MACP and pay fixation

[agarwal]

My financial upgradation under II MACP scheme granted on 17.2.17 wef 9.7.16. Though it should have been granted in the month of January 2016 as the employees whose MACP is due between April-September should be given in advance.
Meanwhile on 25.7.16, the gazette notification of 7CPC was issued and I have left no option to opt my fixation of 7CPC wef 1.1.16 as II MACP was not granted to me at that time. Later MACP was granted on 17.2.17 wef 9.7.16 . I would have opted 7CPC wef 9.7.16 instead of 1.1.16 if MACP was granted in January 2016.
Due to departmental delay in granting MACP in the month of February 2017 effective from 9.7.16, I have been loosing Rs 2900/- PM in Basic Pay apart from DA etc.
My department does not allow me to opt 7CPC wef 9.7.16 on the plea that option once exercised can not be changed now. My submission is that if MACP would have been granted earlier wef 9.7.16, I could opt 7CPC wef 9.7.16. Can I change the option now. Please suggest the way to change my option of 7CPC wef 9.7.16 instead of 1.1.16. Where should I approach if department does not permit to change my option.

[adribsk87]

I am an employee of the Indian Audit and Accounts Department.

1. The notification of CCS (RP) Rules, 2016, had specified that an employee could have 3 choices of exercising the option of switching over to the 7th CPC pay. Among them, there was one option of switching over to the 7th CPC pay on the date of promotion or the date of grant of financial up-gradation under MACPS. If the up-gradation order has been issued with retrospective effect, you may revise your option to switch over to 7th CPC from the date of up-gradation.

2. Even if you had opted for having your 7th CPC pay fixed w.e.f. 01.01.2016, you could still have your up-graded pay fixed with effect from 09.07.2016, which had been followed in your case, I gather. This option, I believe, would have been beneficial to you because you did not miss out on the arrear pay of the past 6 months, and also got your pay up-graded in terms of 7th CPC. But if you say you have suffered loss, then you might have, I would not have a clear understanding sitting afar.

The FRs say that the option once exercised shall be final, provided that if the pay is revised retrospectively, the employee may be given an opportunity to revise his option. Do go through the FRs in detail. If, in this case, you do believe that you are going to be in a disadvantageous position, you could put in a representation to your higher authorities stating that you want to revise your option. By higher authorities, I mean progressively higher each time. You would have to go through proper channels in this case. You could even write to your Ministry finally, if the matter is not resolved in your Office. If you could quote the proper FR, I believe that it should be resolved in the Office itself.