7th Pay Commission Railway Services Revised Pay Rules, 2016

7th Pay Commission Railway Services Revised Pay Rules, 2016

Gazette Notification

MINISTRY OF RAILWAYS
(Railway Board)
NOTIFICATION
New Delhi, the 28th July, 2016

RBE No. 90/2016

G.S.R. 746(E).— In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules, namely:-

1. Short title and commencement: –

(1) These rules may be called the Railway Services (Revised Pay) Rules, 2016.

(2) They shall be deemed to have come into force on the 1st day of January, 2016.

2. Categories of Railway servants to whom the rules apply: –

(1) Save as otherwise provided by or under these rules, these rules shall apply to persons appointed to Railway services.

(2) These rules shall not apply to : –

(i) Permanent employees of former Indian States absorbed in Railway Services so long as such persons continue to be governed by the pre-absorption conditions of service under the Railway Services;

(ii) persons locally recruited for services in Diplomatic, Consular or other Indian establishments in foreign countries;

(iii) persons not in whole-time employment;

(iv) persons paid out of contingencies;

(v) persons paid otherwise than on a monthly basis including those paid only on a piece-rate basis;

(vi) persons employed on contract except where the contract provides otherwise;

(vii) persons re-employed in Railway service after retirement;

(viii) any other class or category of persons whom the President may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules.

3. Definitions: – In these rules, unless the context otherwise requires: –

(i) “existing basic pay” means pay drawn in the prescribed existing Pay Band and Grade Pay or pay in the existing scale;

(ii) “existing Pay Band and Grade Pay” in relation to a Railway servant means the Pay Band and the Grade Pay applicable to the post held by the Railway servant as on the date immediately before the notification of these Rules whether in a substantive capacity or in officiating capacity;

(iii) “existing scale” in relation to a Railway servant means the pay scale applicable to the post held by the Railway Servant as on the date immediately before the notification of these Rules in the Higher Administrative Grade, Higher Administrative Grade + and the Apex scale whether in a substantive or officiating capacity;

(iv) “existing pay structure” in relation to a Railway Servant means the present system of Pay Band and Grade Pay or the Pay Scale applicable to the post held by the Railway Servant as on the date immediately before the coming into force of these Rules whether in a substantive or officiating capacity.

Explanation- The expressions “existing basic pay”, “existing P ay Band and Grade Pay” and “existing scale”, in respect of a Railway Servant who on the 1st day of January, 2016 was on deputation out of India or on leave or on foreign service, or who would have on that date officiated in one or more lower posts but for his officiating in a higher post, shall mean such basic pay, Pay Band and Grade Pay or scale in relation to the post which he would have held but for his being on deputation out of India or on leave or on foreign service or officiating in higher post, as the case may be;

(v) “existing emoluments” mean the sum of (i) existing basic pay and (ii) existing dearness allowance at index average as on 1st day of January, 2016;

(vi) “Pay Matrix” means Matrix specified in Part A of the Schedule, with Levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay or scale;

(vii) “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay or scale specified in Part A of the Schedule;

(viii) “pay in the Level” means pay drawn in the appropriate Cell of the level as specified in Part A of the Schedule;

(ix) “revised pay structure” in relation to a post mea ns the Pay Matrix and the Levels specified therein corresponding to the existing Pay Band and Grade Pay or scale of the post unless a different revised Level is notified separately for that post;

(x) “basic pay” in the revised pay structure means the pay drawn in the prescribed Level in the pay matrix;

(xi) “revised emoluments” means the pay in the Level of a Railway servant in the revised pay structure; and

(xii) “Schedule” means a schedule appended to these Rules .

4. Level of posts: – The Level of posts shall be determined in accord ance with the various Levels as assigned to the corresponding existing Pay Band and Grade Pay or scale as specified in the Pay Matrix.

5. Drawal of pay in the revised pay structure: – Save as otherwise provided in these rules, a Railway servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed:

Provided that a Railway servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure:

Provided further that in cases where a Railway servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these Rules on account of promotion or upgradation, the Railway servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.

Explanation 1 – The option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.

Explanation 2 – The aforesaid option shall not be admissible to any person appointed to a post for the first time in Railway Service or by transfer from another post on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.

Explanation 3 – Where a Railway servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that Pay Structure under Rule 1313 (FR 22) of Indian Railway Establishment Code, Volume II, or under any other rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.

