1
PAY FIXATION
Pay : Pay means the amount drawn monthly by a Government servant as the
pay which
has been sanctioned for a post held in a substantive or officiating capacity to
which he is
entitled by reason of his position in a cadre.
Time Scale Pay means pay which rises by periodical increments from a minimum
to a
maximum.
Identical time scale : Time scales are said to be identical if the minimum, the
maximum,
the period of increment and the rate of increment of the time – scales are
identical.
Same Time scale : A post is said to be on the same time scale as another post
on a
time-scale if the two time-scales are identical and the posts fall within the cadre
involving
duties of approximately the same character.
Circumstances which give 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
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
another post carrying the duties and responsibilities of greater importance than
those attach to the post held by him.
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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 does not involve assumption of duties and responsibilities of greater
importance of the post held by him.
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 pro forma 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
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 rule vests Government with the power to fix the pay of an
officiating Government servant at an amount less than that admissible under
PAY ON PROMOTION / APPOINTMENT
FR 22(1)(a)(1)
There are two conditions for fixation of pay under FR 22(1)(a)(1)
viz (i) The employee should shoulder higher responsibilities.
(ii) The promotion cadre shall be in higher scale compared to lower scale from
which an employee promoted.
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The pay fixation is not admissible
under FR 22(1)(a)(1) in case the second provision of rule is not fulfilled in terms
of GOI No:2-54/99-PAP dt.27.8.1999 (Sl.NO: 308 Swami news 12/99).
Fixation of pay of a Government servant on promotion / appointment
from one post to a higher post. 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 proviso 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 of rupees one hundred, whichever is more.
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)
Fixation of pay on promotion in Identical Pay Scale
(i) Fixation of pay on promotion in identical pay scale shall be
regulated under the provision of FR 22(1)(a)(2) i.e. that the pay shall be fixed
at the same stage as clarified by the CGDA New Delhi vide their letter No.
AT/II/2431-IV dated 29.5.1989.
(ii) Prior approval of the Govt. of India (Ministry of Finance (Department of
Expenditure) is required for fixation of pay on promotion in the identical pay
scale under FR 22(1) (a)(1) as clarified by the Govt. of India, Ministry of
Finance OM No: 169/2/2000-IC dated 24.11.2000.
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Fixation of pay never Time Barred :
The pay can be fixed and refixed at any time irrespective of the time lag
involved. The rule regarding time limit do not place an embargo on the
fixation/Re-fixation of pay of the Civil Govt. Servant as clarified by the Govt. of
India, Ministry of Defence New Delhi letter No. 83558/AG/ORG.4
(d)/5386/D(Civ-I) dated 23.5.1957.
In-SITU PROMOTIONS
1. In-Situ Scheme has been introduced with effect from 1.4.1991 by the Govt.of
India, Ministry of Finance OM No:10/1/E.III/88 dated 13.9.1991.
2. The Scheme is applicable to Group’C’ and ‘D’ employees who fulfil the
following three basic conditions.
(i) Employees has been directly recruited for Group ‘C’ and ‘D’ post.
(ii) The pay on recruitment should be fixed at the minimum.
(iii) Employees who have not been promoted on regular basis even after one
year on reaching the maximum of the scale of the post.
Promotions
1. Promotion in-situ will be allowed after following due process or promotion with
reference to seniority-cum-fitness basis. However possessing of qualifications
and passing of trade test is not compulsory or mandatory for promotion in situ.
2. The employees will get promotion in situ in the next higher scale in the existing
hierarchy.
3. Where there is no hierarchy in the existing cadre/posts the scale on
promotions in situ will be decided by the Ministry of Finance.
4. The employee will be borne on the seniority list of the lower cadre/posts.
5. A promote may be considered for promotion in situ from the date direct
recruit junior to him in that cadre may become eligible for in situ promotion even
though it is second promotion. Similarly a direct recruit whose pay has not been
fixed at the minimum at the time of appointment will be considered for promotion
in situ from the date a direct recruit junior to him and fixed at the minimum of the
scale become eligible for promotion.
Scheme is not applicable to the following Staffs.
1.The re-employed pensioners are not entitled for promotion in situ.
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2. Where the next higher scale in situ
happens to be Group ‘B’ scale.
3. Where the individual has refused regular promotion for his own volition.
FIXATION OF PAY :-
1.
Even though the promotion in situ may not involve assumption of
higher duties and responsibilities, the pay will be regulated under FR 22(I)(a)(1)
as a special dispensation.
2.
The pay will not be again fixed at the time of functional promotion in
the time Scale.
3.
Stagnation increment will be taken into account at the time of fixation
of pay w.e.f.1.4.1991 in respect of Group ‘D’ employees in situ as a one time
dispensation.
