Stepping up of pay of senior of CSS promotion in the Offcers' Grade than juniors F.No.18/2/2014-CS-I(S) Govemment of India Minisüy of PG & Pensions Department of personnel & Training 2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market New Delhi, the 6th November, 2017 OFFICE MEMORANDUM Subject: Stepping up of pay of senior of CSS promotion in the Offcers' Grade than juniors - reg. Representations have been received from some CSS officers in whose case re-fixation and recovery orders have been issued by concerned Ministries/Departrments in pursuance to DOPT 0M 20.05.2014, requesting withdrawal ot the OMs referred above. 2. It is once again clarified that 0M No.5/16/80-CS.l dated 13.4.1988 was issued on acceptance of award by Board of Arbitration in CA Reference No.7 of 1984 which allowed stepping up of pay at an Assistant of CSS, who is senior by virtue of having been recruited through an earlier examination but is drawing less pay on promotion in the Grade of officer than his junior recruited through a letter examination, up to a level equal to the pay of such junior Secton Oficer in the same cadre i.e. senior DR Assistant to junior DR Assistant of later exam on their promotion as Section Oficer, Vide 0M No.5/21/192-CS.I dated 23.2.1994 this benefit of stepping up was exended to Section Officers appointed through Limited Departrnental Competitive Examination (LDCE) (again applicable to Assistants only). 0M NO.5/1/96-CS.l dated 8.10.1996 further extended this benefit in case of promotee Assistants and also to the cases where both junior and senior have been recruited on the basis of the same Select List/Assistants Grade Examination, as the case may be in accordance with OA No.365/90 (Shri K.C.Sehgal Vs UOI and OA No .869/91 (Shri L.K. Chawla VS UOI), which were upheld by the Hon'ble Supreme Court. 3. That there are general guidelines of stepping up of pay issued by the Ministry Of Finance vide 0M No.F.2(78)-E.III(A) dated 04.02.1966 and this Department vide 0M dated 04.11.1993. One Of the conditions of the general guidelines for allowing stepping up of pay to a Senior Govt. servant with reference to a junior in the lower grade also. Click to continue reading OM Authority: www.dopt.gov.in 4. However, certain darifications were issued by CS 2007 and 2008 to individual Ministries/Departments, on from them, which were at variance with the ge stepping up Of pay i.e. stepping up Of pay was allowe drawing more pay than the senior in the lower grade i.e. Therefore, vide 0M dated 29.5.2009, the clarification 2008 Weæ withdrawn and MinistriesfDøpartments strictly allow stepping up enforcing conditions laid of CAT 869/91 (Shri L.K, pay issued by the .02.1966 and ons Of the general servant with more pay than Division, DOPT in ferences received I conditions of even if junior was Assistant Grade issued in 2007 & were advised to in 0M dated 8-10.1996. Departments were also infomed vide 0M dated 21.052010 that as the matter was still under consideration, status-quo. as date, mi$t be maintained in the matter Of stepping up Of pay ot Section Officers Of CSS WI the matter attains finality. Eventually, t' e matter attairå fir.aW a M a consolidated 0M as vetted by the Division of this partment and Department ot Expenditure was issued on 2005.2014. 5. The MinstnayOepartrnents were —Jested vide dated 20.0514 that stepping up Of pay already allowed in cases where th individuals are not covered by the OMs dated 13.04_1988, 2302.1994 and general conditions as laid down in 0M dated 04, I t 1 3, should be reviewed pay re-fixed accordi ngly. That exæss pa ts made to the employees in the cases of wrong stepping up of pay sho be recovered in terms of DOP&T's 0M NO. 18/26/2011-Estt(Pay4) dated 022014 and a compiiance report in this regard furnished to this It was further clarified vlde 0M dated 08.7.2014 that all the three and general conditions of stepping up of pay aro not exclusive of each Other and the three are to be read with and subject to ge era' conditions reiterated vide 0M dated 4.11.1993. therefore. stepping allowed where Junior wag drawing more pay than the regards, OA NO.28W2015 and similar OAs it is observed that only applicants in these cases have Stay by the Learned CAT. That the said OAS have applicants in the individual capacity. Thus in ail those c Of pay has been allowed, but where the benefited i Covered by the OMs dated 13.488. 232.94 and 8.10. conditions Of stepping Of pay as laid down in the 4/7/92-Estt(Pay-1) dated 04_11.93, pay will have to recovery Of excess payment. if any, is to be made. Therefore, vide reminder 0M dated Ministnes/Departments were requested to expedite ttE as requested vide 0M dated 20 052014 except in those p of pay is not to ior in the lower in this regard, n granted interim filed by the 3 where stepping ividuals were not and genera' P&T'S 0M NO and 27.1216, phance reports ses where matter Of recovery is subjudice/stayed by order of any competentgourt It may be mentioned that Of the simiariy Officers, in whose case orders for stepping up of pay with reference to a omotee assistant was issued but not implemented, had approached CA (PB) throtÜ' OA No.1199'2014(H.C. Rai vs. UOI)_ The CAT vide its o er dated 28.03, 17 whlie the OA had ca tegodcally ruled that stepping u p of his pay Was not in consonance with the provis9n8 of 0M dated 20.05.2014 OuS dated 13488. 23.2_94 ara 8.10.96. 9. With regards dimculty being by some M i nisthes/Departments in establishing linksJchain 0t officers in refixation/recovery matters. it IS hereby mentioned that many Ministries/Departments have alrea$y isM_Ed re-fixation orders establishing links by themselves as per the instruetions issued by this Department. 10, All tie Ministnes/Departrnents are thus again request" to furnish the compliance reports In the proforma, latest by ! November 2017 11. In view Of above, the representations/OMg of and are accordingly disposed off SI_NO. Name & nation have no merit 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 17 18 19 20 21 22 To Smt_ Veena Dunga, US Shri Avwash Chandra. US Shri Brajesh Kumar Many!.,_ ps. Thakur. US Shri P.K, Tya i, US Maq_grhær Sin US Shri Satish Chander US us Shri U.K. Bh US Shri Amit Ghosai US Shi An Pant US Shri Sin h, US Cabinet ectt. NIT' Aa NiTl Aa 'SCS. Home Consum Affrs. posts Civil Avi bon Civil A ton Civil Avi ion CM' Aviation Civil AV tim Shri S.V_ Ramana US Shi patra, US General Secreta CSS Forum Shri Subhash Kumar JS Shri GA anshi US Shri Santhosh Kumar Sin h, US Shri Atui Kumar us Shi Ra- Kumar US dt. March 2017 0M No.G-1201Z'1t2016-E1 dt 7th CNil A AHD&F Labour Labour Labour Labour Labour Labour Em Em 'o Em 10 Em Em Food & PD Under Secretary the Govt. of India Ph 24629412 All the Cadre units Of CSS Ministry/Departrnent of . (Deputy Secretary/Director (Admn./Estt.))