REGULATION
OF
INCREMENTS
UNDER
VARIOUS
CONTINGENCIES EMPHASIZING NON-QUALIFYING PERIOD
INCREMENTS
The annual increase in pay is drawn as a matter of course from 1 st
of the month in which it falls due, except when it is withheld as a statutory
punishment. If a Govt. servant is on leave or is availing joining time on the
1st of the month on which increment falls due, the increased pay will be
drawn only from the date on which he resumed duty and not from the first of
that month.
An increment falling due during leave shall not be drawn till the
Govt. servant returns to duty. This is because during leave, the Govt. servant
is entitled to draw only leave salary which is based on the pay drawn by him
before proceeding on leave. This will not however, have the effect of
postponing of future increments provided that the portion of the leave period
falling after the due date of increment also count for increment.
The increment falling during the period of joining time will also
be drawn only on joining the new post, since under Rule 7 of CCS (joining
time) Rules 1979, a Govt. servant on joining time will draw joining time
pay equal to the pay which was drawn before relinquishment of charge in the
old post.
2.
Drawal of increment from 1st of the month in which it falls due:-
With effect from 1-11-1973, an increment shall be granted from
the first of the month in which it falls due instead of from the actual date on
which it accrues.
(1)
(2)
(3)
(4)
The following periods will count for increments:All periods of duty.
Service in another posts.
All kinds of leave other than E.O.L..
EOL granted
(a) On Medical Certificate.
(b) Other than on Medical Certificate but due to the inability of the
Government servant to join duty on account of civil commotion.
(c) For prosecuting technical and scientific studies.
(5)
(6)
(7)
(8)
Deputation out of India.
Foreign Service.
Joining Time
Period of training before appointment on stipend or otherwise.
3.
ADVANCE INCREMENT (S)
An Authority, who is competent to create a post, whether
temporary or permanent, may grant advance increment(s) not only to the
incumbent of the post created under his own power but also to those
appointed to other post in the same cadre on the same scale of pay, created
with the concurrence of the higher authorities. This power to grant advance
increment is invoked also in the cases when the pay of a Government servant
has to be fixed under certain circumstances and also to remove anomalies in
fixation of pay.
4.
STAGNATION INCREMENT (S)
(I)
Admissible to all employees, the maximum of whose pay scale does
not exceed Rs.22,400.
(II) Not admissible to those drawing fixed pay.
5.
Method of counting broken period
Broken periods are to be counted as per following illustrations:
To calculate 3 months and 20 days on and from 25 th January, the
following should be adopted:Year
Month
Days
th
st
25 January to 31 January
--7
February to April
-3
-th
Ist May to 13 May
--13
_____________________
__
3
20
_____________________
(a)
(b)
The period commencing on 30th January and ending with 2nd March
should be deemed as 1 month 4 days as under:-
Year
Month
Days
30 January to 31 January
__
__
2
February
__
1
__
nd
Ist March to 2 March
__
__
2
_________________________
__
1
4
_________________________
th
(c) The period commencing on 5 January and ending with 26th March
should be deemed as 2 months and 23 days as under:Year
Month
Days
5th January to 31st January
__
__
27
February
__
1
__
st
th
1 March to 26 March
__
__
26
_______________________
__
2
23
_______________________
th
st
6.
Method for counting period of Increments
As per proviso to Rule 26 (a) FR, for the purpose of arriving at
the date of increment in that time scale, the total of all such periods as do not
count for increment in that time scale, shall be added to the normal date of
increment. In other words, the date of next increment is postponed by the
non qualifying periods as under:(1) Date of last increment : 1-06-2000
(2) Period of EOL, suspension and other period not counting for increment
From
To
Particulars
Period
Y
M D
29-7-2000
31-7-2000
EOL without MC
__ __ 3
7-10-2000
2-1-2001
Suspension(Not counting)
__
2
27
15-3-2001
5-4-2001
Dies non
__ __ 22
_________________
Total of the period which is not counted for
__ 3
22
increments
_________________
(3) Determination of actual date of increment
Date of last increment
1-6-2000
Date of the next increment in normal course 1-6-2001
Total non qualifying period for increment
3 month 22 days
Date of increment in accordance with the
Proviso to FR 26 (a)
23-9-2001
But the increment will be drawn from 1-9-2001 as an increment
falling due on any date in a month has to be drawn from the first of that
month.