6. Exercise of Option: –

(1) The option under the provisos to Rule 5 shall be exercised in writing in the form appended to these Rules so as to reach the authority mentioned in sub- rule (2) within three months of the date of notification of these rules or where any revision in the existing pay structure is made by any order subsequent to the date of notification of these rules, within three months of the date of such order:
.
Provided that –

(i) In the case of a Railway servant who is, on the date of such notification or, as the case may be, date of such order, out of India on leave or deputation or foreign service or active service, the said option shall be exercised in writing so as to reach the said authority within three months of the date of his taking charge of his post in India; and

(ii) where a Railway servant is under suspension on the 1st day of January, 2016, the option may be exercised within three months of the date of his return to his duty if that date is later than the date prescribed in this sub-rule.

(2) The option shall be intimated by the Railway servant to the Head of his Office along with an undertaking, in the form appended to these rules.

(3) If the intimation regarding option is not received by the authority within the time specified in sub-rule (1), the Railway servant shall be deemed to have elected to be governed by the revised pay structure with effect from the 1st day of January, 2016.

(4) The option once exercised shall be final.

Note 1 – Persons whose services were terminated on or after 1st January, 2016 and who could not exercise the option within the prescribed time limit, on account of discharge on the expiry of the sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, shall be entitled to exercise option under sub-rule (1).

Note 2 – Persons who have died on or after the 1st day of January, 2016 and could not exercise the option within prescribed time limit are deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or such later date as is most beneficial to their dependents if the revised pay structure is more favourable and in such cases, necessary action for payment of arrears shall be taken by the Head of Office.

Note 3 – Persons who were on earned leave or any other leave on 1st day of January, 2016 which entitled them to leave salary shall be entitled to exercise option under sub-rule (1).

7. Fixation of pay in the revised pay structure:-

(1) The pay of a Railway servant who elects, or is deemed to have elected under 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 President 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 such lien 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 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 minimum pay or the first Cell of that applicable Level.

(B) In the case of medical officers in respect of whom Non Practicing Allowance (NPA) is admissible, the pay in the revised pay structure shall be fixed in the following manner :

(i) the existing basic pay shall be multiplied by a factor of 2.57 and the figure so arrived at shall be added to by an amount equivalent to Dearness Allowance on the pre-revised Non-Practicing Allowance admissible as on 1st day of January, 2016. 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) The pay so fixed under sub-clause (i) shall be added by the pre-revised Non Practicing Allowance admissible on the existing basic pay until further decision on the revised rates of Non Practicing Allowance.

Illustration:

(2)  Where a post has been upgraded as a result of the recommendations of the Seventh Central Pay Commission, the existing basic pay will be arrived at by adding the Pay drawn by the concerned employee in the existing Pay Band plus the Grade Pay corresponding to the Level to which the post has been upgraded and, the fixation of pay shall be done in the manner prescribed in accordance with Clause (A) of sub rule (1).

Illustration:

(3) A Railway Servant who is on leave on the 1st day of January, 2016 and is entitled to leave salary shall be entitled to pay in the revised pay structure from 1st day of January, 2016 or the date of option for the revised pay structure.

(4) A Railway servant who is on study leave on the 1st day of January, 2016 shall be entitled to the pay in the revised pay structure from 1st day of January, 2016 or the date of option.

(5) A Railway 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.

(6) Where a Railway servant holding a permanent post is officiating in a higher post on a regular basis and the pay structure applicable to these two posts are merged into one Level, the pay shall be fixed under sub-rule (1) with reference to the officiating post only and the pay so fixed shall be treated as substantive pay.

(7) Where the existing emoluments exceed the revised emoluments in the case of any Railway servant, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

(8) Where in the fixation of pay under sub-rule (1), the pay of a Railway servant, who, in the existing pay structure, was drawing immediately before the 1st day of January, 2016 more pay than another Railway 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.

(9) Where a Railway servant is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceed the revised emoluments, then the difference representing such excess shall be allowed to such Railway servant as personal pay to be absorbed in future increase in pay.

(10) (i) In cases where a senior Railway 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 senior Railway servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such stepping up shall be done with effect from the date of promotion of the junior Railway servant subject to the fulfilment of the following conditions, namely: –

(a) Both the junior and the senior Railway 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 Railway servants at the time of promotion are drawing equal or more pay than the junior;

(d) the anomaly is directly as a result of the application of the provisions of Rule 1313 (FR 22) of Indian Railway Establishment Code, Volume II or any other rule or order regulating pay fixation on such promotion in the revised pay structure :

Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub-rule shall not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Rule 1321 (FR 27) of Indian Railway Establishment Code, Volume II and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

(11) 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.

