Central Civil Service (RP) Rules, 1986 – clarification regarding
No.7(76)-E.III/86
Government of India
Ministry of Finance
Department of Expenditure
New Delhi-2, the13th March, 1987
OFFICE MEMORANDUM
Subject : Central Civil Service (RP) Rules, 1986 – clarification regarding
The undersigned is directed to refer to provisions under column 4 of entry IV(1) of Part ‘B’ and entry XXIII(3) of Part ‘C’ of First Schedule annexed to the CCS (RP) Rules, 1986 and to say that doubts have been expressed in regard to the interpretation of the term “Junior” mentioned therein. Accordingly, in exercise of the powers available under rule 14 of CCS (RP) Rules, 1986, President is pleased to decide that the said term “Junior” will cover only those category of Government servants who have been appointed to non-functional selection grade posts earlier than their seniors on account of fulfilment of the criteria prescribed in Ministry of Finance OM No. F .7(21)-E.III(A)/74 dated 10.1.77 read with Department of Personnel and Administrative Reforms OM No. 22011/5/77-Estt(D) dated 13.2.1980 and their seniors continue in the ordinary grade. It is also the intention of the Government that among the existing incumbents of the non-functional Selection grade posts in the pre-revised scale of pay of Rs.425-700, those who are not covered by the definition of the term “Junior” as specified above may be granted on personal basis higher revised scale of Rs.1400-2600, which is not normal replacement scale of the pre-revised scale of Rs.425-700. This is because, with the identification and creation of the promotional post in higher scale of Rs.1400-2600 with a functional content higher than that of the feeder post of Accounts clerk in the revised scale of Rs. 1200-2040, such category of Government Servants who, though being existing incumbent of non functional selection grade post, are not “Junior” as defined above, will automatically have a claim for appointment to functionally higher post in the scale of Rs. 1400-2600, alongwith, of course, other seniors who might not have been appointed to non-functionally higher selection grade in the pre-revised scale of Rs.425-700 on account of not possessing requisite eligibility for such appointment as per prescribed criteria. Accordingly, with a view to avoiding passing on of unintended benefit to existing view to avoiding passing on of unintended benefit to existing “Junior” incumbent of the non-functional selection grade post, and keeping in view the interest of seniors in the pre-revised scale of Rs.330-560 who could not be appointed to non-functional selection grade post for want of necessary eligibility, the existing “Junior” incumbents of the non-functional selection grade post have been allowed on personal basis revised scale of Rs. 1400-2300 only which is the normal replacement scale of the pre-revised scale of Rs.425-700 and to which such “Junior” would have even otherwise been entitled on the basis of the recommendations of Fourth Central Pay Commission relating to abolition of the scheme of grant of non-functional selection grade and consequential grant of appropriate replacement scale in revised scales to existing incumbents of non-functional selection grade posts and given formal manifestation through the promulgation of CCS (RP) Rules, 1986.
2. The President is also further pleased to decide that the term “Special Pay” mentioned in the provisions under column 4 of entry IV(1) of Part ‘B’ and entry XXIII (3) of Part ‘C’ of the first schedule of CCS (RP) Rules, 1986, means the special pay admissible in terms of Ministry of Finance O.M No.F.7(52)-E.III/78 dated 5.5.79, and defined as in FR 9(25) read with FR 9(21) (a) (ii).
3. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.
Sd/-
(B. KUMAR)
Under Secretary to the Govt, of India