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Sunny Singh   22 March 2023

Annual increment in autonomous body

Dear Sir

I am a central govt employee in service since 2010. In 2015 I requested for permanent absorption in a central autonomous body (near to my hometown).  All posts in my existing organization and the requested autonomous body had been on "SAME TIME SCALE " (Same cadre and same min and max pay scale and same grade pay). My request was approved by both organisations  and Accordingly I joined the autonomous body on 26th june 2015  on permanent absorption basis. There was no interview or selection procedure followed for my absorption and neither i have been issued any new appointment letter also no pay negotiation were happened with me. My last pay certificate issued to me says my date of annual increment as 1st july 2015. (As per 6th CPC DNI is 1st july).  But this annual increment has been denied to me as the admin persons says that annual increment can only be given on completition of 6 months service in the autonomous body.

My queries are as under:

1. CCS 2008 rule says  annual increment can be given to an employee on completition of 6month in same scale. Government servants completing 6 months and above in the revised pay structure as on 1st of July will be eligible to be granted the increment. The provisions of FR 26 which provide for counting of broken spells in officiation in the higher post for increment, continue to apply for increment under Rule 10 of CCS (RP) Rules, 2008. (which i did from Jan 2015 to july 2015).

2. The Service which counts for increments include all duty in a post on a time scale (FR 26(a)), both the departments are on same time scale.

3. No pay negotiations were done with me. Had i being told about the denial of annual increment i could not have joined the autonomous body.

Further in my case 7th CPC came to effect from 1st jan 2016 which says two dates of annual increment either 1st jan or 1st July.

As per my new department my increment date shifted from 1st july 2015 to 1st july 2016 as per 6th CPC.

Is it possible for me to claim a increment on 1st jan 2016 as per 7th CPC.

Pl advise. 

Thankyou.

  

 



Learning

 2 Replies

RAKESH ISHI   27 March 2023

The CCS (RP) Rules, 2008 govern the pay structure of government servants in India. As per Rule 10 of these rules, an employee is eligible to receive an annual increment on completion of 12 months of continuous service in the same pay scale. However, there is an exception to this rule as per the CCS 2008 rule, which allows for an increment to be given on completion of 6 months in the same pay scale.

According to the CCS 2008 rule, government servants who have completed 6 months and above in the revised pay structure as on 1st July of a given year will be eligible to be granted the increment. This means that if an employee has completed 6 months in a particular pay scale before 1st July of a year, they will be eligible for the increment for that year.

In your case, if your increment date has been shifted from 1st July 2015 to 1st July 2016 as per the 6th CPC, then it may not be possible for you to claim an increment on 1st January 2016 as per the 7th CPC. This is because your increment date has already been fixed as 1st July under the 6th CPC.

However, if there is a specific provision in the 7th CPC that allows for a change in the increment date under certain circumstances, then you may be able to claim an increment on 1st January 2016.

You can check the relevant provisions of the 7th CPC and consult with your department to see if this is possible.

Sudhir Kumar, Advocate (Advocate)     30 November 2023

is it same case

https://www.lawyersclubindia.com/forum/details.asp?mod_id=231844&offset=1

https://www.lawyersclubindia.com/forum/ccs-rule-on-pay-fixation--224539.asp?offset=2


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