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Thursday, January 19, 2017

7th Pay Commission's recommendations- revision of pay scales - amendment of service Rules/Recruitment Rules


7th Pay Commission's recommendations- revision of pay scales - amendment of service Rules/Recruitment Rules.

F.No.AB-14017/13/2016-Estt.(RR) 
Government of India 
Ministry of Personnel, Public Grievances and Pensions 
Department of Personnel and Training 
Estt.-RR Division

North Block, New Delhi Dated:18th January 2017

OFFICE MEMORANDUM

Sub: Seventh Central Pay Commission's recommendations — revision of pay scales —amendment of Service Rules/Recruitment Rules.

The undersigned is directed to refer to this Department's OM of even number dated 9th August, 2016 regarding amendment of Service Rules/Recruitment Rules by replacing the existing Pay Band and Grade Pay with the corresponding Level in the Pay Matrix in the revised pay structure recommended by the Seventh CPC and notified in the CCS(Revised Pay) Rules, 2016.

2. Subsequently, this Department held meetings in October/November, 2016 with the administrativeMinistries/Departments to review the progress in the implementation of the OM. An important suggestion made in the meetings was with respect to facilitating the process of consultation with the Legislative Department for drafting notification for amendment of RRs in accordance with OM dated 9th August, 2016 and its Hindi translation so as to expedite the issue of notification. In this regard, this Department in consultation with Legislative Department has prepared a model notification in English and Hindi for use of the Administrative Ministries/Departments. These are annexed at Annexure I and Annexure II.

3. Another issue which came up in the meeting is with respect to retention of standard Note under Co1.11 incorporated in the Schedule of the RRs regarding the regulation of service rendered prior to implementation of 6th CPC, in those cases where the issue of upgradation/merger of the posts were involved. The relevant Note reads as follows:

"Note: For the purpose of computing minimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to 1.1.2006/the date from which the revised pay structure based on the 6th CPC recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay/pay scale extended based on the recommendations of the Commission."

And/or

"Note: For purposes of appointment on deputation/ absorption basis, the service rendered on a regular basis by an officer prior to 1.1.2006/the date from which the revised pay structure based on the 6th CPC recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay/pay scale extended based on the recommendations of the Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay/pay scale, and where this benefit will extend only for the post(s) for which that grade pay/pay scale is the normal replacement grade without any upgradation."

4. After the implementation of 7 th CPC, there are only a few cases of merger/upgradation of pay scale. It has been decided in consultation with UPSC that in cases where merger/ upgradation of pay are not involved in the recommendations of the 7 thCPC, the Note as referred above is not to be prescribed in the RRs/SRs. The guidelines in this regard have also been separately issued. The model notification includes a provision for deletion of the Note.

5. The Ministries/Departments are requested to finalise draft notification for amendment of the SRs/RRs in line with the model notification and thereafter, refer the same to the Legislative Department for vetting. The Legislative Department may dispose of references received from the Ministries/Departments within two weeks. Any amendment which is beyond the scope of the model rules will be finalized in usual process i.e. consultation with DoPT, UPSC and Legislative Department.

6. This Department is monitoring the implementation of the OM dated 09.08.2016. All Ministries / Departments are therefore requested to furnish information as per Annexure-III at the earliest.

Encl.: As above
(Jayanthi G.) Director (E.I)

Annexure-III

Subject: Status regarding amendment of Recruitment Rules in pursuance of OM dated 09.08.2016


Sl.No
Post/Designation
Whether RRs notification issued for amendment of RRs as per DoPT OM dated 09.08.2016. (Yes/No)
If answer is no, current status to be indicated. (Pending in the Ministry/Legislative Department/Any other Reason)









[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i)]

Government of India 
Ministry of ....... (Department of .... )

New Delhi, dated the ....,2017
Notification

G.S.R In exercise of the powers conferred by the proviso to article 309 of the Constitution,the President hereby makes the following rules to amend/ further to amend"the (short title of the principal rules with year, as it appears in the Gazette notification), namely:-

In case of first amendment to the principal rules, use the words "to amend" and in case of second or subsequent amendments, use the words "further to amend".

1. (1) These rules may be called the ...... (the portion of the name of the principal rules occurring before the word "Recruitment", followed by the words "Recruitment (Amendment) Rules, 2016 *.
* the year shall be the year of amendment.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. For rule 2 * of the........... (short title of the principal rules with year, as it appears in the Gazette notification), the following rule shall be substituted, namely:-

"2. Number of posts, classification and Level in Pay Matrix.— The number of said post(s), its (their) classification and the Level in the Pay Matrix attached thereto, shall be as specified in columns (2) to (4) of the Schedule annexed to these rules"."

