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7th CPC Arrears for Defence Personnel – 10% of Basic Pay plus DA 125% on ad-hoc basis

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7th CPC Arrears for Defence Personnel – 10% of Basic Pay plus DA 125% on ad-hoc basis

Payment of arrears on ad-hoc basis of pay to Defence Forces Personnel pending issuance of Notification accepting 7th Central Pay Commission Award

No.1(11)/2016/D(Pay/Services)
Government of India
Ministry of Defence

New Delhi, the 10th October, 2016
To,
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: Payment of arrears on ad-hoc basis of pay to Defence Forces Personnel pending issuance of Notification accepting 7th Central Pay Commission Award.

Sir,
Government of India have promulgated vide Resolution No.1(6)/2016/D(Pay/Services) dated 05 Sept 2016 and No.1(7)/2016/D (Pay/Services) dated 05th September, 2016 accepting the recommendations of 7th Central Pay Commission in so far as they relate to pay of Service Officers, MNS Officers, JCOs/ORs, NCs(E) including DSC Personnel. Since fixation of pay and consequent calculation of arrears may take some time, I am directed to convey the sanction of the President to the payment of arrears on an ad-hoc basis, @ 10% of existing Basic Pay plus Dearness Allowance @ 125%.

2. Payment of the above ad-hoc amounts will be made only to those personnel who were in service as on 01 Jan. 2016 and continue to be in service thereafter. The pay being drawn as on 01 Jan 16 would be reckoned for calculating the arrears. Pay for this purpose includes Pay in Pay Band, Grade Pay, Gp X Pay, MSP and NPA as applicable along with 125% DA thereon. Over-payment, if any, would be adjusted against the pay and allowances due. The amount so paid will be adjusted against the final computation of arrears on the revised pay scales.

3. Expenditure on account of payment of arrears on ad-hoc basis is debitable to the Major Head 2076 and Minor Head 101.A(C)1 of the Army and corresponding head of account of the Navy and Air Force.

4. This issues with the concurrence of Finance Division of this Ministry vide their Dy.No.400-PA dated 10.10.2016.

Your faithfully,
sd/-
(Prashant Rastogi)
Under Secretary to the Government of India


Authority: http://mod.gov.in

AGENDA ITEMS FOR THE STANDING COMMITTEE MEETING TO BE HELD ON 25.10.2016

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AGENDA ITEMS FOR THE STANDING COMMITTEE MEETING TO BE HELD ON 25.10.2016


Ref: Confdn/Standing Committee/2016-17
Dated – 15.10.2016
To,
Com Shiva Gopal Mishra
Secretary, Staff Side, NC/JCM
13-C, Ferozeshah Road,
New Delhi -110001

Dear Comrade
We have seen the items already sent to the Govt for discussion in the Standing Committee of Meeting which include

JCM function 2. Compassionate Appointment 3.Non implementation of decisions taken at 46th Meeting of the National Council 4. Reduction of one day PLB in defence establishment, 5. LTC-relaxation of air travel, 6. HRA for those who vacated govt quarters, 7. Restoring interest free advances, 8. Entry pay for promotees, 9. Grant of 3rd MACP, 10. Dental treatment, 11.Income criteria for dependants, 12. Re-imbursement of actual medical expenses, 13. Carry forward of Earned Leave

We send herewith the following items for inclusion in the agenda we shall be grateful if the same is forwarded to the official side urgently.

Thanking you in anticipation,

Yours faithfully,

(M. Krishnan)
Secretary General

1. Amendment to the definition of anomaly as notified by Government in the orders of constitution of anomaly committees at various level.

