AMENDMENTS OF SERVICE RULES

Qualifying Service For Merged Grades-DOPT ORDER Subject : Sixth Central Pay Commission's recommendations - revision of pay scales - amendment of Service Rules / Recruitment Rules The recomdmendations of 6th CPC have been considered by the Government and the CCS (Revised Pay) Rules2008 have since been notified on 29th August, 2008. Consequently, in place of the pre-revised pay scales, the revised pay structure comprising the Pay Band and Grade Pay / Pay Scales has come into effect. Some of the pre-revised pay scales have been merged and some others are upgraded / likely to be upgraded. In the light of these, it has been decided that the following consequential steps to amend the existing Service Rules / Recruitment Rules shall be undertaken on a priority basis: (i) Substituting the existing scales by the Grade Pay along with the Pay Band The existing pay scales have to be substituted by the new pay structure (Pay Band and Grade Pay / Pay Scale)straightaway without making a reference to the Department of Personnel and Training (DOP&T) / Union Public Service Commission (UPSC). The heading of column No. 4 of the Scheule on RRs may be modified to Pay Band and Grade Pay / Pay Scale". In cases where deputation is also one of the methods of recruitment, the field of selection for deputation, which might include various grades, should also reflect the corresponding Grade Pay along with the Pay Band / Pay Scale, and the minimum eligibility service as per the revised guidelines, as enclosed in Annexure (ii) Where there is an up gradation of posts The instructions issued by Department of Expenditure under OM No. 1/1/2008-iC dated 13 th September, 208 and DoPT OM No. AB- 14017/66/08-Estt (RR) dated 9th March, 2009 may be applied in such cases. However, for each of the merged grades, a single set of Recruitment Rules may be formulated and notified. (iii) Consequential changes It is necessary to make consequential changes in the Recruitment Rules / Service Rules so as to prescribe eligibility conditions with reference to the revised Grade Pay / Pay Scale. It is also necessary to review other columns of the Recruitment Rules / Service Rules, where some minimum service in a particular scale / grade is prescribed for consideration for appointment on deputation / absorption etc., keeping in view particularly the merger of a number of pre-revised scales, upgradation of some scales and the consequential changes in the minimum eligibility service in a grade. (iv) Department Promotion Committee (DPC) Where two or more scales have been merged, the existing DPC for the higher / highest grade will be the DPC for the merged grade. (v) Regulation of regular rendered in the pre-revised scales The revised pay structure approved includes a number of 'merged grades' with a common grade pay and the concept of pay bands with grade pay introduced effective from 1.1.2006. Insofar as the issue of regulation of service rendered prior to 1.1.2006 is concerned, while the general rule may be that such regular service be deemed to be service rendered in the corresponding grade pay / pay scale approved effective from 1.1.2006 or from a subsequent date, as the case maybe, this formulation cannot apply in cases where there has been merger of more than one grade into one with a single grade pay/ pay scale. Since the merger is effective from 1.1.2006 only, even notional benefits of the merger cannot be extended for periods falling prior to 1.1.2006. A Note to the following effect may, therefore, be inserted under col.12 of the Schedule on RRs, and under relevant provisions in Service Rules, to take care of the requirements: Note: For the purpose of computing minimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to 1.1.2006 / the date from which the revised pay structure based on the 6th CPC recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay / pay scale extended based on the recommendations of the Commission. For purposes of appointment on deputation / absorption basis, the service rendered on a regular basis by an officer prior to 1.1.2006 / the date from which the revised pay structure based on the 6th CPC recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay / pay scale extended based on the recommendations of the Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay / pay scale, and where this benefit will extend only for the post(s) for which that grade pay / pay scale is the normal replacement grade without any upgradation. 2. The Recruitment Rules / Service Rules are of statutory nature. Therefore, the changes brought out by other relevant instructions have to be incorporated in the Recruitment Rules / Service Rules by suitable amendments so that the necessary steps like holding of DPC etc. are taken to fill the post carrying the revised Grade Pay / Pay Scale on regular basis. All the Ministries / Departments are, therefore, requested to effect necessary amendments to the Recruitment Rules / Service Rules notified by them after following the normal procedure of furnishing proposals to the Department of Personnel and Training and the UPSC in the format prescribed in the general guidelines on Recruitment Rules circulated by the DOPT OM No. 14017/12/87-Estt.(RR) dated 18.3.1988, and also in consultation with the Legislative Department. 3. Ministries/Departments may initiate action to complete the review in this regard and furnish necessary amendment proposals to the DOPT and the UPSC in the case of Group A and Group B posts within six months from the date of issue of this Office Memorandum. They may also, simultaneously, take similar action in respect of Recruitment Rules for Group C and D posts, which are within their delegated powers. Appropriate action to update the Service Rules for organized Group A, B Services etc. shall also be taken up with DOPT / UPSC within a period of Six Months. . (S.J.Kumar) Deputy Secretary to the Government of India To see the order and qualifying service(number of years) details visit:http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/14017_61_2008-Estt.(RR).pdf

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