Clarifications required as to Pay fixation on promotion from DNI in 7th CPC scales.

Clarification is required as to the pay fixation on promotion under FR-22(I)(a)(1) consequent on implementation of 7th CPC rules i.e. CCS(RP) Rules, 2016.

1. The fixation of pay in case of promotion from one Level to another in the revised pay structure was notified at Para No.13 of CCS(RP) Rules, 2016. Further, the method of arriving the next increment in revised pay structure was also notified at Para No.10 of CCS(RP) Rules, 2016(Illustration). But as per the provisions under F.R-22(I)(a)(1), the Govt. servant can opt for fixation of his pay either from the date of promotion or from the date of his next increment. But the CCS(RP) Rules, 2016 are silent on the method of fixation of pay when the promoted official has exercised option for fixation of pay from the date of his next increment and what pay has to be drawn for the period from the date of promotion to the date of next increment. For example:- If any official is promoted in the month of 3/2017 and opted for fixation of pay from the date of promotion, his pay will be fixed in the promoted level in the manner prescribed in Para No.13 of CCS(RP) Rules, 2016 and further increment will be drawn on 1.1.2018 as per Para No.10 of CCS(RP) Rules, 2016. But if the official opted to fix his pay from the date of his next increment i.e. 1.7.2017, then how the pay is to be fixed on 1.7.2017 and what pay is to be drawn from 3/2017 to 30.6.2017 is not mentioned in the CCS(RP) Rules, 2016. This issue needs to be clarified by the nodal ministry i.e. Ministry of Finance (Department of Expenditure) since similar clarifications were earlier issued at the time of 6th CPC implementation vide O.M.No.1/1/2008-IC dated 13.9.2008.
2. As per the provisions of FR-22(I)(a)(1), split option has to be submitted by the officials within one month of promotion. Some of the employees, promoted before 1.1.2016 as well as after 1.1.2016 but before notification of CCS(RP) Rules, 2016, had opted for their pay fixation on promotion from the date of their next increment which was falling after 1.1.2016 in the 6th CPC pay structure/rules. Consequent up on implementation of CCS(RP) Rules, 2016, the option submitted by a number of employees turned to be disadvantageous. Whether such employees may be allowed to revise their options under FR-22(I)(a)(1) as per the provisions contained in DoP&T O.M.No.16/8/2000-Estt.(Pay-I) dated 25.2.2003.