15 Mar, 2021 1:37p.m.

Pay protection of pay in cases of deputation -Rule 7 of IAS( Pay)

pay-protection-of-pay-in-cases-of-deputation-rule-7-of-ias-pay

No.20011/ 1/2017-AIS-II
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

North Block, New Delhi
Dated: 10th March, 2021

To

The Chief Secretary,
All the States/ Union Territories

Subject: Protection of  pay  in  cases  of  deputation  under  Central Staffing Scheme in terms of Rule 7 of Indian Administrative Service ( Pay) Rules, 2016 (7th CPC) and analogous provisions in IPS (Pay) Rules, and IFS (Pay) Rules-Regarding.

Sir,

I am directed to refer to queries received from various Ministries/Departments regarding method of pay protection in terms of Rule 7 of IAS (Pay) Rules, 2016 which is as under :-

”If the pay of the officers posted on deputation to the Central Government under Central Staffing Scheme, after fixation of their pay in the revised pay structure, either under these rules or as per the instructions regulating such fixation of pay on the post to which they are appointed on deputation, happens to be lower than the pay they would have been entitled to, had they been in their parent cadre and would have drawn that pay but for the Central deputation, such difference in the pa y shall be protected in the form of Personal Pay with effect from the date of notification of Government Resolution in this regard, i.e. 25th July, 2016.

Further, if the member of Service is promoted in the cadre while on central deputation under Central Staffing Scheme, the difference in the pay that the officer would have drawn had he been in the parent cadre and the amount of pay on his deputation to Centre shall be protected in the form of personal pay with effect from the date of issue of Government Resolution.”

 Rule 7 of IAS (Pay) Rules, 2016 was subsequently amended  vide  notification dated 14021/ 1/ 2016-  AIS-11,  dated  12.06.2017  consequent  upon  the amendment of Department of Expenditure Notification  No. 1-2/ 2016-IC  dated 16lh May, 2017, which inter-alia  provide  that  the  aforesaid  provision  would take  effect  from  01.01.2016.

2.  Pay protection of officers on deputation under Central Staffing Scheme after implementation of IAS (Pay) Rules 2016 has been considered in consultation with Establishment Division of this Department and Department of Expenditure and is elaborated in subsequent

3. Pay Protection of IAS officers who were already on deputation under Central Staffing Scheme on 01.01.2016 or who joined deputation under Central Staffing Scheme on or after 01.01.2016

(a) Pay of such officers, as on 01.2016 [or a subsequent date from which they have opted to switch over to the IAS ( Pay) Rules, 2016] will be fixed in the Level of the post held by them on deputation under Central Staffing Scheme on the basis of the pay fixed in their parent cadre. The cell corresponding to the basic pay fixed in the parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under Central Staffing Scheme and pay shall be fixed at same stage/ equivalent cell. If no such cell is available in the applicable Level of the deputation post, the pay shall be fixed at the immediate lower cell in that Level of the deputation post and the difference in pay will be granted as Personal Pay.

Illustration :-

If an officer holding the post in Level 15 in parent cadre and drawing pay of Rs.2,05,100/ – goes on deputation under Central Staffing Scheme in Level 14 on 04.05.2017, his pay will be fixed as under :-

(a) Existing pay in the parent cadre Level  15
(b) Existing pay in Level  15 as on 04.05.2017 in the parent cadre Rs. 2,05,100 / -(cell 5 of Level 15)
(c) Pay fixed in Level 14 on Deputation under Central Staffing Scheme Rs.  1,99,600/ – (cell  12 of Level 14)    plus      (Rs.5500 / -Personal pay)
(d) On DNI in parent cadre : Pay in Level 15 in the Parent Cadre Rs. 2, 11,300/ -(cell 6 of Level 15)
(e) On DNI in paren t cadre: Pay on Central Deputation in Level 14 Rs. 2,05,600 / – (cell 13 of Level14)  plus  (Rs.  5700 / –  Personal pay)

(b) However, if an officer currently drawing pay up to Level 13 is appointed on deputation to a post in the equivalent or lower level on deputation  under Central Staffing Scheme OR during the continuance of deputation under Central Staffing Scheme gets an upgradation in his parent cadre to a Level higher than pay Level of deputation post up to Level 13 of the Pay Matrix, his pay will be fixed at the same cell and Level in which he is placed in the parent He will also be eligible to draw the CDTA on the pay of Level of the post in parent cadre at the prevailing rates. For the active period of deputation from 1.1.2016 to 30.6.2017 , CDTA will be admissible at the pre-revised rates in pre­ revised pay structure, i.e. as if the ·pay had not been  revised w.e.f. 1.1.2016. Provisions of this Department’s OM No.2 / 10/ 2017-Estt(Pay-II) dated 24th April, 2018 shall stand amended to this  effect. For the active period of deputation from 1st July, 2017 onwards, CDTA will be admissible as per the guidelines in this Department’s OM No. 2 / 10/2017-Estt(Pay II) dated 24th April, 2018.