4.
Stagnation increment in respect of Group ’C’ Staff shall be taken for
fixation of pay in situ on or after 30.9.1993.
SITU PROMOTION UNDER CCS (RP) RULES 1997.
(i)
It has been clarified by the MOF circulated vide MOD New Delhi letter
No.8(1)/98/D/(Civ-I)dated 23.4.1998 that the grant of situ promotion shall be
admissible under CCS (RP) Rules 1997 provided all the conditions laid down in
GOI MOF New Delhi letter No.10/1/E.III/88 dated 13.9.1991 are fully satisfied.
(ii)
The grant of in-situ promotion has been discontinued
w.e.f.9.8.1999with the introduction of the ACP Scheme in the Gref.
EFFECT OF PENALTIES & ITS REVOCATION ON PAY FIXATION
MINOR PENATIES
(I)
Censure
(II)
Withholding of Promotion
(III)
Recovery from pay
(IV)
Reduction to a lower stage for 3 years without cumulative effect
(V)
Withholding of Increment of Pay.
MAJOR PENALTIES
(VI)
Reduction to a lower state with cumulative effect.
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(VII)
Reduction to lower time
scale of Pay, grade post.
(VIII)
Compulsory Retirement.
(IX)
Removal from service
(X)
Dismissal from service.
Withholding of Increments :An increment shall be drawn as matter of course, except when it is
above the EB (abolished under CCS (RP) Rules) 1997) or unless it is withheld as
a statutory punishment for misconduct or bad work.
1.
Increment can be withheld in two ways ;-
(a)
With cumulative effect
(b)
Without cumulative effect.
2. The postponing of increment may have the effect of deferring all future
increments and thus a recurring loss to the Govt.Servant or it may be a
temporary for the particular period and the normal subsequent increment
drawn on due dates.
3.
Withholding of increment can be made only in r/o an increment
falling due after the date of issue of order. The increment due on 1.4.2004 can
not be withheld by an order passed after 1.4.2004. The order passed on May
2004 will have effect to the increment due on 1.4.2005.
Distinction between withholding “Next” increment and “one” increment
The order to withhold the next increment implies that all the increment
falling due during that period will be withheld because without getting the next
increment an official cannot get increment falling after the next increment.
MINOR PENALTY
Reduction to a lower stage in the time scale of the Pay for a specified
period not exceeding 3 years without cumulative effect.
In this case the period of the Punishment viz Reduction to a lower
stage should not exceed 3 years. The Govt. servant will earn increments in the
normal course during the period of Punishment. The period of Punishment will
have not effect of postponing his future increment on the expiry of the penalty.
MAJOR PENALTY
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Reduction to the lower
stage in the time scale of pay for a specified period, with further direction as to
whether or not the Govt. servant will earns increments of pay during the period of
such reductions & whether on the expiry of the such period, the reduction will or
will not have the effect of postponing the future increments of his pay.
In this case, the period of the punishment, viz reduction to a lower
stage in the time scale may be for any number of the year: but it can not be for
on unspecified period or permanent one. The competent authority ordering this
punishment, should;(I) specify the period for which the punishment will be operative
(2) State as to whether the Govt. servants will or will not earn normal increments
during the period of the punishment
(3) State as to whether on the expiry of the punishment period, the period of
reduction will have or will not have the effect of postponing his future increments.
Minor Penalty :In the case of reduction to a lower stage in the time scale as a minor
penalty the individual will draw increments in the usual manner during the period
of punishment and on expiry of the punishment he will be entitled for the pay
which he would have drawn had the punishment has not been imposed upon
him.
Major Penalty
In the case the major penalty for reduction to a lower stage in the
time scale if the order of reductions lays down that the Govt.servant will earn
increments during the period of punishment and that on the expiry of such
punishment the period of reduction will not have the effect of postponing his
future increments. On the expiry of the punishment he will be entitled to draw the
pay which he would have drawn had the punishment of reduction to lower stage
not been imposed upon him.
If on the other hand the order of reduction lays down that the
reduction should operate to postpone his future increments, then the pay will be
fixed in the same manner as above, but after taking treating the period of
punishment as not counting for increments.
CIVILIAN EMPLOYEES
The Vth C.P.C in its report made certain recommendations relating to
Assured Career Progression (ACP) scheme for Central Govt. Civilian Employee
in all Ministers/Departments. The said scheme has now been accepted by the
Govt. with certain modifications vide the Govt. of India, Min. of Personal, Public
Grievances and pension (Department of Personnel & Training) O.M. No.
35034/1/97-Estt-(D) dated 9th Aug 1999.
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SALIENT FEATURES OF THE ACP
SCHEME
2.