7.
Grant of Stagnation Increment to those stagnating at the maximum
of their Pay scales.
It has been decided that all Central Govt. employees who have
opted the revised pay scales of pay in terms of the CCS (RP) Rules 1997 and
who have reached the maximum of the revised scales of pay shall be granted
one stagnation increment on completion of every two years at the maximum
of the respective scales. The stagnation increment shall be equal to the rate
of increment last drawn by them in their pay scales. A maximum of three
such increments shall be allowed subject to the condition that the grant of
stagnation increment shall be restricted to all posts the maximum of the pay
scale of which does not exceed Rs.22,400/-.
In the case of a Govt. servant whose pay has been fixed at the
maximum of the scale as on 1-1-96, the stagnation increment shall be
admissible after two years reckoned from 1-1-96. In other words no Govt.
servant shall become eligible for the stagnation increment before 1-1-98
under CCS (RP) Rules 1997. The period, if any, spent at the maximum in
the pre-revised scale will not be taken into account under CCS (RP) Rules
1997 and the stagnation increment, if any, in the pre-revised scales will not
be counted towards grant of maximum three increments in the CCS (RP)
Rules 1997.
The stagnation increment will count for all purposes such as DA,
HRA, CCA and
Pensionary benefits including fixation of pay on
promotion. The stagnation increments shall be allowed in the same manner
as annual increments.
Prepared By
D.C.Gupta, IDAS
Dy.C.D.A
Office of the Jt.CDA (BR)
Chandigarh
Mr. J.S.Fonia has been appointed as Auditor w.e.f. 25-1-90 in the pay scale
of 1200-30-1500-40-2040 and promoted to Sr.Auditor w.e.f. 18-10-1993 in
the pay scale of Rs.1400-40-1600-52-2300-EB-60-2600. His pay on
promotion has been fixed @ Rs.1400/- w.e.f. 18-10-1993 with DNI 1-101994. His pay has been fixed @ Rs.5000/- p.m. with DNI 1-10-1996 under
RPR-97. Whereas Shri V.S.Nitnaware was appointed as Auditor w.e.f. 24-81989(FN) and promoted Sr.Auditor w.e.f. 24-2-95 in the pay scale of Rs.
1400-40-1600-50-2300-EB-60-2600. His pay on promotion as Sr.Auditor
fixed @ Rs.1400/- p.m. w.e.f. 24-2-95 with DNI 1-2-1996. The pay of Shri.
Nitnaware, Sr.Adr. has been fixed @ Rs.5000/- p.m. w.e.f. 1-1-96 with DNI
1-2-1996. Shri. Fonia has represented that his date of annual increment may
please be antedated with his junior from 1-10-96 to 1-2-1996 under RPR-97
which has been got antedated to 1-2-96
Please Comments
The pay of Shri. J.S.Fonia for antedating is in contraventions of
the clarificatory orders already issued vide Para 2 (v) of DO PT New Delhi
letter no. 4/7/92-Estt (Pay-I) dated 4-11-93. Wherein it has been clearly lays
down that if a senior is appointed later than the junior in the lower post than
the junior in such cases the senior cannot claim pay parity in the higher post
though he may have promoted earlier to the higher post.
In view of the above clarificatory orders his antedating do not
falls within the ambit of above Govt. order as he has received less pay up to
17-10-1993 in the auditor scale than Shri. Nitnaware.
Similarly, the antedating of their annual increments with
Sh.J.S.Fonia in the following individuals are not extending by this office in
terms of above clarification.
