Denial of pay fixation benefit to the higher Pay Level staff

Entry pay of Direct Recruits in Defence Service appointed on or after 01/01/2006

Denial of pay fixation benefit to the staff who got promoted to the post of higher Pay Level than the MACPS Grade Pay/Pay Level

NFIR

No. IV/MACPS/09/Part II

Dated: 08/10/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Denial of pay fixation benefit to the staff who got promoted to the post of higher Pay Level than the MACPS Grade Pay/Pay Level-reg.

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In terms of Railway Board’s instructions vide letter No. PC-V/2009/ACP/2 dated 10/06/2009 (RBE No. 101/2009), the benefit of pay fixation at the time of regular promotion shall also be allowed to the employees at the time of financial upgradation under MACPS. There shall, however, be no further fixation of pay at the time of regular promotion, if it is in the same Grade Pay as granted under MACPS. In Board’s instructions, it has also been stated that at the time of actual promotion, if it happens to be in a post carrying higher Grade Pay than what is available under MACPS, no pay fixation would be available and only difference of Grade Pay would be made available.

There are instances of staff promoted from GP 2000 (6th CPC under MACPS)/Pay Level-3 to the post of higher Pay Level-5 (6th CPC GP 2800) during post-2016 period. In such promotions, the pay fixation benefit under S-13 is denied by the Administration to the selected staff placed in a higher Pay Level-5 (two Grades higher). As illustration, a specific case is cited below for appreciation.

“On one Zonal Railway, the Pointsmen ‘A’ were subjected to Departmental Selection in the year 2017 for promotion to the post of Guard (Goods) in Pay Level-5 (7th CPC). These Pointsmen were earlier granted 2nd MACP in GP 2000 (6th CPC). On their selection to the post of Guard (Goods) in Pay Level-5 in 2017 (i.e. two levels higher), they have been denied pay fixation benefit on the plea that while granting financial upgradation to GP 2000, they were already given pay fixation benefit”.

In the above context, Board’s attention is invited to the extant provision wherein it was stipulated that at the time of actual promotion, if it happens to be in a post carrying higher Grade Pay than what is available under MACPS, no pay fixation benefit would be available and only difference of Grade Pay would be made available.

Citing this provision, the Railway Administration has refused to raise the pay of the employees by 3% of the total pay when they were promoted to higher Pay Level-5 CPC) from Pay Level-3 (GP 2000 of 6th CPC).

With the implementation of 7th CPC Pay Matrices w.e.f. 01/01/2016, 6th CPC Grade Pay concept does not exist. In such situations, when the employees are promoted to the posts of higher Pay Level than that of the financial upgradation Pay Level (under MACPS), their last drawn pay prior to the date of promotion should be taken into account for raising the same by 3% of pay on promotion. In case, the said pay is less than the minimum of the Pay Level of promotion post, the pay of such staff on promotion should be fixed at the minimum of Pay Level. However in the absence of clear instructions from Railway Board for allowing pay fixation benefit on promotion under Rule S-13 to those who are promoted to the post of higher Pay Level than that of MACPS Pay Level (Grade Pay), after January 1, 2016, the Zonal Railways are denying the pay fixation benefit.

When Pointsmen ‘A’, who got GP 2000 as 2nd MACP were promoted to the post of Guard (Goods) in Pay Level-5 i.e. two levels higher than GP 2000 during post-2016 period, they are denied pay fixation benefit on the pretext that they already got pay fixation when financial upgradation was granted in GP 2000. Denial of pay fixation benefit in these cases is not justified because of the fact that the employees were promoted to the posts of two higher pay levels. As per AVC Points Man ‘A’ is eligible for promotion as Guard (Goods) through Departmental Selection, while Guard’ (Goods) is non-hierarchy post. Therefore, pay fixation benefit on promotion should be allowed.

NFIR, therefore, requests the Railway Board to kindly examine the above situation for the purpose of issuing clarification to the Zonal Railways etc., for extending pay fixation benefit under Rule S-13 when the staff are promoted to the post of two higher Pay Levels than that of MACPS Grade Pay where they got fixation benefit. A copy of the instructions issued may be endorsed to the Federation.

Yours faithfully,
(Dr. M. Raghavaiah)
General Secretary

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