Broad details of the ACP scheme have been given in the above mentioned
QM dated 9.8.89. However, the features of the scheme as also the parameter to
be observed for its implementation in the department are as under: (i)
The financial benefits under the ACP scheme will be granted from the
date of completion of the eligibility period prescribed under the scheme or from
the date of issued of these instruction i.e. 9.8.1999 whichever is later.
THE ASSURED CAREER PROGRESS SCHEME FOR THE CENTRAL GOVT.
CIV
(ii) Two financial up-gradations under the ACP shall be available to
employees, if no regular promotions have been availed during the prescribed
periods in their grade, on completion of 12 years and 24 years of regular service
respectively. The first financial up gradation under the schedule shall be allowed
after 12 years of regular service and second up-gradation after 24 years of
regular service subject to the fulfillment of prescribed conditions.
(iii) In case the first up-gradation gets postponed on account of
employees not found fit or due to departmental proceedings etc., the same would
have consequential effect on the second up-gradation.
(iv) Regular service for the purpose of ACP scheme is interpreted to
mean the eligibility service counted for regular promotion in terms of relevant
service/recruitment rules. Further the regular service for the grant of benefit
under the scheme shall be counted from the grade in which an employee was
appointed as direct recruit.
(v) Two financial up-gradations under the said scheme in the service
career of an employee shall be counted against regular promotions including in
situ promotion (granted in terms of Min of Finance Department Expenditure OM
No. 10/E1-III/88 dated 13th Sep 1991) and fast track promotions availed through
limited departmental competitive examinations, from the grade in which the
employees was appointed as direct recruit Briefly, two financial up gradations are
assured in the Government service career under the scheme. If an employee
has already got one promotion, he/she will qualify for second financial upgradation only on completion of 24 years of regular service. In case an
employee has completed 24 years of regular service without any promotions.
Two financial up-gradation will be given as per provisions contained in Para 15 of
Annexure 1 of above mentioned OM dated 9.8.1999. In case two promotions
have already been received by an employee, no benefit under scheme shall
accrue to him/her.
(vi) Vacancy based regular promotions, as distinct from financial upgradation under the ACP scheme, shall continue to be granted after due
screening by regular D.P.C as per relevant rules/regulations. The introduction of
the ACP scheme will in no case, affect the normal (regular) promotional avenues.
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(vii) The financial up gradation under the said scheme will be given to the
next higher grade in accordance with the existing hierarchy in a cadre/category of
post without creating any new post for the purpose as laid down in Para 7 of
Annexure I and Annexure II to OM dated 9.8.1999.
(ix) The financial up gradation under the scheme shall be purely
personal to the employee for the stated purposes and restrictions of ACP
scheme for financial and other benefits shall have no relevance to his seniority
position, he/she will continue to hold the old designation and that the same will
not amount to actual /functional promotion of the employee. There shall be no
additional financial up gradation for the Senior employee on the ground that
junior employee in the grade has got higher pay scale under the ACP Scheme
(Para 6 & 8 of Annexure I to OM dated 9.8.1999 refer)
(x) Reservation Orders/roster shall not apply to the ACP Scheme in
terms of Para 12 of Annexure I of DOPT OM dated 9.8.1999.
(Xi) Under the ACP Scheme the pay of an employee on up gradation
shall be fixed under the provisions of FR 22(I)(a)(I) subject to minimum financial
benefit of Rs.100/- as per DOPT OM No.1/6/97/PayI dated 5.7.1999 as referred
to in Para 9 of Annexure I to OM dated 9.8.1999. The financial benefit allowed
under this scheme shall be final and no pay fixation benefit shall accrue at the
time of regular promotion against a functional post in the higher grade.
(xii) Grant of higher pay scale under the ACP scheme shall be conditional
to the fact that an employee, while accepting the said benefit, shall be deemed
to have given his/her unqualified acceptance for regular promotion on occurrence
of vacancy subsequently. In case he/she refuses to accept the regular promotion,
it would entail forfeiture of the period of debarment towards the qualifying service
for the next financial up gradation in accordance with the provision of Para 10 of
Annexure I to OM dated 9.8.1999 referred to above. Further in case of refusal to
accept regular promotion subsequently, the employee concerned should be
reverted from the higher grade granted under ACP in terms of Clarification No.22
to DOPT OM dated 10.2.2000.
The regular service of an employee in his/her previous organization
where he/she was declared surplus, shall be counted along with his/her regular
service in the Department for the purpose of financial up gradation under the
scheme in terms of Para 14 of Annexure I to DOPT OM dated 9.8.1999.
The ACP scheme has become operational w.e.f. 9.8.1999 i.e. date of issue of
DOPT OM mentioned above.