1. I.S.Bist, Sr.Adr.
2. Sh.B.S.Rana, Sr.Adr.
INTRODUCTION
PAY FIXATION
The basic rules governing the initial fixation of pay of Government
servants in different circumstances were FRS 22, 22-C and 31. The pay fixed under any
of those rules were further subjected to FRs.27 and 35. FR 30 added a general limitation
on the pay fixed in respect of appointment in an officiating capacity.
Fundamental Rules 22, 22-C, 30, 31 and 35 were the normal rules
governing fixation of the initial pay of a Government servant under FRs. Apart from
these Rules, separate order of the Government servant in certain cases as for example (i)
Fixation of pay on appointment to selection grade posts; (ii) fixation of pay reemployed
Civil and Military pensioners, etc.
By notification no. 1/10/89-Estt. (Pay-I) dated 30.08.1989, FR 22 was
substituted incorporating interalia the provisions of FR 22-C and orders issued under
several office Memoranda from time to time. FRs 22-C, 30 and 31 were deleted.
FR 22 (I)
Clause (a) (1) deal with fixation of pay of a Government servant holding a non tenure
post in a substantive or temporary or officiating capacity on promotion/appointment in
a substantive or temporary of officiating capacity to a higher post.
Clause (a) (2) deal with fixation of pay of a government servant holding a non tenure
post in a substantive or temporary or officiating capacity on transfer/appointment in a
substantive or temporary of officiating capacity to another post which is not higher than
the post which he was holding.
Clause (a) (3) deals with fixation of pay of a Government servant holding a post in a
substantive or temporary or officiating capacity on transfer at his own request to a post
with the maximum pay in the time-scale of the post lower than his pay in the post held
by him on regular basis.
Clause (b) deals with fixation of pay of a Government servant on his first appointment
in Government service and another case not fulfilling the conditions in clause (a).
FR 22 (II) deals with grant of proforma officiating promotion under “Next Below
Rule” to a Government servant who is working on deputation under the Government
outside his regular line of service on foreign service.
FR 22 (III) stipulates that appointment or promotion of a government servant to a post
in the same or identical time scale of pay (with reference to the scale of the scale of the
post of the post held by him at the time of appointment of promotion) should not be
deemed to involve the assumptions of duties and responsibilities of greater importance
for the purpose of initial fixation of his pay.
FR 22 (IV) stipulates that when a Government servant, while holding an ex cadre
post, is promoted or appointed regularly to a post in his cadre, his pay in the new cadre
post should be fixed with reference to his presumptive pay in the old cadre post which
he would have but for his holding the ex cadre post.
FR 27 – This rule vests competent authorities with the power to fix the pay of a
Government at a stage higher than that admissible under the provisions of FR 22 by
granting premature increments.
FR 28 - This rules vests Government with the power to fix the pay of an officiating
Government servant at an amount less than that admissible under FR 22.
CIRCUMSTANCES WHICH GAVE RISE TO THE FIXATION OF
PAY ARE:1. First appointment to any post, whether in a substantive or officiating capacity.
2. Transfer from one post to another, whether in a substantive or officiating
capacity.
3. Re-appointment in the officiating post after break in service due to leave or
service in another post which does not count for increments in that officiating
post.
PAY ON PROMOTION/APPOINTMENT
Fixation of pay of a Government servant on promotion/appointment from
one post to higher post. – As per clause (a) (1), when a Government servant holding a
post, other than a tenure post, in substantive or temporary or officiating capacity is
promoted or appointed in a substantive, temporary or officiating capacity as the case be,
to another post carrying duties and responsibilities of greater as the case be, to another
post carrying duties and responsibilities of greater importance than those attaching to
the post held by him, his initial pay in the time scale of the higher post should be fixed
at the stage next above the notional pay arrived at by increasing his pay on respect of
the lower post held by him regularly by an increment at the stage at which such pay
accrued or rupees one hundred, whichever is more.
