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PAY FIXATION
Pay : Pay means the amount drawn monthly by a Government servant as the
pay which
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
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 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
FR 22(1)(a)(1)
(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).
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.
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.
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
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.
(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.
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.
FIXATION OF PAY :-
2. The pay will not be again fixed at the time of functional promotion in
the time Scale.
(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.
MINOR PENATIES
(I) Censure
MAJOR PENALTIES
(VI) Reduction to a lower state with cumulative effect.
Withholding of Increments :-
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.
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.
MAJOR PENALTY
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
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the such period, the reduction will or will not have the effect of postponing
the future increments of his pay.
(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 :-
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
(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.
(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 up-
gradation 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.
(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 ACP scheme has become operational w.e.f. 9.8.1999 i.e. date of issue of
DOPT OM mentioned above.
NO ACP TO MTD
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.
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.
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
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
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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.
2(i) In all cases where the pension is fully ignored, the initial pay on re-
employment 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
(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.
iv) Where the pay is fixed below the minimum of the pay scale of the re-
employed 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 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
Shri X was drawing Pay @ Rs. 7000/- p.m. in the scale of Rs.4500-
125-7000 and was promoted to the pay scale of Rs. 5500-175-9000 w.e.f. 8-5-
2003. He joined the duties on 2-6-2003(FN). His pay will be regulated as
under:-
6500-200-10500 7450-11500
Basic Pay in the lower post
w.e.f. 1-8-98 to 28-2-2000 10500/- ---
01-03-2000 (at the stage in the
higher post above his pay in
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the lower post) -- 10600/-
Fixation of Pay on identical scale will be fixed at the same stage in terms of FR
22 (III)
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. 7500-250-12000
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)
Period AAO AO
7450-225-11500 7500-225-12000
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.
(a) 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.
(b) 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.
(c) The senior should draw at the time of promotion pay equal to or higher than
that of the junior.
(d) 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) 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.
(b) 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.
(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.
(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.
(2) In case of (vi), the date of next increment of senior will be advanced to that
of the junior.
(3) 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).
(4) 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.
Important Note:
1. 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&AGs decision No.2 below FR 22]
2. 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--vis C are fully satisfied.
[ Authority: GOI order (21) below FR 22]
(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.
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(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.
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