There shall be no financial up gradation for the Senior employee on
the ground that junior employee in the grade has got higher pay scale under the
ACP Scheme (Para 6 & 8 of Annexure I to OM dated 9.8.1999 refer)
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In-Situ promotion already
granted to the Group C and D employee in terms of MOF (Department of
Expenditure) OM No:10(I)/E.III/88 dated 13.9.1991 shall be taken into account for
the grant of ACP in terms of CGDA New Delhi letter No.AN/XI/11051/ACP dated
1.9.1999.
NO OPTION FOR FIXATION OF PAY UNDER FR 22(i)(A)(i) ON GRANT OF IST
ACP.
The individual who get two financial up gradation on completion of 24
years service are not entitled for exercising of option for fixation of pay under FR
22(I)(a)(i) on grant of ist ACP. However the option is admissible for second ACP
under FR 22 (I)(a)(I) in terms of DOPT Clarification NO.5/3/99/SCS/Vol.IV/126
dated 7.2.2002 (Swami News 4/2002 referred)
NO ACP TO MTD
ACP is not admissible to MT Drivers in terms of clarification NO.59 of
DOPT letter dated 18.7.2001.
NO ACP TO DRAUGHTSMAN
It has been clarified by the GOI MOD/MOD (Fin) communicated under CGDA
New Delhi letter No.AT/II/2458/(PC)/1/02 dated 7.5.2002 that Draughtsman who
have been placed in a higher pay scale after completion of specified length of
service, such placement will be taken as promotion in terms of clarification
No.35 of DOPT New Delhi OM No. ibid dated 18.7.2001. The draughtsman in
Gref were placed in the higher scale w.e.f. 1.11.1983 in terms of BRDB New
Delhi letter No.50(I)BRDB/93/Estt/18368/DGBR/E2A (T&C) dated 4.12.1996.
Hence the grant of ACP in such cases is in violation of the above clarificatory
orders and needs to be reviewed to avoid irregular fixation of pay and constant
overpayments.
The DOPT New Delhi has already issued 59 clarification on the ACP
Scheme vide their letter No.35034/1/97-Estt(D)(Vol.IV) dated 10.2.2000 and
No.even dated 18.7.2001 which may be kept in view while fixing pay in ACP to
avoid wrong fixation of pay in audit.
PASSING OF TRADE TEST IS A PRE-REQUSITE CONDITION FOR GRANT
OF ACP TO PIONEER
The non matriculate Pioneer should have to qualify the trade test of
Mate for the grant of ACP in terms of clarification No.34 of DOPT OM
No.35034/1/97/Estt(D)(Vol.IV) dated 18.7.2001 and as clarified Record Office
Gref Pune vide their No.2065/ACP/232/CA2 dated 9.7.2002.
PASSING OF TRADE TEST AFTER 9.8.1999
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It has been clarified by the
DOPT communicated under Ministry of Defence ID No: 11(6)/98/D Civ.I) dated
4.1.2002 that the employees who qualify the trade test in first attempt after
9.8.1999 may be allowed benefit of ACP from 9.8.1999 only as a special case
and not from the date of passing of trade test. However, employees who qualify
in the trade test in subsequent attempts will be allowed financial up gradation
only from the date of passing the trade test. In no case the benefit should be
given to an individual w.e.f.9.8.1999 who had earlier appeared in the trade test
before 9.8.1999 but failed or has not appeared in trade test at all or has not
otherwise passed the trade test.
The DOPT New Delhi has already issued 59 clarification on the ACP
Scheme vide their letter No.35034/1/97-Estt(D)(Vol.IV) dated 10.2.2000 and No.
even dated 18.7.2001 which may be kept in view while fixing pay in ACP to
avoid wrong fixation of pay in audit.
RE-EMPLOYED PENSIONERS
Quantum of pension to be ignored for initial fixation of pay in the re-employed
post.
In the case of persons retiring before attaining the age of 55 years
and who are re-employed pension (including pension equivalent of Gratuity and
other forms of Retirement Benefits) shall be ignored for initial pay fixation to the
following extent.:(i)
In the case of ex-servicemen who held post below Commissioned
Officer rank in the Defence Forces and in the case of civilians who held post
below Group A posts at the time of their retirement, the entire pension and
pension equivalent of retirement benefits shall be ignored for the purpose of
fixation of pay and the pay shall be fixed at the minimum of the scale of the reemployed post.
It has also been clarified by the MOD (Finance) communicated under
CGDA New Delhi No:AT/II/2432.VI dated 15.2.1993 that in cases where the
entire pension has been ignored and pay is fixed at the minimum in terms of Para
4(b) (i) of DOPT Letter dated 31.7.1986, the pay details from the date of
enrolment to the date of discharge shall not be called for but the pay last drawn
by the pensioner at the time of discharge shall be indicated for the purpose of
fixation of pay.