As per the provision to Clause (a) (1) of FR 22 (I), when a Government
servant is, immediately before his promotion or appointment on regular basis to a higher
post, drawing pay at the maximum of the time-scale of the lower post, his initial pay in
the time-scale of the higher post be fixed at the stage next above the pay notionally
arrived at by increasing his pay in respect of the lower post held by him on the regular
basis by an amount equal to the last increment in the time scale of the lower post rupees
on hundred, whichever is more.
With effect from 30-9-1993, the stagnation increment(s) will be taken into
account for fixation of pay on promotion to higher post on or after 30-9-1993.
NOTE:- The stagnation increment will be taken into account for fixation of pay in
respect of appointments/promotions to higher post and also in respect of appointments
to another post which does not involve assumption of duties and responsibilities of
greater importance than those attaching to the post held by the Government servant.
(GIO (27) below FR 22 read with GIO (19) below FR 26)
Important Point:- The fixation of pay on promotion/appointment to a higher post under
Clause (a) (1) of FR 22 (I) as explained in the proceeding paragraphs is subject to the
following conditions:(1) The promotion/appointment to a higher post should fulfill the eligibility
conditions as per prescribed in the relevant Recruitment Rules.
(2)
In case of promotion in the normal line within the cadre which is not a regular
basis, i.e. does not fulfill the eligibility conditions, the pay in the higher post may also
be fixed under FR 22 (I) (a) (1). If there is substantial increase in pay so fixed, the pay
has to be restricted under FR 53 so as not to exceed the basic pay in the lower post by
more than the amounts shown below(a)
For example in receipt of basic
pay up to Rs.8,000 p.m.
(b)
For employees in receipt of basic
pay above Rs.8000 p.m.
15% of basic pay subject
to a maximum Rs.1000/- p.m.
12 ½ % of basic pay
subject to a maximum
of Rs.1000/- p.m.
In the case where pay in the manner indicates above comes to more than
the minimum or at the minimum of the promotional posts, the employees concerned will
be allowed pay at the minimum of the scale.
(GIO (2), below FR 35)
(3) The pay in the higher post should be fixed only with reference to the pay drawn in
the lower post which has been held by the Government servant on regular basis.
OPTION OF DATE FOR FIXATION OF PAY ON PROMOTION TO
THE HIGHER POST:As per sub-para of Clause (a) (1) to FR 22 (I), a Government servant
promoted to a higher post on regular basis is given an option for fixation of his pay on
the higher post as under:(a) Either his initial pay may be fixed in the higher post on the basis of Clause (a) (1) of
FR 22 (I) straightway from the date of promotion without any further review on accrual
of increment in the pay scale of the lower post; or
(b) His pay on promotion may initially be fixed of the time-scale of the new post above
the in the lower post from which he is promoted, which may be refixed in accordance
with Clause (a) (1) of FR 22 (I) on the date of accrual of next increment/on the date of
accrual of stagnation increments in the time-scale of the pay of the lower post.
The option should be exercised by the Government servant within one
month from the date of promotion. This option is not available in the cases of
appointment of deputation to an ex cadre post, or to a post on ad-hoc basis or on direct
recruitment basis. However, in cases where an ad-hoc promotion is followed by regular
appointment without break, the option is admissible as from the date of initial
promotion which should be exercised within one month from the date of such regular
appointment.
Note:-In the order promoting the Government servant, it should be mentioned that he
has to exercise the option within one month and that option once exercised is final.
2.
In the event of the officer refusing promotion even after the above concession
become available, he would be debarred from promotion for a period of one year.
[FR 22 and GIOs (15) & (28) the reunder ]
Clarification relating to FR 22 (I) (a) (1). –FR 22 (I) (a) (1) applies not only a respect
of promotions to higher appointments in the direct line of promotions to higher
appointments in the direct line of promotion but also in respect of appointment to
another post (carrying higher responsibility than the post held by the Government
servant) outside the ordinary line which is generally termed as ex cadre appointment,
provided that in respect of that ex cadre appointment, the Government servant is entitled
to or elects to draw pay in the time-scale of the ex cadre post. However, the option to
have the pay fixed in the cadre post on the accrual of next increment in the cadre
post is not admissible.