The DOPT&T has notified the definition of anomaly arising from the 7th CPC recommendation vide their OM No. 11/2/2016-JCA dated 16th August 2016 as under:
“(1) Definition of Anomaly
Anomaly will include the following cases

(a) Where the Official Side and the Staff Side are of the opinion that any recommendation is in contravention of the principle of the policy enunciated by the 7th Central Pay Commission itself without the Commission assigning any reason, and

(b) Where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Band Band under the pre-revised structure as notified vide CCS (RP) Rules 2016 is less than the amount an employee is entitled to be fixed at as per the formula for fixation of pay contained in the said Rules”

The Anomaly normally arises due to the recommendation of the Pay Commission having been acted upon without going into the ramification of such action on similarly placed employees in various other organisations.
In this connection, we may refer to the OM No. 19/97-JCA, DOP&T, dated the February 6, 1998 where the anomaly was defined as under, on reaching an agreement between the Staff Side and the Group of Ministers on 11.9.1997.
“(1) Definition of Anomaly
Anomaly will include the following cases:

(a) Where the Official Side and the Staff Side are of the opinion that the vertical/horizontal relativities have been disturbed as a result of the Fifth Central Pay Commission Report in a manner leading to grave dissatisfaction and adverse impact on efficiency;

(b) Where the Official Side and the Staff Side are of the opinion that any recommendation is in contravention of the principle of the policy enunciated by the 7th Central Pay Commission itself without the Commission assigning any reason, and

(c) Where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Band Band under the pre-revised structure as notified vide CCS (RP) Rules 2016 is less than the amount an employee is entitled to be fixed at as per the formula for fixation of pay contained in the said Rule

(d) Where the amount of revised allowance is less than the existing rate”.

We request that the definition of anomaly may be replaced with what is stated in the OM dated February 6, 1998.

2. Withdraw the stringent conditions unilaterally imposed by Government for grant of Modified Assured Career Progression (MACP) promotion and grant MACP on promotional hierarchy. Personnel promoted on the basis of examination should be treated as fresh entrant to the cadre for grant of MACP. The pre-appointment induction training period may be counted as regular service for grant of MACP as it is counted for increment.

It was in the background of extreme stagnation, especially in the lower cadres, the 5th CPC was approached for a promotional scheme which must not be linked with vacancies but on time bound basis. The 5th CPC in appreciation of the genuine aspirations of the low paid employees as also taking into account the practice followed in Government services of cetain State Govts introduced the ACP scheme assuring minimum two financial upgradations (promotions) in the service career of a person. The ACP, as is known when granted, does not make the incumbent to function in a post with higher responsibility but continue to be in same cadre/grade but with higher remuneration.
The 6th CPC did not make any great deviation of the scheme. But the Govt., acceding to the demand of the Staff Side, improved the 2 time-bound promotions as 3 promotions under the MACP scheme. However, while issuing the orders the scheme was made applicable, unlike ACP, only Grade Pay based financial upgradation as recommended by the 6th CPC. Between 2006-11, the Staff Side had pointed out on innumerable occasions, the anomalies the said decision created and having obtained no redressal the employees were driven to courts, whose decisions were not allowed to be given effect to.

The 7th CPC recommendations gave the impression that it has appreciated the concern of Staff Side and had suggested for a cadre hierarchy based MACP scheme. The order issued by the DOPT on 27.9.2016 belies that in as much as it is stated in Para 3.2 as under:

“The MACPS envisages merely placement in the immediate next higher level in the Pay Matrix as given in Part A of Schedule of the CCS (Revised Pay) Rules, 2016. Thus the level in the Pay Matrix at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive levels in the Pay Matrix, be different than what is available at the time of regular promotion. In such cases, the higher level in the Pay Matrix attached to the next promotion post in the hierarchy of the convened cadre/organisation will be given only at the time of regular promotion”.
Besides, the Govt. has accepted the recommendation of 7th CPC in Para 5.1.45 making Bench-mark of ‘very good’ as the primary criterion for MACP.
We request that the order making MACP level bases hierarchy instead of cadre based hierarchy must be rescinded as the changed scheme has been less beneficial to large number of employees compared to ACP and it has given rise to anomalies in Pay between two schemes of employees in the same cadre.