Illustration : 

(I) If an officer holding the post in Level 13 in parent cadre and drawing pay of 1,26,800/ – goes on deputation under Central Staffing Scheme in Level 13 on 22.02.2017, his pay will be fixed as under :-

(a)   Existing Level in the     parent cadre Level 13
       
(b) Existing pay  in  Level  13 as on Rs.  1,26,800/- (cell 2 of Level  13)
  22.02.2017 in the parent cadre  
(c) Pay fixed on appointment on deputation  under  Central Staffing Scheme Rs.1,26,800/ – (cell 2 of Level 13)
(d) On DNI in the Parent Cadre: Pay fixed on deputation  under Central Staffing Scheme Rs. 1,30,600/ – (cell 3 of Level 13)

(ii) If an officer holding the post in Level 13 in parent cadre and drawing pay of Rs. 1,26,800/ – goes on deputation und er Central Staffing Scheme in Level 12 on 22. 02.2017, his pay will be fixed as under :-

 

(a) Existing pay in the parent cadre Level 13
(b) Existing pay in cell 2 of Level 13 as on 22.02.2017 in the parent cadre Rs. 1,26,800 / -(cell 2 of Level 13)
(c) Pay fixed in Level 13 on Deputation under Central Staffing Scheme Rs. 1,26,800 / -(cell 2 of Level 13)
(d) On DNI in parent cadre : Pay fixed on deputation under Central Staffing Scheme Rs. 1, 30,600/ -(cell 3 of Level 13)

4. Protection/ Fixation of pay of IAS officers who were on deputation under Central Staffing Scheme on 01.01 .2016 or who joined deputation under Central Staffing Scheme on or after 01.01.2016 and got Proforma promotion in parent cadre :-

(a) In case the officer was on deputation under CSS on 01.2016 or joined thereafter and his junior is promoted to a higher post in his parent cadre on or after 01.01.2016, but was not granted proforma promotion under the ‘Next Below Rule’, there will be no change in the pay fixation already done as per extant rules.

(b) In case an officer on deputation to a post under Central Staffing Scheme gets proforma promotion in his cadre to a post up to Level 13 in the Pay matrix, his pay in the Level of the post will be fixed with reference to the presumptive pay that he would have got had he remained and promoted in the parent cadre of his service in the manner as provided in para 3(b) .

(c) In case an officer on deputation under Central Staffing Scheme gets promoted in his cadre to a higher post in Level l 3A or above in the Pay matrix, his pay in the Level of the post held on deputation under Central Staffing Scheme will be fixed with reference to the presumptive pay of the officer in the parent cadre of his The Cell corresponding to such basic pay fixed in parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under Central Staffing Scheme, and pay shall be fixed at same stage/ equivalent cell and if no such cell is available in the applicable Level, the pay shall be fixed at the immediate lower cell in that Level of the post and the difference in pay will be granted as Personal  Pay. Illustrations may be seen below:-

Illustration

If an officer holding the post in Level 16 in parent cadre drawing pay of Rs.2,24,400/-, who is on deputation under Central Staffing Scheme in Level 15 and drawing pay Rs. 2,24, 100/ – + Rs.300/ – (Personal pay) gets proforma promotion in Level 17, his pay will be fixed as under :-

(a) Pay level in the pay matrix in parent cadre before joining on deputation under  Central Staffing Scheme Level 16
(b) Pay level in the Central Staffing Scheme Level 15
(c) Existing pay as on  01.05.2017 on Deputation under Central Staffing Scheme in Level 15 Rs.  2, 24,100/ – (cell  8 of Level  15) plus (Rs.300/- Personal pay) [Corresponding to   pay      of Rs.2,24, 400 / – of Level 16]
(d) Pay fixed in the higher Level in parent cadre i.e. Level 17 on proforma promotion on 01.05.2017 Rs. 2,25,000 / –
(e) Pay fixed on deputation under Central Staffing Scheme as per Rule 7 of IAS (Pay) Rules on 01.05.2017

Rs.2 ,24, 100/  – ( cell 8 of Level  15) plus  Rs.900/ –  ( Personal  pay)

(f) On DNI : Pay in the Parent Cadre in Level 17 Rs. 2,25,000 / –
(g) On DNI : Pay in the Level 15 on Deputation under Central Staffing Scheme Rs.2,24, 100/ – (cell 8 of Level 15) plus Rs.900/ – (Personal pay)

5 (a) The officer shall get Dearness Allowance on the said Personal Pay as admissible from time to time. However, no other allowance shall be admissible on this Personal Pay.

(b) The Basic Pay plus Personal  Pay, from time to time,  shall not exceed Rs. 2,25,000.

6. Grant of annual increment to officers on Deputation under Central Staffing Scheme

On grant of annual increment to an officer in parent  cadre (upto Level 16) who is on deputation under Central Staffing Scheme, the pay will be fixed increment.ally moving down one cell in the Level of pay in which the officer is serving on deputation under Central Staffing Scheme. Accordingly,  the Personal Pay, if any, will be re-computed as the difference in the pay (after increment) that h e would have drawn in the parent cadre and the current pay on deputation under Central Staffing Scheme.

7. The aforementioned  instructions  are  applicable  to   All   India   Service officers (i.e. IAS, IPS, IFS) with effect from 01.01.2016.

Yours faithfully,

Sandeep Kumar Sinha
Under Secretary to Government of India

 






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