In cases of appointment/promotion from one ex cadre post to another ex
cadre post where the official opts to draw pay in the scale of the ex cadre post, the pay
in the second or subsequent ex cadre post should be fixed under the normal rules [i.e.
FR 22 (I) (a) (1) or (a) (2)] with reference to the pay in the cadre post only. If on
appointment to a second or subsequent ex cadre post in a higher pay scale than that of
the previous ex cadre post, the pay fixed under normal rules with reference to the pay in
the cadre post happens to be less than that drawn in the previous ex cadre post, the
differnece may be allowed as personal pay to be absorbed in future increase in pay.
Application of FR (I) (a) (1) to State Government servants on
appointment to higher post in the Government of India – when a State Government
servnat is appointed to a post under the Central Government and the post carries duties
and responsibilities of greater importance than those attaching to the post held by him
under State Government, the initial pay may be fixed under FR 22(a) (1).
[GIO (11), FR 22]
Fixation of pay on transfer from one post to another when the appointment does
not involve assumption of higher responsibilities—As per Clauses (a) (2) of FR 22
(I), when a Government servant holding a post, other than a tenure post, in a
substantive at temporary of officiating capacity is appointed in a substantive, temporary
or officiating capacity, as the case may be, to another post which does not involve
assumption of duties and responsibilities of greater improtance than those attaching to
the post held by him , his initial pay in the new post should be fixed at the stage which
is equal to his pay in respect of the old post held by him on regular basis and he will
draw his next increment in the new post on the date on which he would have received
and increment in the time-scale of the old post.
If there is no such equal stage in the time-scale of the new post, his initial
pay in the new post will be fixed at the stage next above his pay in respect of the old
post and he will draw his next increment in the new post on completion of the period
when an increment is earned in the time-scale of the new post.
The above provision is applicable also in the cases of appointment to nonfunctional Selection Grade posts.
The above provision is applicable also in the case of appointment to a
lower post at own request when the maximum pay of the lower post is not less than the
pay drawn in the old post.
Protection of pay drawn under Central/State PSUs, Autonomous Bodies,
etc., on appointment under Central Government.—In respect of candidates working in
Public Sector Undertakings, Universities, Semi-Government Institutions or Autonomous
Bodies, who are appointed as direct recruits on selection through interview only by a
properly constituted agency including departmental authorities making recruitment
directly. Their initial pay will be fix at a stage in the scale of pay attached to the post so
that the Pay and Dearness Allowances already being drawn by them in their parent
organizations. In the event of such a stage not being available in the post to which
they have been recruited, their pay may be fix at a stage just below in the scale of the
post to which they have been recruited. The pay fixation is to be made by the
employing Ministries/Departments after verification of all the relevant documents to be
produced by the candidates who were employed in such organisations.
[ GIOs (28) and (29), below FR 22, Swamy’s Compilation of FR and SR, Part-I
Fourteenth Edition]
1. The pay of a Govt. servant fixed under FR 22 (I) (a) (I) on promotion to a
higher post may sometimes turn to be lower than the pay drawn by a
junior official who is promoted later.
2. The pay of a Govt. servant fixed on promotion to a higher post before the
revision of pay scale. The pay of the junior official promoted on or after
1-1-96 may draws higher pay due to the notional increase of the rate of
increment in the revised pay scale after 1-1-1996 under RPR-97.
3. Due to rationalization of pay scales.
2. REMEDIES
Whenever such anomaly occurs, the following action will be
taken to safeguard the interest of the senior officer.
The pay of the senior officer in the higher post will be stepped up
to a figure equal to the pay as fixed for the junior officer in the higher post.
The stepping up will, however, be done with effect from the date of
promotion or appointment of the junior officer and will be subject to the
following conditions:-