Secondly, the stipulation of Benchmark “Very Good” for MACP is untenable and the MACP is only financial upgradation and does not devolve any additional responsibility and the individual concerned continues to function in the same grade and cadre even after grant of MACP. It may also be noted that “Very Good” is not a bench mark even today for promotion in Gr B and C cadres. 
When the intention is only financial upgradation in view of the long number of years one has put in, the stipulation of Bench March “Very Good” is wrong and deserves to be withdrawn.
Two other issues requiring consideration and acceptable are:

(1) The personnel promoted to a cadre bases on examination must be treated as new direct entrant to that cadre and MACP to be related with the date of entry to that cadre;
(2) The pre-appointment induction training period is to be counted as regular service period for the purpose of MACP.

3. Removal of ambiguity in fixation of pay of re-employed Ex-Servicemen and grant of the same benefit extended to Commissioned officers to personnel Below officers Rank also.
The pay fixation of re-employed Ex-Service men who held the rank below commissioned officers/Group A at the time of their re-employment is not carried out in many departments as per Government orders on the subject issued from time to time due to misinterpretation/wrong clarification by the administrative authorities. The re-employed Ex-service men personnel below the officers Rank are being deprived the minimum pay of the post from which they are retired from Army, instead their pay is fixed at the minimum of the re-employed post only, whereas those who retired as commissioned officers/Group A is extended differential treatment and their pay is fixed at a higher stage due to their past service benefit. Fresh orders/amendments be issued free from any scope for misinterpretation/ambiguity, clearly mentioning the fixation of pay of the re-employed Ex-Service men belonging to below officer rank, at the same stage as the last pay drawn before retirement from army, ignoring the entire portion of pension since the pension is minuscule and not even enough to lead a decent living.

4. Permission to opt for pay fixation in the Revised pay structure on a date after the date of issue of CCS (RP) Rules 2016 notification (25.07.2016) in case of employees whose promotion become due after 25.07.2006.
As per the clarification issued by Department of Expenditure (Implementation cell) on 29th September 2016, in case and employee is promoted or upgraded to the higher pay structure (in the pre-revised pay structure) he may be permitted to exercise revised option as per FR 22 (i) (a) (i) to have his pay fixed under the Revised Pay Rules 2016, from the date of such promotion/upgradation or from the date of next increment. As per this rule and employee who is promoted/upgraded on 24.07.2016 (one day before the date of issue of notification) can opt for fixation of his revised pay on the date of next increment which falls on 01.07.2017. This facility is available only for those employees who are promoted before 25.07.2016 (date of notification of CCS (RP) Rules 2016). If an employee is due for promotion on 26.07.2016 (one day after the date of notification) he cannot opt to fix his revised pay under the CCS (RP) Rules 2016 on the date of next increment i.e. 01.07.2017. This is a clear case of discrimination and amounts to creation of a class within a class. Hence the option for fixation of pay under CCS (RP) Rules 2016 from the date of next increment, may be extended to the employees who are due for promotion after the date of issue of notification i.e. 25.07.2016 also.

5. Extension of the benefit of bonus calculation ceiling enhancement to Rs. 7000/- to Gramin Dak Sevaks (GDS) of the Postal department also.
The above benefit is yet to be granted to the GraminDakSevaks for want of approval of the Finance Ministry. The GDS Committee constituted to revise the wages and service conditions of GDS has already recommended to grant enhanced ceiling of Rs. 7,000/- to GDS also and their suggestion is pending with the Govt. for action. We request that orders enhancing the ceiling limit to RS 7,000/- may be issued immediately.

