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1,986 views • Jun 30, 2024 • #Postal #Kayveeyes #Anbudan_Kayveeyes
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Clarification about application of Rule 5 in revised option under Rule 10 of CCS RP Rules – A retrograde order
• Based on the Madhavarao case judgment delivered by Hyderabad CAT revised option to come over to revised pay structure of 7th CPC was issued by the Department of Posts vide its No. 02-17/2022-PAP dated 31.1.2023.
• The order was challenged by the DPAs and sought clarification about the applicability of Rule 5 of the CCS RP Rules.
• As per Rule 5 of CCS RP Rules, provides option only for promotion or upgradation taking place up to 25.7.2016. (Date of notification of said rules)
• The Dept of Posts sought clarification and MOF vide its ID Note 03-03/2018-E.III dated 16.4.2024 clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS RP Rules 2016 ie. 25.7.2016 is not in consonance with the provisions of Rule 5.
• Therefore the DOP withdrew the 31.1.2023 orders and directed to cancel …...more
Clarification about application of Rule 5 in revised option under Rule 10 of CCS RP Rules – A retrograde order
• Based on the Madhavarao case judgment delivered by Hyderabad CAT revised option to come over to revised pay structure of 7th CPC was issued by the Department of Posts vide its No. 02-17/2022-PAP dated 31.1.2023.
• The order was challenged by the DPAs and sought clarification about the applicability of Rule 5 of the CCS RP Rules.
• As per Rule 5 of CCS RP Rules, provides option only for promotion or upgradation taking place up to 25.7.2016. (Date of notification of said rules)
• The Dept of Posts sought clarification and MOF vide its ID Note 03-03/2018-E.III dated 16.4.2024 clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS RP Rules 2016 ie. 25.7.2016 is not in consonance with the provisions of Rule 5.
• Therefore the DOP withdrew the 31.1.2023 orders and directed to cancel the benefit granted based on the said orders.
• The file noting about the decision was obtained under RTI in which the question under has not been reviewed as per the CAT judgment.
• As per the CAT judgment in the case of Madhavarao, it is directed to elaborate the word of subsequent increment mentioned in the Rule 5 of CCS RP Rule.
• But DOE has not defined it in its letter dated 26.5.2024 or in the file noting which may not be correct and not as per the Court direction.
• As per the previous Pay commissions, it was allowed to opt for after subsequent increments.
• Instead of defining the Rule 5 about subsequent increment, as subsequent increments, the DOE has only clarified the situation to deny the rights and vitiates the content and crux of the judgment. This is my opinion.
• The affected who are facing huge recovery may think of filing a case through a good advocate.
DG(P) No. 02-17/2022-PAP (Part I) dated 26.5.2024)
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Rule 10 CCS RP Rules
Rule 5
Option
Pay fixation
7th pay Commission…...more