(ii)
In the case of Service Officers belonging to Defense Forces and
Civilian Pensioners who held Group ‘A’ posts at the time of retirement, the first
Rs.500 (Rs.1500/-per month w.e.f. 1.1.1996) of the pension and pension
equivalent of retirement benefit shall be ignored for fixation of pay in the re
employed post after taking into account the revised pension sanctioned w.e.f.
1.1.1996.
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6 Note
: It should be noted that the
benefits of ignoring the whole pension for first Rs.500 (now Rs.1500 from
1.1.1996)of pension as the case may be, is admissible only in the case of
pensioners who retired before attaining the age of 55 years. In other cases, the
whole amount of pension will be taken into account for the purpose of initial
fixation of pay in the re-employed post.
Fixation of pay of pensioners re-employed on or after 1.7.1986
Re-employed pensioners shall be allowed to draw pay only in the
prescribed scale of pay for the post in which they are re-employed. No protection
of the scales of pay of the post held by them prior to retirement shall be given.
2(i)
In all cases where the pension is fully ignored, the initial pay on reemployment shall be fixed at the minimum of the scale of pay of the re-employed
post.
(ii)
In cases where the entire pension and pensionary benefits are not
ignored for pay fixation, the initial pay on re-employment shall be fixed at the
same stage as the last pay drawn before retirement. If there is no such stage in
the re-employment post, the pay shall be fixed at the stage next above that pay.
If the maximum of the pay scale in which a pensioner is re-employed is less than
the last pay drawn by him before retirement, his initial pay shall be fixed at the
maximum of the scale of pay in which a pensioner is re employed post. Similarly,
if the minimum of the scale of pay in which a pensioner is re employed is more
than the last pay drawn by him before retirement, his initial pay shall be fixed at
the minimum of the scale of pay of the re employed post . In all cases, the non
ignorable part of the pension and pension equivalent of Retirement benefit shall
be reduced from the pay so fixed. However, w.e.f. 1.6.1988 the amount of
pension equivalent of gratuity should not be deducted from the pay so fixed.
(iii)
The re employed pensioner will in addition to the pay as fixed under
Para (ii) above shall be permitted to draw separately any pension sanctioned to
him and to retain any other form of Retirement benefits.
(iv)
Once the initial pay of a re-employed pensioner has been fixed in the
manner indicated above, he may be allowed to draw normal increments in the
time scale of the post to which he is appointed as if the pay had been fixed at the
minimum or the higher stage, as the case may be (i.e. before an adjustment on
account of pension is made),provided that the pay and gross pension/pension
equivalent of other Retirement benefits taken together do not at any time exceed
Rs.8000 (rs.26000 from 1.1.1996)per months in terms of Order 4 and 5 CCS
(Fixation of Pay Re-employed pensioners)Orders 1986.read with GOI DOPT OM
No.3/4/97/Estt.(Pay.II) dated 7.11.1997
FIXATION OF PAY EX COMBATANT CLERKS/STRORESMEN
The service rendered as a Combatant Clerk (Sepoy and above
and equivalent ranks in Navy and Air Force) may be treated as equivalent to
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6 service
as LDCs/Junior Clerks/Time
scale clerk in Civil Departments irrespective of the pay drawn in the Armed
Forces and that when
such persons are absorbed in post of
LDCs/Jr.Clerks/Time Scales in Civil Departments after their release/retirement in
the Armed Forces, their initial pay in the post of LDCs/Jr.Clerks/Time Scale
Clerks may be fixed at a higher stage in the scale above the minimum equal to
the number of completed years of service as Combatant Clerks. The pay so fixed
will not be restricted to the pre-retirement pay. Similar benefits are admissible to
ex-combatant store men reemployed as Store men in Civil Posts. The Ex
combatant clerks /Stores man on their re-employment as LDC or Jr. Clerks in the
Civil Posts and the Ex stores men on their re-employment as stores men in civil
posts shall have the option to get their pay fixed in terms of Para 4 and 5 or Para
16 of CCS (Fixation of Pay of Re-Employed Pensioners) Orders, 1986. The
option is required to be exercised within three months from the date of their reemployment .The option once exercised is final and is irrevocable. The casualty
for exercising the option by the individual may be published in the DO Pt.II Order.
The non qualifying service in the Armed Forces shall not be taken into account
for computing total completed years of service.
(ii)
Service rendered as a Recruit Clerk shall not be taken into account
for computing total completed years of service as Combatant Clerks in terms of
CGDA New Delhi letter No: 2105/AT.P dated 4.7.1972.