6. Regularise the services of casual labourers by absorbing them against vacant posts of MTS as one time measure.
Casual and contingent workers were engaged by various Departments to cope up the regular work especially in the period when the Ban on Recruitment/creation of posts was in operation. Such appointments had become necessary to ensure that the work does not suffer and the public at large are not put to difficulties. There had been despite the directive issued by DOPT in the past banning such engagement of casual labour. Over the years their number has increased manifold. These employees have put in several years of service. The omnibus order banning he recruitment does not spell out as to how the work assigned especially in operational and public dealing departments are to be carried out. Presently due to either delay on the part of the recruiting agency or for such unforeseen reasons in various departments, MTS posts are lying vacant and contract workers are engaged. The case of those who were employed against vacancies of permanent and perennial nature of jobs for regularization cannot be denied except in violation of the existing labour laws or on unethical ground. To address this, the DOPT must draw up a scheme for regularization of eligible candidates in Government service as a onetime measure.

7. Fill up all vacant posts including promotional posts in a time bound manner
Inspite of lifting of ban on filling up of vacant posts from 2010 onwards, in many departments posts are not being filled and an undeclared ban is in existence. The 7th CPC has stated that there are about six lakhs vacant posts in central services. Non-filling up of vacant posts has adversely affected the efficiency of many departments. Further many promotions posts are lying vacant due to abnormal delay in convening DPCs. Strict instructions may be issued to all departments to initiate action to fill up all vacant posts on top priority basis and also to convene the DPCs regularly for granting promotion to eligible officials.

8. Abolish and upgrade all posts of Lower Division clerks (LDCs) to Upper Division Clerks (UDCs).
The cadre of Lower Division Clerks in Govt of India service has now become redundant as many of the jobs assigned to them are part of the duty list of MTS and the rest is also assigned to UDCs. The abolition of Gr. D cadres and introduction of MTS with certain clerical functions and computerised functioning in all organisations of GOI have made the cadre presently superfluous. As pointed out, the UDCs whose educational qualification is Graduation has overlapping functions of LDCs. Major Deptt. of the Govt of India recognising this fact has reduced the cadre strength of LDCs. We therefore request that the existing No. of LDC posts in Government may be upgraded as one time measure as UDCs and the posts of LDCs totally abolished.

Shri D. K. Sengupta
Deputy Secretary (JCA)
Ministry of Personnel PG and Pension
Department of Personnel & Training
North Block, New Delhi – 110001

Sir,

Sub: – Agenda items for meeting of the JCM (NC) Standing Committee

Ref: – Your letter No. F. No. 3/3/2019-JCA-I dated 27.09.2016 addressed to Secretary, Staff Side

I forward herewith 8 additional items for inclusion in the agenda for the Standing Committee meeting slated for 25th October 2016.

Thanking you,

Yours faithfully

(Shiva Gopal Mishra)
Secretary, Staff Side

Source: Confederation Blog

Meeting of the Committee set up to examine feasibility will be held with the JCM (Staff side) on 17.10.2016

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Minutes of the sixth meeting of the Committee set up to examine feasibility of implementation of recommendation of the 7th CPC for revision of pension of pre 2016 pensioners held on 06.10.2016

No.38/37/2016-P&PW(A)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Pension & Pensioner’s Welfare

3rd Floor, Lok Nayak Bhavan
New Delhi, datyed the 10th October 2016

OFFICE MEMORANDUM

Subject: Minutes of the sixth meeting of the Committee set up to examine feasibility of implementation of recommendation of the 7th CPC for revision of pension of pre 2016 pensioners held on 06.10.2016 – reg.

The Minutes of the sixth meeting of the Committee set up to examine feasibility of implementation of recommendation of the 7th CPC for revision of pension of pre 2016 pensioners held under the Chairmanship of Secretary (Pension) with JCM (Staff Side) on 6.10.2016 at Sardar Patel Bhawan, New Delhi is hereby forwarded for information and further necessary action.

Sd/-
(Harjit Singh)
Director (Pension Policy)

Minutes of the meeting of the Committee set up to examine feasibility of implementation of recommendation of Seventh CPC for revision of pension of Pre-2016 pensioners held on 6.10.2016 at Sardar Patel Bhawan, New Delhi.