8. Fixation of pay of employees appointed by direct recruitment on or after 1st day of January, 2016: – The pay of employees appointed by direct recruitment on or after 1st day of January, 2016 shall be fixed at the minimum pay or the first Cell in the Level, applicable to the post to which such employees are appointed :

Provided that where the existing pay of such employee appointed on or after 1st day of January, 2016 and before the date of notification of these rules, has already been fixed in the existing pay structure and if his existing emoluments happen to exceed the minimum pay or the first Cell in the Level, as applicable to the post to which he is appointed on or after 1st day of January, 2016, such difference shall be paid as personal pay to be absorbed in future increments in pay.

9. Increments in Pay Matrix: – The increment shall be as specified in the vertical Cells of the applicable Level in the Pay Matrix

Illustration:

10. Date of next increment in the revised pay structure: –

(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 Modified Assured Career Progression Scheme (MACPS) during the period between the 2nd day of January and 1st day 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 and 1st day of January (both inclusive) shall be granted on 1st day of July.

Illustration:

(a) In case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between the 2nd day of July, 2016 and the 1st day of January, 2017, the first increment shall accrue on the 1st day of July, 2017 and thereafter it shall accrue after one year on annual basis.

(b) In case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between 2nd day of January, 2016 and 1st day of July, 2016, who did not draw any increment on 1st day of July, 2016, the next increment shall accrue on 1st day of January, 2017 and thereafter it shall accrue after one year on annual basis:

Provided that in the case of employees whose pay in the revised pay structure has been fixed as on 1st day of January, 2016 the next increment in the Level in which the pay was so fixed as on 1st day of January, 2016 shall accrue on 1st day of July, 2016:

Provided further that the next increment after drawal of increment on 1st day of July, 2016 shall accrue on 1st day of July, 2017.

(3) Where two existing Grades in hierarchy are merged and the junior Railway servant in the lower Grade happens to draw more pay in the corresponding Level in the revised pay structure than the pay of the senior Railway servant, the pay of the senior Railway servant shall be stepped up to that of his junior from the same date and he shall draw next increment in accordance with this rule.

11. Revision of pay from a date subsequent to 1st day of January, 2016:– Where a Railway servant who continues to draw his pay in the existing pay structure is brought over to the revised pay structure from a date later than 1st day of January, 2016, his pay in the revised pay structure shall be fixed in the manner prescribed in accordance with clause (A) of sub-rule (1) of rule 7.

12. Pay protection to officers on Central deputation under Central Staffing Scheme:-If the pay of the officers posted on deputation to the Central Government under Central Staffing Scheme, after fixation in the revised pay structure either under these rules or as per the instructions regulating such fixation of pay on the post to which they are appointed on deputation, happens to be lower than the pay these officers would have been entitled to, had they been in their parent cadre and would have drawn that pay but for the Central deputation, such difference in the pay shall be protected in the form of Personal Pay with effect from the date of notification of these rules.

13. Fixation of pay on promotion on or after 1st day of January, 2016.-The fixation of pay in case of promotion from one Level to another in the revised pay structure shall be made in the following manner, namely:-

(i) One increment shall be given in the Level from which the employee is promoted and he shall be placed at a Cell equal to the figure so arrived at in the Level of the post to which promoted and if no such Cell is available in the Level to which promoted, he shall be placed at the next higher Cell in that Level.

Illustration:

(ii) In the case of Railway servants receiving Non Practicing Allowance, their basic pay plus Non Practicing Allowance shall not exceed the average of basic pay of the revised scale applicable to the Apex Level and the level of the Cabinet Secretary.

14. Mode of payment of arrears of pay:-The arrears shall be paid during the Financial Year 2016-2017.

Explanation.-For the purpose of this rule, “arrears of pay” in r elation to a Railway servant, means the difference between-

(i) the aggregate of the pay and dearness allowance to which he is entitled on account of the revision of his pay under these rules for the period effective from the 1st day of January, 2016; and

(ii) the aggregate of the pay and dearness allowance to which he would have been entitled (whether such pay and dearness allowance had been received or not) for that period had his pay and allowances not been so revised.

15. Overriding effect of Rules.-The provisions of the Railway Fundamental Rules, the Railway Services (Revision of Pay) Rules, 1947, the Railway Services (Authorised Pay) Rules, 1960, the Railway Services (Revised Pay) Rules, 1973, the Railway Services (Revised Pay) Rules, 1986, the Railway Services (Revised Pay) Rules, 1997 and the Railway Services (Revised Pay) Rules, 2008 shall not save as otherwise provided in these rules, apply to cases where pay is regulated under these rules, to the extent they are inconsistent with these rules.

