7th CPC Pay Fixation Illustration for Maharashtra Govt Employees

7th CPC Pay Fixation Illustration for Maharashtra Govt Employees

Illustration-1 Pay fixation under Rule 7(1)

Illustration-2 Pay fixation under Rule 7(1)

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(2) Subject to the provisions of rule 5, if the pay as fixed in the officiating post under sub-rule (1) is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.

Fixation of initial pay in revised pay structure.-
(1) The initial pay of a Government servant who elects under sub-rule (1) of rule 6 or is deemed to have elected under sub-rule (3) of rule 6, to be governed by the revised pay structure on and from the 1st day of January 2016, shall, unless in any case, the Governor by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely :-

(A) In the case of all employees,-

(i) The pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay immediately before the 1st day of January 2016 by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at will be located in that Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable.

Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix.

(ii) If the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per sub-clause (i) above, the pay shall be fixed at the minimum pay or the first Cell of the applicable Level:

Provided that, in cases where in revision of pay, the pay of Government servants drawing pay at two or more consecutive stages in the existing Pay Band and Grade Pay or scale, as the case may be, get fixed at the same Cell in the applicable Level in the Pay Matrix; one additional increment shall be given for every two stages bunched and the pay of Government servant drawing higher pay in existing Pay Band and Grade Pay or scale shall be fixed at the next vertical Cell in the applicable Level. Thereafter, the provisions of rule 10 shall be applicable for grant of next increment.

Explanation.- For the purpose of above proviso, the pay drawn by two Government servants in a given Pay Band and Grade Pay or scale, where the higher pay is at least 3% more than the lower pay shall constitute two stages. If the Government servants drawing pay where the difference is less than 3% then he shall not be entitled for this benefit.

All pay stages lower than Entry Pay in existing pay structure (Pay Band and Grade) as indicated in the Annexure-III of the Maharashtra Civil Services (Revised Pay) Rules, 2009 published in Maharashtra Government Gazette vide Government Notification, Finance Department, No. RPS 1209 /CR-27/SER-9, dated 22nd April 2009, shall not be considered for determining the extent of bunching :

Provided further that, in case of Government servant who had been stagnating at the maximum of the Pay Band or scale in the existing pay structure, as the case may be, for more than two years as on the 1st day of January 2016, one increment shall be granted in applicable Level in the Pay Matrix from the 1st day of January 2016, for every two completed years of stagnation, subject to condition that, the pay arrived at after grant of such increment (s) does not exceed the maximum the applicable Level in the Pay Matrix. Thereafter, provisions of rule 10 shall be applicable for grant of next increment.

(B) In the case of Government servant who is in receipt of special pay or allowance in addition to pay in the existing scale which has been recommended for replacement by Level in Pay Matrix without any special pay or allowance, the pay shall be fixed in the revised pay structure in accordance with the provisions of clause (A) above.

(C) In the case of Government servant who is in receipt of special pay component with any nomenclature in addition to pay in the existing pay structure and in whose case the same has been replaced in the revised pay structure with corresponding allowance or pay at the same rate or at a different rate, the pay in the revised pay structure shall be fixed in accordance with the provisions of clause (A) above.

Note 1.- (i) A Government servant who is on leave on the 1st day of January 2016 and is entitled to leave salary shall become entitled to pay in the revised pay structure from the 1st day of January 2016 or the date of option for the revised pay structure.

Similarly, where a Government servant is on study leave on the 1st day of January 2016 he will be entitled to the benefits under these Rules from the 1st day of January 2016 or the date of option.

(ii) A Government servant who is on extraordinary leave on medical grounds prior to the 1st day of January 2016 and retired by superannuation or died on or after the 1st day of January 2016 without resuming his office, his pay in the revised pay structure shall be fixed notionally under this rule only for the purpose of granting admissible pensionary benefits as per the applicable rules, no arrears on account of fixation of pay in the revised pay structure shall be admissible.

(iii) A Government servant who is on extraordinary leave for other than medical reasons prior to the 1st day of January 2016 and retired on or after the 1st day of January 2016 without resuming his office, shall not be entitled for the benefits of these Rules, however, his pensionary benefits shall be granted as per the applicable rules in unrevised pay structure.

Note 2.- A Government servant under suspension shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.

Note 3.- Where a Government servant is holding a permanent post and is officiating in a higher post on a regular basis and the pay structure applicable to these two posts are merged into one Level of the Pay Matrix, the pay shall be fixed under this sub-rule with reference to the officiating post only, and the pay so fixed shall be treated as substantive pay. The provisions of this Note shall apply mutatis mutandis, to Government servant holding in an officiating capacity, posts on different existing pay structures which have been replaced by the revised pay structure.

Note 4.- Where the existing emoluments exceeds the revised emoluments in the case of any Government servant, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

Note 5.- Where in the fixation of pay under this sub-rule, the pay of a Government servant, who in the existing pay structure was drawing immediately before the 1st day of January 2016 more pay than another Government servant junior to him in the same cadre, gets fixed in the revised pay structure in a Cell lower than that of such junior, his pay shall be stepped up to the same Cell in the revised pay structure as that of the junior.

Note 6.- Where a Government servant is in receipt of personal pay immediately before the 1st day of January 2016 which together with his existing emoluments exceeds the revised emoluments, then, the difference representing such excess shall be allowed to such Government servant as personal pay to be absorbed in future increases in pay.

Note. 7- In cases where two existing pay structures, one being a promotional pay structure for the other are merged and the junior Government servant, drawing his pay at equal or lower stage in the existing lower pay structure happens to draw more pay in the revised pay structure than the pay of the senior Government servant in the existing higher pay structure, the pay in the revised pay structure shall be stepped up to that of his junior from the same date and thereafter, provisions of rule 10 shall be applicable for grant of next increment.

Note 8.- (i) In the cases where a senior Government servant promoted to a higher post before the 1st day of January 2016 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of January 2016, the pay of the senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay in the revised pay structure as fixed for his junior in that higher post.

The stepping up should be done with effect from the date of promotion of the junior Government servant subject to the fulfillment of the following conditions, namely:-

(a) both the junior and the senior Government servant belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the existing pay structure and the revised pay structure of the lower and
higher posts in which they are entitled to draw pay are identical;

(c) the senior Government servant at the time of promotion is drawing equal or more pay than the junior;

(d) the anomaly is directly as a result of the application of the provisions of
rule 11 of the Maharashtra Civil Services (Pay) Rules, 1981 or any other rule or order regulating pay fixation on such promotion in the revised pay structure:

Provided that, if the junior Government servant was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provision of this Note shall not be applicable to step up the pay of the senior Government servant.

(ii) The order relating to re-fixation of the pay of the senior Government servant in accordance with clause (i) above shall be issued under rule 40 of the Maharashtra Civil Services (Pay) Rules, 1981 and the senior Government servant shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.