The 6th Meeting of the committee for examination of feasibility of implementation of recommendations of Seventh Central Pay Commission for revision of pension of pre-2016 pensioners was held under the Chairmanship of Shri C, Viswanath, Secretary (Pension) on 6.10.2016 at Sardar Patel Bhawan, New Delhi This meeting was called for seeking the views of the Staff side of JCM on the feasibility of implementation of the first option for revision of pension of pre 2016 pensioners recommended by the Seventh Central Pay Commission.

2. The following were present from official side:
1. Sh. Ashok Kumar Dash, Member (Personnel), Department of Posts.
2. Ms. Santosh, Joint Secretary, Department of Ex-Servicemen Welfare,
3. Sh. Rozy Agarwal, Joint CGDA, Ministry of Defence,
4. Sh. R. K. Chaturvedi, Joint Secretary, Implementation Cell, Department of Expenditure,
5. Sh. Sanjay Singh, Chief Controller (Pension), CPAO (representing Controller General of Accounts).
6. Sh. Tanveer Ahmed, Executive Director, Railway Board (representing Member (Staff)).

3. The following were present from JCM ( staff side):
1. Shri Shiv Gopal Mishra, Secretary, JCM.
2. Shri Guman Singh, Member
3. Shri J. R. Bhosale, Member
4. Shri K.K. N, Kutty, Member
5. Shri C. Srikurnar. Member
6. Shri R. D. Gupta, Member

4. Welcoming Members of the Committee and the representatives of JCM (Staff Side), Secretary (Pension) requested Additional Secretary (Pension) to make a presentation.

5. In her presentation, Add! Secretary (Pension) brought out the position regarding the requirement of records and the factors which may affect the feasibility of arriving at the notional pay in Seventh CPC by counting increments in the last scale of pay as recommended by the Pay . Commission. She also mentioned about the anomalies that are likely to arise in the process. The presentation brought out the methodology adopted by the Committee to examine the feasibility of the first option and the finding of the Committee in this regard. She mentioned that the service records for increment method may not be available in around 18.3% of the cases. The difficulties in extracting the information from the records and determining the exact number of the increments for revision of pension under first option were explained. She indicated that the Committee has found that the alternative method of arriving at notional pay in Seventh CPC by applying formula for pay revision for serving employees in each Pay Commission and giving 50% of this as pension to be beneficial to all pensioners in comparison to the fitrnent method.

6. Thereafter, Secretary (Pension) requested the Members of the JCM (Staff Side) for their views on the feasibility of the first option.

7. The representative of the JCM (Staff side) mentioned that in their representation to the Seventh Commission, they had suggested revision of pension of pre-200B pensioners by notional Pay Fixation in each successive pay Commission period. However, the Pay Commission recommended the revision of pension by fixing the notional pay on the basis of increments earned in the last post

8. The JCM (Staff side) mentioned that the Cabinet has approved revision of pension by the first option (increment method), if its implementation is found feasible after examination by the Committee. They mentioned that in addition to the Service Book/ Personal File, the details of increments earned can be ascertained from the Gradation/Seniority List issued by the Departments from time to time. Therefore, one cannot say that the first option recommended by the Pay Commission is not feasible on the grounds of non-availability of records. In regard to the perceived anomalies, the Staff side stated that anomalies arose in implementation of the recommendations of all previous Pay Commissions. Such anomalies can always be rectified through the mechanism of Anomaly Committee.

9, On the alternate method of revision of pension by notional pay . fixation in each Pay Commission, the Staff side felt that the pensioners who are likely to get higher benefit by increments method may not accept revision ‘of pension by pay fixation method. This may, therefore, lead to litigation.

10. After detailed discussion, the staff side sought time to consider the alternate method of fixation of notional pay in each intervening Pay Commission for revision of pension as on 1.1.2016 before submitting their final views in this regard. It was, accordingly, decided to have another meeting with the JCM (Staff side) on 17.10.2016 at 10.00 A.M.

