/2018/RU/NFIR/1
New Delhi,dated:28-08-2018
General Manager,
Western Railway
Mumbai
General Manager
North Western Railway
Jaipur
{Attention: (i) Sh.Rajiv Ranjan Prasad, PCPO/NWR
(ii) Sh. Sanjay Suri, PCPO/WR}
Sub: Clarification regarding irregular fixation of pay of Running Staff promoted on or after 01-01-2006
Ref: i) NFIR’s letter No.IV/RSAC/Conf./PartIX dated 23-07-2018
ii) Rajkot/Jodhpur Diviion’s letter dated 12.01.2018 /29/062018 respectively.
iii) Board’s letter No.PCVI/2017/CPGRAMS/1 dated 17/08/2018 addressed to GM/WR regarding irregular pay fixation of running staff in Rajkot Division (Copy annexed)
This office is in receipt of NFIR’s letter dated 23-07-2018 (Copy enclosed) wherein it has stated that there has been discrepancy in fixation of pay of running staff promoted on or after 01-01-2006 in Rajkot/Jodhpur division under Western Railway/North Western Railway respectively. In support of this, they have relied upon Rajkot/Jodhpur division’s letter dated 12.01.2018/29.06.2018 respectively (copy enclosed)
2. Prima facie observation of the concerned Division’s letter indicated there exists some confusion in the methodology of pay fixation of running staff promoted on or after 01-01-2006 As the Railways are aware, the pay fixation of existing staff, already in service on the date of effect of RS(RP) Rules,2008 viz. 01-01-2006, in the revised pay structure is governed by Rule 7 of above rules notified vide Gazette Notification No.GSR 643 (E) dated 04-09-2008 (RBE No.103/2008) for the above purpose, fitment tables were issued vide Board’s letter No.PCVI/2008/I/RSRP/1 dated 11-09-2008 (RBE No.108/2008) which are applicable to non-running Staff. Since existing Running Staff (already in service as on 01-01-2006) was in receipt of Dearness Allowance on pay Element, separate fixation tables were issued for fixation of their pay in revised pay structure in terms of Rule 7 of RS(RP) Rules,2008 vide issued for fixation of their pay in revised pay structure in terms of Rule 7 of RS(RP) Rules,2008 vide Board’s letter NO.PCVI/2008/I/RSRP/1 dated 12-09-2008 (RBE No.109/2008). As prescribed in Rule 7 of Rs(RP) Rules,2008, if fixation of pay as per Rule 7(1)(A)(i) is short of minimum of applicable revised pay band (viz minimum of PB-1 to PB-4 as applicable to the employee) or pay scale (applicable to HAG & higher grades) such minimum would be allowed as laid down in Rule 7(1)(A)(ii), The provisions of Rule 7(1)(A)(ii) have already been taken care of while issuing fitment tables vide Board’s letter dated 11-09-2008 & 12-09-2008. The fitment tables are also applicable in the cases where an existing employee (already in service as on 01-01-2006 opts to have his pay fixation from a date later than 01-01-2006 in terms of Rule 5,6 & 11 of RS(RP) Rules, 2008 as clarified vide Clarification No.3 of Board’s letter No.PCVI/2008/I/RSRP/1 dated 25-09-2008 (RBE No.132/2008)
There is no prescribed minimum, other than minimum of the applicable pay band, in the case of those promoted on or after 01-01-2006, where an employee is fixed in any of the applicable pay bands. The minimum pay in pay band as prescribed in First Schedule Part a, section II of RS(RP)Rules,2008 and corresponding stipulation in first schedules annexed with Board’s letter dated 11-09-2008 (RBE No.108/2008) is applicable only for direct recruits appointed on or after 01-01-2006 belonging to Running as well as non running categories. The position has been clarified in detail in Board’s letter No.PCVI/2010/I/RSRP/1 dated 17-02-2010 (RBE No.28/2010). As such once the pay of any existing employee (already in service as on 01-01-2006) is fixed in revised pay structure in the applicable pay band as per the provisions of Rule 7 of 11 and he is subsequently promoted to a psot in same or other pay band, his fixation has to be made as per Rule 13. Even at this stage, the minimum of applicable pay band (PB-1 to PB-4) or scale (HAG or above) as applicable is to be ensured.
3. In view of this, it is requested that the Rajkot/Jodhpur Division’s letters dated 12.01.2018/29.06.2018 respectively be examined in light of relevant instructions and the necessary corrective action taken and thereafter the position be advised to this office. Further, if any specific point of doubt arises, the same may be referred to this office for clarification along with the views of PFA of the Railways.
(S.Balachandra Iyer)
Executive Director/Pay commission-II
Railway Board