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) (b) For example in receipt of basic pay up to Rs.8,000 p.m. 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 % 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 responsibilitiesAs 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, Swamys Compilation of FR and SR, Part-I Fourteenth Edition] ********