11. The meeting ended with a vote of thanks to the chair.

Source : NFIR

Setting up of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission’s recommendations

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Setting up of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission’s recommendations

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
New Delhi, dated: 05.10.2016
No. PC-VII/2016/DAC/1

The General Secretary,
All India Railway men’s Federation
4, State Entry Road,
New Delhi – 110055.

The General Secretary,
National Federation of Indian Railwaymen,
3-Chemsford Road,
New Delhi – 110055.

Dear Sirs,

Sub: Setting up of Departmental Anomaly Committee to settle the anomalies arising out of the implementation of 7th Pay Commission’s recommendations.

I am directed to say that it has been decided to set up the Departmental Anomalies Committee for Railways consisting of the representative of the Official Side and the Staff Side to settle the anomalies arising out of the 7th Central Pay Commission’s recommendations, subject to the following conditions namely:-

1. Definitions of Anomaly:-
Anomaly will include following types of cases:-
(a) Where the official Side and Staff Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any reason: and
(b) Where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under pre-revised structure, as notified vide RS(RP) Rules, 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the Said Rules.

2. Composition:-
The Departmental Anomaly Committee for Railways will consist of the representatives of the Official Side and three members each from AIRF and NFIR who are members of the Departmental Council. The composition of the Committee shall be as under:-

Official Side
1. AM (Staff)
(Chairman of the Committee)
2. EDF (E ) (Finance Member)
3. EDPC-I
4. EDPC – II
ED/IR

Staff Side
AIRF
1. Shri Shiva Gopal Mishra
2. Shri Rakhal Das Gupta
3. Shri J.R. Bhosle

NFIR
1. Shri Guman Singh
2. Dr. M. Ragahavaiah
3. Dr. R.P. Bhatnagar

3. The National Anomalies Committee, appointed under the Department of Personnel & Training’s O.M. No. 11/2/2016-JCA dated 16.08.2016 will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Advisor.

4. The Anomaly Committee shall receive anomalies from Staff Side of the respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its constitutions. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to approval of Government, Cases where there is a dispute about the definition of “anomaly” and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and “Arbitrator” to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme. The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committee at the National as well as Departmental level.

Yours faithfully

Sd/-
For Secretary Railway Board.

Source : NFIR

7th CPC bunching of stages – Fixation of pay of Assistant Secretaries – Dopt issued clarification orders

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Fixation of pay of Assistant Secretaries as per recommendations of 7th CPC and bunching thereof – DoPT Order

No.13020/1/2016-AlS-I(Pt.2)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 10th October, 2016
Office Memorandum

Subject: Fixation of pay of Assistant Secretaries as per recommendations of 7th CPC and bunching thereof.

This Department has been receiving numerous queries regarding application of New Pay Structure as per 7th CPC recommendation to Assistant Secretaries of the 2014 Batch of IAS, currently posted in Government of India.

2. It has already been clarified vide this Department’s OM dated 29.09.2016 that pay of the Assistant Secretaries is required to be fixed in the New Pay Structure as per IAS (Pay) Rules, 2016. It is further informed that bunching of stages in the revised pay structure will be governed as per Proviso (a) to Rule 4A of the IAS (Pay) Rules, 2016 (copy enclosed) and as clarified by Department of Expenditure’s OM dated 7th September, 2016 (copy enclosed).

3. This issues with the approval of Competent Authority.

(Kavitha V. Padmnabhan)
Deputy Secretary to the Govt. of India


Authority: http://persmin.gov.in/dopt.asp

THE GAZETTE OF INDIA – EXTRAORDINARY
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION 
New Delhi, the 8th September, 2016

Rule 4A of IAS (Pay)Rules, 2016 :

“Where, in the fixation of pay, the pay of members of the Service drawing pay at two or more stages in pre-revised Pay Band and Grade Pay or Scale, as the case may be, get fixed at same Cell in the applicable Level the Pay Matrix, one additional increment shall be given for every two stages bunched and the pay of member of Service drawing higher pay in pre-revised structure shall be fixed at the next vertical Cell in the applicable Level.”

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