(iii)
Rs.15/- shall be ignored from the Pension.
iv)
Where the pay is fixed below the minimum of the pay scale of the reemployed post after taking into account pension, the rate of increment shall be
admissible at the minimum of the pay scale till the minimum of the pay scale is
reached. Thereafter subsequent increments granted in the usual manners.
The power to fix the pay is delegated to the Administrative Ministries
concerned and orders for fixation of pay in these cases be issued by invoking the
provision of FR 27.
The pay of the re-employed pensioners shall be fixed after ignoring
the revised pension (excluding the ignorable portion of pension wherever
permissible) w.e.f.1.1.1996 under RPR 97 in terms of DOPT No.3/12/97/Estt
(Pay.II) dated 19.11.1997 and 8.3.1999 and clarificatory orders issued by the
GOI MOD New Delhi ID No: PC to F.11(6)/97/Civ.I.Vol.II dated 24.3.1999.
Examples of pay fixation:
1. Fixation of Pay on initial appointment
The initial pay will be fixed at the minimum of the time scale of the
post against which the appointment is made in terms of Rule 22 (1) (b) FR/SR
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Shri ‘A’ is appointed as
Auditor in the pay scale of Rs. 4500-125-7000 w.e.f. 01-03-2003 through staff
selection Board. Shri ‘A’ has joined his duties as Auditor w.e.f. 31-3-2003(FN).
Fix his pay with date of next increment.
The pay of Shr ‘A’ is fixed @ Rs.4500/- p.m. w.e.f. 31-3-2003 with
next increment on 01-03-2004 provided on non qualifying period intervenes.
FR 22 (I) (b)
2. Fixation of the pay from the date of promotion
Shri ‘A’ is drawing Pay @ Rs. 7950/- p.m. in the scale of Rs.5500175-9000 is promoted to the higher post in the scale of Rs. 6500-200-10500
w.e.f. 4-5-2001. The post carries the duties & responsibilities of the greater
importance than those attached to the existing post. Fix his pay on promotion
indicating the DNI.
Pay in the existing scale of Rs.5500-175-9000
7950/-
Add one increment of the existing scale
175/8125/-
Pay fixed on promotion on 4-5-01 in the scale
Of Rs.6500-200-10500
8300/-
FR 22 (I) (a) (I)
Shri ‘X’ was drawing Pay @ Rs. 7000/- p.m. in the scale of Rs.4500125-7000 and was promoted to the pay scale of Rs. 5500-175-9000 w.e.f. 8-52003. He joined the duties on 2-6-2003(FN). His pay will be regulated as
under:Basic Pay in the lower post
Add one notional increment
Notionally increased Pay in the lower post
7000/125/7125/-
Pay on the higher post to be fixed at the
stage next above the notionally increased
pay of the lower post
7250/- p.m.
w.e.f. 2-6- 2003 i.e.
from the date of the
assumption of charge
for the higher post.
Next date of increment
01-06-2004
Fixation of Pay from the date of accrual of next increment
Shri Y was drawing the maximum of Rs.10500/- from 1-8-1998 in the
pay scale of Rs.6500-200-10500 is promoted to higher post in the scale of
Rs.7450-225-11500 on regular basis w.e.f. 1-3-2000. He exercised option for
152
6 fixation
of pay on accrual of stagnation
increment. His pay will be fixed as under.:
6500-200-10500
Basic Pay in the lower post
w.e.f. 1-8-98 to 28-2-2000
01-03-2000 (at the stage in the
higher post above his pay in
the lower post)
1-8-2000 (stag increment)
Add one notional increment
Notionally increased pay
Date of Next increment
7450-11500
10500/-
---
--
10600/-
10700/200/10900/-
----11050
w.e.f.1-8-2000
01-08-2001
A Sr.Auditor drawing pay Rs.6350/- in the pay scale of Rs.5500-1759000 is promoted to SO(A) in the scale of Rs.6500-200-10500 w.e.f. 26-82000(FN). His date of next increment as Sr.Auditor is 1-10-2000. He opts for
fixation of pay under FR 22 (I) (a) (I) from the date of next increment in the lower
scale fix his pay indicate the date of next increment.
Period
Senior Auditor
5500-175-9000
1-10-99 TO 25-8-2000
26-8-2000 TO 30-9-2000
1-10-2000
Add notional increment
6350
6350
6550
175
-------------6725
SO(A)
6500-200-10500
--6500
----------------6900
DNI : 1-10-2001
Fixation of Pay on identical scale will be fixed at the same stage in terms of FR
22 (III)
Fixation of pay on Adhoc Promotion
An AAO drawing Pay of Rs. 7450/- p.m. from 1-3-2003 in the scale
of Rs.7450-225-11500 was appointed as AO in the scale of Rs. 7500-25012000 on adhoc basis from 2-5-2003. The officer exercise option for fixation of
pay w.e.f. 1-6-2003 under FR 22 (I) (a) (I) on his earning increment in AAO scale
on 2-5-2003 the pay of officer on appointment to in the post of AO adhoc basis
shall be fixed @ Rs. 7750/- with DNI 1-5-2004 . The option is not available for
promotion on adhoc basis vide clause (a) (1) of FR 22 (I)
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6 Period
AO
7450-225-11500
1-6-02 TO 1-5-03
Add notional increment
AAO
7500-225-12000
7450/225/----------------7675/-
7750/( with DNI 1-5-2004)
Fixation of Pay on ACP.