16. Power to relax.-Where the President is satisfied that the operation of all or any of the provisions of these rules causes undue hardship in any particular case, he may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner.

17. Interpretation.- If any question arises relating to the interpretation of any of the provisions of these Rules, it shall be referred to the Railway Board for decision.

SCHEDULE
[See rules 3(vi) and 7(2)]

PART – A

Pay Matrix

Revised Pay Structure for posts in Group ‘C’, ‘B’, & ‘A’ except posts for which different revised pay structure is issued separately

Notes:

1. The revised pay structure is applicable to all categories of Railway servants irrespective of their designations strictly on the basis of the existing pay structure except as may be specifically prescribed otherwise by Ministry of Railways (Railway Board).

2. The existing classification of Railway servants in Group ‘C’, ‘B’ & ‘A’ on the basis of the existing p ay structure will continue in the revised pay structure till further orders except as may be specifically prescribed otherwise by Ministry of Railways (Railway Board). No change in the classification should be made in the revised pay structure.

FORM OF OPTION

[See Rule 6 (2)]

*1.       I, ____________________________________________ hereby elect the revised pay structure with effect from 1st January, 2016.

*2.       I, ____________________________________________ hereby elect to continue on Pay Band and Grade Pay of my substantive / officiating post mentioned below until:

*            the  date  of  my  next  increment  /  the  date  of  my  subsequent  increment  raising  my  pay  to  Rs.___________________ / I vacate or cease to draw pay in the existing pay structure / the date of my promotion/upgradation to the post of _______________________.

Existing Pay Band and Grade Pay_____________________________________

Signature___________________________

Name ______________________________

Designation__________________________

Office in which employed _____________________________

*          To be scored out, if not applicable.

UNDERTAKING

I hereby undertake that in the event of my pay having been fixed in a manner contrary to the provisions contained in these Rules, as detected subsequently, any excess payment so made shall be refunded by me to the Government either by adjustment against future payments due to me or otherwise.

Signature___________________________

Name ______________________________

Designation__________________________

Date :

Place :

MEMORANDUM EXPLANATORY TO THE RAILWAY SERVICES (REVISED PAY) RULES, 2016

Rule 1 – This rule is self-explanatory.

Rule 2 – This rule lays down the categories of employees to whom the rules apply. Except for the categories excluded under sub-rule (2), the rules are applicable to all persons under the rule making control of the President serving under the administrative control of the Railway Board.

Rule 3 & 4 – These rules are self-explanatory.

Rule 5- The intention is that all Railway servants should be brought over to the revised pay structure except those who elect existing pay structure. The Railway Servants who exercise the option to continue in the existing pay structure will continue to draw the dearness allowance at the rates in force on 1st January, 2016. If a Railway servant is holding permanent post in a substantive capacity and officiating in a higher post, or would have officiated in one or more posts but for his being on deputation etc., he has the option to retain the existing pay structure only in respect of one scale. Such a Railway servant may retain the existing scale applicable to a permanent post or any one of the officiating posts. In respect of the remaining posts he will necessarily have to be brought over to the revised pay structure.

Rule 6 – This rule prescribes the manner in which option has to be exercised and also the authority who shall be apprised of such option. The option has to be exercised in the form appended to the rules. It should be noted that it is not sufficient for a Railway servant to exercise the option within the specified time limit but also to ensure that it reaches the prescribed authority within the time limit. In the case of persons who are outside India at the time of notification of these rules, the period within which the option has to be exercised is three months from the date they take over charge of the post in India. In the case of Railway servants the revised pay structure of whose posts are announced subsequent to the date of issue of these rules, the period of three months will run from the date of such announcement.

Persons who have retired between 1st January, 2016 and the date of notification of these rules are also eligible to exercise option.

Rule 7 – This rule deals with the actual fixation of pay in the revised pay structure on 1st January, 2016 and is self explanatory. The benefit of this rule is not admissible in cases where a Railway servant has elected the revised pay structure in respect of his substantive post, but has retained the existing scale in respect of an officiating post.

Rule 8 – This Rule prescribes the method of fixation of pay of employees appointed on direct recruitment on or after 1st day of January, 2016.

Rule 9 & 10 – These rules prescribe the manner in which the next increment in the new pay structure shall be regulated.

Rule 11 to 17 – These rules are self-explanatory.

[F. No. PC-VII/2016/RSRP/1]

K. VERMA, Secy./Railway Board

Railway Rules 2016 – Original Copy