Further, your attention is invited to Rule 5 of CCS (RP) Rules, 2016 which reads as under:
5. Drawal of pay in the revised pay structure. Save as otherwise provided in these rules, a Government servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed:
Provided that a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure:
Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.
Explanation 1. The option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.
Explanation 2. The aforesaid option shall not be admissible to any person appointed to a post for the first time in Government service or by transfer from another post on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.
Explanation 3. Where a Government servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure under Fundamental Rule 22, or under any other rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.
Contrary to above, vide letter No. AN/XIV/14142/Seventh CPC/Vol-I, Dated 08.09.2016 the CGDA issued clarification No. 3 on Implementation of Seventh Central Pay Commission which reads as under:
As regards exercising option for Seventh CPC from 07/2016 i.e. on accrual of next increment in respect of cases who have been promoted / upgraded between 01.01.2016 and 30.06.2016 is concerned, Para 13 and Para 5 of CCS (RP) Rules, 2016 may be referred which clearly states that in respect of the above cases, a government servant may elect to switch over the revised pay structure from the date of such promotion or upgradation implying that the option to switch over to the revised pay structure from 07/2016 is not available. Provision of Para 15 of Min of Finance Gazette notification dated 25.07.2016 may also be referred.
Point of Doubt No.2: If the pay of an employee XYZ was Rs.12200 in PB-1 plus 2800 GP as on 31.12.2015 and on completion of 10 yrs regular service, he was granted financial upgradation on 15.03.2016 in the Grade pay of 4200, kindly clarify:
(i) Whether XYZ is compelled to opt 7th CPC w.e.f. 01.01.2016 and his pay will be fixed as illustration mentioned in the Rule 13 of CCS (RP) Rules, 2016;
(ii) Whether XYZ may opt 7th CPC w.e.f. 15.03.2016 (date of promotion) and his pay will be fixed under the provisions of FR 22 and thereafter his pay will be revised under CCS (RP) Rules, 2016;
(iii) Whether XYZ may opt 7th CPC w.e.f. 01.07.2016 (date of next increment) and his pay will be fixed under the provision of FR 22.(I)(a)(1) in the pre-revised scale on 15.03.2016 & 01.07.2016 and thereafter his pay will be revised under CCS (RP) Rules, 2016.
Point of Doubt No.3: If the pay of an employee XYZ was Rs.12200 in PB-1 plus 2800 GP as on 31.12.2015 and after completion of 10 yrs regular service, he would be eligible for grant of financial upgradation under MACP on 15.03.2017 in the Grade pay of 4200, kindly clarify:
(i) Whether XYZ may opt 7th CPC w.e.f. 15.03.2017 (date of financial upgradation) and till then (14.03.2017) he will draw his wages in the existing system of 6th CPC.
Considering the importance of the issues, you are requested to issue necessary clarification in consultation with the competent authorities so that Finance & Accounts department may also accept and comply with in correct perspective.
Thanking you. Sincerely yours
Member, JCM-II Level Council (MOD)
Copy to: Sri R K Chaturvedi,
Joint Secretary, Govt of India,
Deptt of Expenditure, Implementation Cell,
Room No. 214, The Ashok,
With request to take appropriate action.