An employee drawing a pay of Rs. 3200/- in the scale of Rs.25503200 was granted financial upgradation under ACP in the scale of Rs.2650-653300-70-4000. Fix his pay with DNI
Pay on the lower scale on the date of promotion
Pay after notional increase by one increment or
Rs.100/- which ever is more
Rs.3200/Rs.100/Rs.3300/Rs.3370/With DNI 1-8-2000
Pay fixed in the higher scale
Note : Though the stage of Rs.3300/- exist in the higher scale yet the pay will be
fixed at the stage next above the notional pay arrived at by increasing the pay in
the lower post by an increment or Rs.100/- whichever is more. Hence in the
instant case, pay is to be fixed at the stage above Rs.3300/- w.e.f. 9-8-1999 with
DNI 1-8-2000.
Shri ‘X’ was drawing pay @ Rs.7250/- in the scale of Rs.5000-1508000 with DNI 1-10-1999 and was granted two financial upgradation under ACP
w.e.f. 9-8-1999 i.e. from the pay scale of Rs. 5000-8000 to Rs.5500-175-9000
under ACP-I and to the scale of Rs.6500-200-10500 under ACP-II and exercised
option for fixation of pay under FR 22 (I) (a) (I) i.e. on the date of accrual of
increment in the lower scale. Fix his pay with DNI.
Date
1-10-1998
9-8-1999
Pay in the lower post
7250
7250
Fixation of Pay in
ACP-I
ACP-II
5500-175-9000
6500-200-10500
--Rs.7425/Rs.7700/under FR 22 (I) (a) (I)
DNI : 01-10-2000
Option is not admissible in the instant case as two financial
upgradations has been given w.e.f. 9-8-1999 itself, in terms of DO PT clarification
circulated vide no.5/3/99 –SOS/Vol.-IV/126 dated 7-2-2002 (Swami News 4/2002
P/29)
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6
Shri. ‘A’ was drawing Pay @ Rs. 5500/- in the scale of Rs.4000-1006000 and promoted in the pay scale of Rs.4500-125-7000 from 9-8-1999. He
exercised options for fixation of pay after accrual of increment on 1-10-1999 in
the lower scale under FR 22(1) (a) (I). Fix his pay with DNI:Period
Pay Scale
4000-100-6000
4500-125-7000
1.
1-10-98 to 8-8-99
5500
--
2.
9-8-99 to 30-9-99
5500
5625
3.
1-10-99
5600
5750
Add notional increment of Rs.100/100
----------5700
-----------
5750
with DNI 1-10-2000
The pay on promotion is to be fixed at Rs.5625/- being the stage next
above the pay drawn in the lower post.
ANOMALIES ---
CAUSES AND REMEDIES
In certain cases, the initial pay of a senior employee gets fixed at an
amount less than that of his junior. In such cases, a genuine anomaly is said to
have arisen.
The cases where such anomalies may arise are following:(i)
(ii)
(iii)
(iv)
(v)
(vi)
Application of FR 22 (I) (a) (I) on promotion to a higher post.
A senior drawing immediately before 1.1.1996, more pay than his junior
in the same cadre, getting his pay fixed in the revised scale at a stage
lower than that of such junior.
A senior promoted to a higher post before 1.1.1996, drawing less pay in
the revised scale than his junior who is promoted to the higher post after
that date.
A senior’s pay becoming lower than that of any of his junior’s in the
same cadre due to stepping up of pay of that junior with reference to his
own junior.
Where on merger of two existing scales, one being a promotional scale
for the other, a junior employee drawing his pay at equal or lower stage
in the lower scale of pay, happens to draw more pay in the revised scale
than the pay of the senior employee in the existing higher scale.
A senior and his junior in the same cadre getting their pay fixed at the
same stage in the revised pay scale as on 1.1.1996, and date of next
increment in case of junior falls earlier than in case of the senior.
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6
(vii) A
senior
departmental
promotee getting less pay than a junior direct recruit for whom the period
of training before appointment is counted for increment.
(viii) A senior employee promoted to a higher post before the introduction of
non-functional selection grades in Group ‘C’ and ‘D’, drawing less pay
than his junior who is promoted to a higher post after having been
appointed in the selection grade.