*Rule 2 relates to "Number of posts, classification and Pay Band and Grade Pay or Pay Scale". In some rules where number of posts is more than one, this rule could be numbered as rule 3. Please quote the correct rule number as in the principal rules.

* • in case the underlined words are differently worded in the principal rules, the same words. may be used in place of the underlined words.

3. ** In the Schedule to the (short title of the principal rules with year, as it appears in the Gazette notification),—

(a) in column (4), for the column heading and the entries relating thereto, the following column heading and entries shall be substituted, namely:—

“Level in Pay Matrix
(4)
Level -----
(Rs.----------)”;

' In case the underlined words occur only once in that column, then exactly as above;(b) in column (11), for thewords, brackets and figures "Pay Band --- ( Rs. ) plus (and) Grade Pay of Rs. ", *5 the words "Level----(Rs.----) in the Pay Matrix" shall be substituted.

in case the underlined words occur twice in that column, then the words "at both the places they occur," may be inserted at the place marked 5 ;

in case the underlined words occur more than two times, then the words "wherever they occur," may be inserted at the place marked 5.


** In case where the principal rules contain two posts or more, then, rule 3 shall be formulated as under:-

3. In the Schedule to the ...... (short title of the principal rules with year, as it appears in the Gazette notification),—

(a) against serial number 1, relating to the post of ......,-

(i) in column (4), for the column heading and the entries relating thereto, the following column heading and entries shall be substituted, namely:—

“Level in Pay Matrix
(4)
Level -----
(Rs.----------)”;

(ii) in column (11), for the words, brackets and figures "Pay Band --- ( Rs. ) plus (and) Grade Pay of Rs. ", *5 the words "Level----(Rs.----) in the Pay Matrix" shall be substituted;

(b) against serial number 2, relating to the post of------,-

(i) in column (4),------------ (as above); (ii) in column (11), (as above)";

(c) against serial number 3, relating to the post of .........

Please note that the amendments in columns (4) and (11) are to be repeated for each of the posts as shown above]

[F.No. (Name and designation of the Authorised Signatory

Footnote.—The principal rules were published vide notification number G.S.R. , dated the -- in the Gazette of India, Part II, Section 3,Sub-section (i) dated ---- .

# The above footnote is used when the the principal rules are being amended for the first time.
In case of second amendment to the principal rules, footnote shall be as under—

"The principal rules were published vide notification number G.S.R. , dated the ---- in the Gazette of India, Part II, Section 3, Sub-section (i) dated ---- and was subsequently amended vide notification number G.S.R. , dated the ----."

In case of subsequent amendments to the principal rules, footnote shall be as under—

"The principal rules were published vide notification number G.S.R. , dated the ---- in the Gazette of India, Part II, Section 3, Sub-section (i) dated ---- and was subsequently amended vide notifications number G.S.R. , dated the ----, G.S.R. , dated the ----, number G.S.R. , dated the ----." (mention all amendments)

In case of large number of amendments, instead of mentioning G.S.R. number and dates of all amendments, the following formulation may be used—

"The principal rules were published vide notification number G.S.R. , dated the ---- in the Gazette of India, Part II, Section 3, Sub-section (i) dated ---- and was last amended vide notification number G.S.R. , dated the ." (mention only the last amendment).


Please note that in case where the principal rules are to be superseded and fresh rules are to be made, or where the rules are to be made for the first time, the Legislative Department shall be consulted.

** in case where theprincipal rules contained note under the subheading 'Promotion' or sub-heading 'Deputation' or both as the case may be, then, rule (c) and (d) under rule 3, as may be relevant shall be formulated as under:-

(c) the following note as per Sixth Central Pay Commission recommendations below Column(11) under sub-heading 'Promotion' may be omitted:-

"Note: For the purpose of computing minimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to the 1 st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission."

(d) the following note as per Sixth Central Pay Commission recommendations below Column(11) under sub-heading 'Deputation' may be omitted:-

"Note: For purposes of appointment on deputation/absorption basis, the service rendered on a regular basis by an officer prior to the 1 St January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for vvhich that grade pay or pay scale is the normal replacement grade without any upgradation."

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