7th Pay Commission: Pay in Level-13 to be fixed by multiplying a factor of 2.57 or 2.67

However, a few instances have been brought to the notice of this Ministry, where pay fixed in the modified Level-13 contained in CCS (RP) (Amendment) Rules,2017 works out less than the pay fixed

A modification to the 7th Pay Commission pay matrix level is likely to increase the basic minimum pay of Central Government employees. Currently the basic pay is at Rs 18,000.

The CG employees are however unhappy with the existing pay and are demanding that the same be set at Rs 26,000. The government is likely to set it at Rs 21,000 and says that the same would be variable in nature. This would be applicable to the pensioners as well.

Pay matrix at cell one

The Finance Ministry will be improvising this matrix. The Pay Matrix starts at Rs1,18,500 at Cell one and ends at Rs2,14,100 at Cell 21, the ministry said, adding that the said level has been modified. This ‘Index of Rationalisation' has been applied by the Commission on the minimum entry pay corresponding to the successive Grades Pay in the pre-Revised pay structure, the report said.

Pay in the Level-13 is to be fixed by multiplying by a factor of 2.57 or 2.67

The Pay Commission, while formulating the various Levels contained in the Pay Matrix, corresponding to the pre-Revised pay structure, used "Index Of Rationalization" (IOR) to arrive at the starting Cell of each Level (the 1st Cell) of the Pay Matrix. This IOR has been applied by the Commission on the minimum entry pay corresponding to the successive Grades Pay in the pre-Revised pay structure. In Level-13 of the Pay Matrix, as formulated by the pay panel and as accepted by the Government in terms of the CCS(RP) Rules, 2016 promulgated vide notification dt. 25.7.2016, the IOR was 2.57. The IOR in respect of both Levels 12 and Level 13-A, i.e., Levels immediately lower and immediately higher than Level-13, is 2.67. Therefore, the modified Level-13 in terms of the Pay Matrix contained in the CCS(Revised Pay) (Amendment) Rules, 2017 has also been formulated based on the IOR of 2.67. While the concept of the IOR, as applied by the pay panel, is exclusively in regard to formulation of the Levels in Pay Matrix, the formula for fixation of pay in the Pay Matrix based on the basic pay drawn in the pre-revised pay structure for the purpose of migration to the Pay Matrix, as recommended by the commission, is based on the fitment factor of 2.57. The Commission recommends "this fitment factor of 2.57 is being proposed to be applied uniformly for all employees." Accordingly, Rule 7 (1)(A)(i) of the CCS(RP) Rules, 2016, relating to fixation of pay in the revised pay structure, clearly provides that "in case of all employees the pay in the applicable level in the Pay Matrix shall be the pay obtained by multiplying the existing pay by a factor of 2.57........."

Thus, the fitment factor for the purpose of fixation of pay in all the Levels of Pay Matrix in the revised pay structure is altogether different from the IOR. The fitment factor of 2.57 is uniformly applicable for all employees for the purpose of fixation of pay in all the Levels of Pay Matrix. This has no relation with the "IOR". The formula for fixation of pay based on the fitment factor of 2.57, as contained in Rule 7(1)(A)(i) of the CCS(RP) Rules,2016, has not been modified by the CCS (Revised Pay) (Amendment) Rules,2017.

Accordingly, pay in the Level-13 of the Pay Matrix, as provided for in the CCS(Revised Pay) (Amendment) Rules, 2017, shall continue to be fixed based on the fitment factor of 2.57 as already provided for in Rule 7(1) (A) (1) of CCS(RP) Rules, 2016. In case pay has been fixed in the modified Level-13 by way of fitment factor of 2.67, the same is contrary to the Rules and is liable to be rectified and excess amount recovered forthwith.

Pay re-fixed in the modified Level-13 working out lower than the pay fixed in the earlier Level-13:

As mentioned above, earlier Level 13 in operation before the coming into force of CCS(Revised Pay) (Amendment) Rules, 2017 promulgated vide notification dt. 15.6.2017, has become non-existent ab-initio and the modified Level 13 as contained in CCS(Revised Pay) (Amendment) Rules, 2017 is the applicable Level 13 from 1.1.2016. Therefore, the earlier Level 13 is extinct and, hence, no employee can retain the some consequent upon promulgation of CCS(Revised Pay)(Amendment) Rules, 2017.

As such, pay in respect of those, who are entitled to Level 13 either from 1.1.2016 or from any date later than 1.1.2016, has to be re-fixed in the modified Level 13 and the pay as earlier fixed in the earlier Level 13 gets automatically rescinded. Therefore, pay, as fixed in the modified Level 13 in terms of Rule 7 of the CCS(RP)Rules, 2016 in case of those who were drawing pay in the pre-revised pay structure in PB-4 plus Grade Pay of Rs.8700 as on 31.12.2015 or in terms of Rule 13 thereof in case of those promoted to Level 13 on or after 1.1.2016, shall now be the pay for all purposes. However, a few instances have been brought to the notice of this Ministry, where pay fixed in the modified Level-13 contained in CCS (RP) (Amendment) Rules,2017 works out less than the pay fixed in the earlier Level-13 before promulgation of this amendment.

The pay fixed strictly in terms of the applicable provisions of CCS(RP) Rules, 2016 in the earlier Level-13 before promulgation of CCS(Revised Pay) (Amendment) Rules, 2017, was the pay before the date of promulgation of the said Amendment Rules on 15.6.2017. As pay is now required to be re-fixed in the Level-13 contained in the CCS(Revised Pay) (Amendment) Rules, 2017, any overpayment, if taking place, consequent upon such re-fixation is not attributable to the concerned employee.

Re-exercise of option for coming over to the Revised Pay structure in case of Level 13

A reference has been received whether in view of the modification in the Level 13 in terms of the CCS(Revised Pay) (Amendment) Rules, 2017 promulgated on 15.6.2017 with effect from 1.1.2016, the date of effect of the revised pay structure contained in CCS(RP) Rules, 2016, the employees who are entitled to the Level 13 on 1.1.2016 may be given fresh option to come over to the revised pay structure in case of modified Level 13.

The matter has been considered and it has been decided that since the modification of the Level 13 as per CCS(Revised Pay) (Amendment) Rules, 2017 is a material change, the employees, who were entitled to Level 13 as on 1.1.2016 and who had already opted for the earlier Level-13 as per Rules 5 and 6 of the CCS(RP) Rules, 2016, shall be given an opportunity for re-exercise of their option there under. Such an option may be exercised within three months from the date of issue of these orders.

In their application to employees belonging to the Indian Audit and Accounts Department, these orders issue after consultation with the Comptroller and Auditor General of India.

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