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For some, the door is opened and for some others it is closed. Equals are to be treated equally and not differently - Updated

Written By Easy Life on Thursday, January 11, 2018 | 1/11/2018 09:56:00 AM

For some, the door is opened and for some others it is closed.
Equals are to be treated equally and not differently

This article is regarding the plight of the employees who are affected due to the introduction of uniform date of increment consequent on 6th CPC. They deserve for grant of one increment on 1.1.2016, on the date of implementation of 7th CPC.
            As we aware, prior to 6th CPC, every official has his own date of increment that depends on the date of joining or promotion in a post. The increments are annual in nature. In order to earn one increment, the official should have completed 12 months’ of service since his last increment, excluding non- qualifying service and also EXOL without MC. Also, those officials should be on duty on the first working day of the month in which their increment falls.
            6th CPC introduced the uniform date of increment with effect from 1.1.2006. This is a drastic change in the date of increment.  Rule 10 of CCS (RP) Rules 2008 is reproduced below for ready reference.
Rule 10 of CCS (RP) Rules, 2008
            There will be a uniform date of annual increment, viz. 1st July every year. Employees completing 6 months and above in the revised pay structure as on 1st of July will be eligible to be granted the increment. The first increment after fixation of pay on 1.1.2006 in the revised pay structure will be granted on 1.7.2006 for those employees, for whom the date of next increment was between 1st July 2006 and 1stJanuary, 2007.
            As per CCS (RP) Rules 2008, those officials who had drawn their increment between 1.7.05 and 31.12.05 would have got their 1st increment in the revised scale on 1.7.2006, as they had completed the prescribed minimum service of 6 months on that date.
            Those officials who had drawn their increment on 1.1.2005 are given one increment in the pre-revised scale on 1.1.2006 as they have completed 12 months’, and then their pay was fixed in the 6th CPC scales on 1.1.2006 and got their first increment in the revised pay on 1.7.2006 as they have completed the required minimum service of 6 months in the revised pay on that date.

            A different case after 6th CPC but settled subsequently
            At the time of implementation of the 6th CPC, initially, those officials who had drawn their increments between 1.2.2005 and 30.6.2005 were also got their 1st increment in the revised scales on 1.7.2006, since the date of increment was uniform viz. 1.7 and also they had completed the minimum of 6 months’ in the revised scale only on 1.7.06. These officials had spent more than 12 months’ period since their last increment in 2005. In fact, the official whose increment date was 1.2.2005 had spent 17 months to get his first increment on 1.7.2006 in the revised pay. Prior to 1.1.2006, the period required to earn an increment was 12 months.
            Considering this fact that those officials had spent more than the required period to earn the increment, viz 12 months in pre-revised and revised scales together, an order was issued vide Government of India, Ministry of Finance, Department of Expenditure vide No. 1/1/2008-IC dated 19.3.2012. As per this order, those officials who had earned their increment between 1.2.05 and 30.6.05 were provided with one increment in the pre-revised scale on 1.1.2006 and then their pay was fixed on 1.1.2006 as per the fixation formula of 6th CPC. Their first increment in the revised pay was given on 1.7.06. It is to be noted that Rule 10 of CCS (RP) Rules 2008 prescribes a minimum of 6 months’ of serviceas on 1.7 in order to earn the annual increment. By this order dated 19.3.2012, those officials who had spent more than 6 months since their last increment were compensated and their grievance was settled.
            While this order dated 19.3.2012 set right this anomaly, this CCS (RP) Rules 2008 paved way to another anomaly. After 1.1.2006 those who joined service on the 1st of January were granted the increment on 1.7 of that year, immediately on completion of 6 months’ service as stipulated in the RP rules. At the same time those who joined from 2.1 to 30.6 were provided the increment on 1.7 of next year, after a period which is more than 12 months but less than 18 months. It is a contradiction that the same RP rules 2008 which clearly states that “Employees completing 6 months and above in the revised pay structure as on 1st of July will be eligible to be granted the increment” created another section of employees to wait for more than 12 months for their increment in the revised pay scales.
The order dated 19.3.2012 protected the interest of those who were in service on 31.12.2005, and who were to wait for more than 12 months (pre-revised and revised pay together) to earn the increment in the revised scales, due to the introduction of uniform date of increment. At the same time this uniform date of increment created a similar class of employees who had to wait for more than 12 months for earning their increment. It is an irony. This anomaly is there since 1.1.2006.
The recommendations of 7th CPC were implemented with effect from 1.1.2016. This 7th CPC introduced 2 dates of increment on 1.1 and 1.7. Rule 10 of CCS (RP) Rules 2016 is reproduced below. The CCS (RP) Rules 2016 endorses the spirit of the order dated 19.3.12 and assures that no official has to wait for more than 12 months’ for getting the increment.

Rule 10 of CCS (RP) Rules 2016
1.      There shall be two dates for grant of increment namely, 1st January and 1st July of every year, instead of existing date of 1st July. Provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of his appointment, promotion or grant of financial upgradation.
2.      The increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACPS during the period between the 2nd day of January and 1stday of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACPS during the period between the 2nd day of July ad 1st day of January (both inclusive) shall be granted on the 1st day of July.

The only left out category
As on date, all officials are protected against this waiting for a period more than 12 months for increment. Consequent on the orders dated 19.3.2012 and Rule 10 of RP rules 2016 it is assured that no official has to wait for more than 12 months to earn one increment. The only left out category is those officialswho joined service between 2.1 and 30.6 of any year during the period from 1.1.2006 to 31.12.2015. These officials had drawn their first increment on 1.7 of next year after a period which is more than 12 months and less than 18 months. This is not just and it is against natural justice that all officials are assured for one increment in a period not exceeding 12 months’ but a section of employees has to wait for 12 months for getting an increment.
Suggested remedy
As already stated, the 7th CPC introduced two dates of increments viz. 1.1 and 1.7. This introduction of two increment dates opens the door for a remedy to these officials. As these officials in the left out category has the same footing of those officials who got their increments between 1.2.2005 and 30.6.2005 prior to the implementation of 6th CPC, these officials are also entitled for one increment in pre revised scale as done as per order dated 19.3.2012. They deserve the same benefit that was extended by the order dated 19.3.2012. It may be noted that those officials who were the beneficiaries of the order dated 19.3.2012 completed a period of 6 months in the revised pay scales of 6th CPC and balance period in the pre-revised scales whereas those officials in the left out category had spent the entire period which is more than 12 months and less than 18 months in the revised scales of 6th CPC. The only difference is that those officials who were given this benefit on 1.1.2006 had spent more than 12 months’ after getting their last increment in the pre-revised scale whereas these officials had spent more than 12 months before getting their first increment in the revised pay implemented on 1.1.2006 as per 6th CPC.

The Prayer
These officials may be provided one increment in the pre revised scale (6th CPC) on 1.1.2016 and then their pay may be fixed in the 7th CPC scales as done as per order dated 19.3.2012. In this case, the official will get their next increment on 1.7.2016. An order on the same lines of Government of India, Ministry of Finance, Department of Expenditure vide No. 1/1/2008-IC dated 19.3.2012 is to be issued.
It can be stated that after the issue of such orders as above, absolutely there would be no case in which the official is to wait for more than 12 months to earn an increment. I hope the Government will consider this genuine case and issue necessary orders on the same lines of the order 1/1/2008-IC dated 19.3.2012 in order to render justice to these employees.

Article by: R.Hariharakrishnan, Postmaster, Srivaikuntam HO 628601
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