Clarificatory Instructions regarding granting of step up of pay.

No. FIN(PR)-B(7)-1/2009-III
Government of Himachal Pradesh
Finance (Pay Revision) Department.

From
Principal Secretary (Finance) to the
Government of Himachal Pradesh.

To
1. All the Administrative Secretaries to the
Government of Himachal Pradesh.

Dated: Shimla-171 002, the 10th September, 2013.

Subject:- Clarificatory Instructions regarding granting of step up of pay.

Sir/Madam,
    I am directed to Invite a reference to this Department's letters No. Fin(PR)B(7)-1/2009 dated: 05.10.2010. FIN(PR)B(7)-1/2009-III dated: 27.01.2012 and Fin(C)-B(15)-2/2009 dated: 04.04.2013, all containing clarificatory Instructions regarding removal of anomaly by stepping up the pay of senior Government employees drawing less pay than their juniors due to application of Rule-22 of Fundamental Rules and protection of pay as per provisions of Rule 11-A of the Himachal Pradesh Civil Services (Revised Pay) Rules. 2009.

   2. The Rule 11-A of Himachal Pradesh Civil Services (Revised Pay) Rules, 2009, as inserted vide Notification No. Fin(PR)B(7)-1/2009 dated 13th October, 2009 regulates the protection of benefits under the old Assured Career progression Scheme, operation of which was stopped w.e.f. 27.08.2009. Accordingly, the benefits drawn under the prevalent Assured Career Progression Scheme (8-16-24-32) have been protected in the revised pay scales upto 26.08.2009. A new Assured Career Progression Scheme after completion of 4, 9 & 14 years service in a cadre/post has been introduced w.e.f. 27.08.2009 with an option that employees can retain the old Assured Career Progression Scheme after completion of 8, 16, 24 & 32 years' service vide this Department's letter No. Fin(PR)-B(7)-59/2010 dated: 09.08.2012. Para 4(g) and 4(h) of these instructions provide as under:-

   4(g). The progressions granted under this scheme shall be purely personal to the employee and shall have no relevance to his seniority position. As such, the senior employees shall have no claim of parity of pay on the ground that the junior employee working on the same post has got higher payor grade pay under this scheme. While implementing this scheme, the difference in pay scales on account of grant of financial upgradation under the old ACP Scheme (l5.12.1998) under this scheme within the same cadre shall not be construed as an anomaly.

   4(h). No stepping up of pay in the pay band and grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under this scheme.

   3. From the plain reading of above provisions of the Assured Career Progression Schemes effective from 27.08.2009. it is 'crystal clear that no step up of pay is admissible on account of implementation of this scheme w.e.f. 27.08.2009 the harmonious construction of all the instructions referred to above is that after 27.08.2009 the step up of pay is admissible only in the cases where anomaly occurs due to operation of provisions of FR-22, on promotion from one post to another that too subject to fulfillment of conditions contained in the rules ibid. In other words, it is clear that the protection of pay, if any, on account of grant of benefits under the old Assured Career Progression Schemes was admissible only upto 26.08.2009, the date upto which protection under the Assured Career Progression Scheme was allowed under Rule 11-A of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2009,
.
   4. These instructions may please be brought to the notice of the all concerned for strict compliance and are also available on http://himachal.gov.in/finance/PayRevision.htm

Yours faithfully,

Sd/-
(K.R. Bharti)
Special Secretary (Finance) to the
Government of Himachal Pradesh.

Source:http://www.himachal.nic.in/finance/PayRevision/ClarificatoryIns10Sep_A1b.pdf