2 (A)
(a)
Both the senior and junior employees should belong to the same cadre
before promotion and working in the posts with the same scale of pay
before promotion.
(b)
Both should be promoted to identical posts in the same cadre.
(c)
The junior should have not drawn more pay than the senior at any point
of time in the lower grade (before promotion).
(d)
The junior should draw more pay at some point of time or the other in
the higher scale (i.e. in the promoted post) than the senior, due to the
application of FR 22.
2 (B)
(a)
(b)
(c)
(d)
Conditions to be fulfilled for an anomaly due to application of FR 22,
on promotion to a higher post:
Conditions to be fulfilled for an anomaly due to senior getting
promotion before revision of pay scales and junior after revision of
pay scales:
Both the senior and the junior employees should belong to the same cadre
and the posts in which they have been promoted should be identical in the
same cadre.
Pre-revised and revised scales of pay of the lower and higher posts in
which they are entitled to draw their pay should be identical.
The senior should draw at the time of promotion pay equal to or higher than
that of the junior.
The anomaly should be directly due to application of FR 22 or any other
rule regulating pay fixation on promotion in the revised scale.
Note: In cases where junior draws more pay in pre-revised scales by virtue of
advance increments granted to him the anomaly will not arise.
2 (C) Conditions to be fulfilled for an anomaly due to introduction of Selection
Grades in Groups ‘C’ and ‘D:
(a)
(b)
The scale of pay of the lower post (ordinary grade) and higher post in which
both junior and senior are entitled to draw pay should be identical.
The senior employee should have been eligible for appointment to
selection grade but for his working in the higher post on or before the date
on which the junior was appointed to the selection grade.
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6 (c)
The junior should not have
drawn more pay than the senior by virtue of fixation of pay under normal
rules or any advance increment, in the lower post.
(d) The anomaly should be directly as a result of the junior holding
selection grade in the higher scale at the time of his promotion to the
higher grade.
3.
Remedy of Anomalies – Stepping up of Pay of Senior Employee
(1)
In cases of (i) to (v) where anomaly arises due to fixation of pay on
promotion or revision of pay or a combination of both or due to stepping up
of pay of the junior, the pay of the senior will be stepped up to that of the
junior with effect from the date the junior draws more pay than the senior.
In case of (vi), the date of next increment of senior will be advanced to that
of the junior.
In case of ((vii), the pay of the departmental promotee shall be stepped up
from the date of increment of junior recruit (after the anomaly creeps in).
In case of (viii), the pay of the senior employee in the higher grade shall be
stepped up to that of the junior from the date of promotion of the junior
employee to the higher grade.
(2)
(3)
(4)
Important Note:
1.
2.
4.
The Govt. of India, MOF have clarified that in cases where a senior
becomes entitled to the benefit of stepping up twice with reference to the
pay if the two of his juniors promoted later the benefit of stepping up of pay
in accordance with the above orders should be allowed only once with
reference to the pay of the first junior and not with reference to the second
junior promoted later than the first junior.
[ Authority: C&AG’s decision No.2 below FR 22]
Stepping up of pay of the senior for the second time admissible:- The pay
of the semior ‘A’ is stepped up with reference to the pay of his first junior ‘B’
and at a later date the pay of the ‘B’ is stepped up with reference to
another junior ‘C’. Consequent on the stepping up the pay of the junior ‘B’
with reference to ‘C’ the senior ‘A’ may happen to draw lesser pay than his
junior ‘B’ in such cases the pay of the senior ‘A’ may again be stepped up
at par with his junior ‘B’ provided all the conditions under the general orders
for stepping up of pay of ‘A’ vis-à-vis ‘C’ are fully satisfied.
[ Authority: GOI order (21) below FR 22]
Authority Competent to Remove the Anomaly
The authorities mentioned in FR 27 can step up the pay, that is, an
authority who has power to create a post in the same cadre on the same scale of
pay. Head of Officer or Head of Department can advance the date of increment.
5.
Cases which are not Anomalies
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(i)
Senior getting less pay in
lower post due to postponement of date of next increment on account of
his proceeding on Extraordinary Leave.
(ii) Senior refusing promotion leading to early promotion of the junior and
later promotion of the senior.
(iii) Junior getting higher pay in lower post due to adhoc arrangements.
(iv) Senior joining higher post later and getting lower pay.
(v) Senior appointed to lower post later than the junior but getting promoted
earlier than the junior.
(vi) Senior direct recruits getting less pay than the junior promotees whose
pay is fixed with reference to pay last drawn.
(vii) Junior getting more pay due to additional increments earned on
acquiring of higher qualifications.
******