Fixation of Pay

At present there are 35 standard pay scales. This has been

reduced to 20 and replaced by 4 running Pay Bands with one running
Pay Band each for all categories of employees for Group ‘B’ & ’C’. Two
running bands for group ‘A’. In addition 2 HAG + scale, 1 Appex scale
and one scale for Cabinet Secretary.

Instead of scale of pay deciding the status, now the grade pay
decide the status.

What is Grade pay?

Grade pay decides the status of a Government servant. For

calculating the Grade Pay, find out the maximum of old scale, multiply by
40%, arrive at nearest 100. For example the old scale is Rs.5500-175-
9000.

9000 multiply by 40% = Rs.3,600

(9000X40/100=3600)

Government has added Rs.600/- upto the level of US and above

US Rs.1000. Therefore the grade pay for Rs.5500-9000 would be
Rs.3600+600=Rs.4200

In the place of periodical increment a uniform rate of increment at

the rate of 3% of pay in the Pay Band + Grade Pay has been introduced.
The date of increment in all cases would be 1 st July. Those, who have
completed 6 month and above, in the scale as on 1 st July, are eligible for
increment. For example a Government servant enters service on
1.1.2007 in the Pay Band of Rs.5200-20200 + GP Rs.2000 continues in
service. Since he has completed 6 months in the post on 1.7.2007, the
1st increment will be drawn on 1.7.2007 and subsequent increment on
1.7.2008, 1.7.2009 so on.

However, if the Government servant enters service only on 3 rd

January, 2007, he would earn increment only on 1 st July, 2008 and not
on 1st July, 2007, since he has not completed 6 months on 1 st July.
 In the normal course if a Government servant is to join a post in a
Grade Pay on appointment/promotion on 1 st of an year but could not join
because 1st January is Sunday or Gazetted holidays, then the
Government servant who joins on the 1 st working day of the year will be
treated as having completed 6 months on 1 st July for the purpose of
increment.

Similarly, broken periods are to be counted with the definition of

months already explained i.e. 30 days will constitute a month. For
example a person is appointed on 2.1.2009, he will be completing 6
month on 1st July, 2009, as calculated below:

Period Year Month Day

2nd January 2009 to 31st January 2009 0 0 30
1st February 2009 to 30th June 2009 0 5 0
Total 0 6 0

For the purpose of arriving at the date of increment in a time scale,

the total of such periods which do not count for increment in that time
scale shall be added to the normal date of increment.

Following period will count for increment:

(i) All periods of duty;

(ii) Service in another post, except lower post;

(iii) Service in the higher officiating post;

(iv) All kinds of leave including Maternity leave, Study leave, Paternity
Leave, Child Care Leave, Adoption Leave etc., but excluding EOL;

(v) EOL on Medical Certificate;

(vi) EOL taken by the Government servant for prosecuting technical

studies;

(vii) EOL taken on account of civil commotion;

(viii) EOL which the official has taken because he could not join duty
due to the circumstances beyond his control;
(ix) Deputation in India or out of India, subject to the provision of
certificate;

(x) Joining time except availed on request to transfer or overstayal of

joining time;

(xi) Pre-induction training; and

(xii) Suspension treated as duty.

In other words following will not qualify for increment:

(i) EOL except exempted categories;

(ii) Dies-non;

(iii) Suspension not treated as duty;

(iv) Overstayal of joining time; and

(v) Overstayal of leave.

For example let us say the date of last increment of Mr. A is 1 st

July 2008. He had availed following periods which do not qualify for
increment:

S. No. Period Year Month Day

1 EOL without MC 29.07.2008 to 31.07.2008 0 0 3
2 Suspension not qualifying 7.10.2008 - - 27
to 2.11.2008
3 Dies-non 15.03.2009 to 05.04.2009 - - 22
Total non qualifying period 0 3 22

S. No. Period Year Month Day

1 Total requirement of qualifying service is 0 12 0
2 Deduct Non qualifying service 0 3 22
3 Balance qualifying service 0 8 08

That is 8 months and 08 days, which is more than 06 months.

Therefore, he will draw increment on 01.07.2009.
Another Example:

The date of last increment of Mr. A is 1.7.2008. Following period

do not qualify for increment:

S. No. Period Year Month Day

1 Suspension 1.9.2008 to 30.11.2008 0 3 0
2 EOL(Non qualifying) 15.12.2008 to 31.12.2008 0 0 17
3 EOL(NQ) 1.2.2009 to 31.3.2009 0 2 0
4 EOL (NQ) 1.5.2009 to 17.5.2009 0 0 17
Total non qualifying period 0 6 04

S. No. Period Year Month Day

1 Total requirement of qualifying service is 0 12 0
2 Deduct Non qualifying service 0 6 04
3 Balance qualifying service 0 5 26

That is 5 months 24 days which is less than 6 month. Therefore,

he will draw his next increment only on 01st July, 2010.

Fixation of Pay:

Fixation of pay deals with the following cases:

(i) Fixation of Pay of a Government servant holding a non-tenure post

in a substantive or temporary or officiating capacity on promotion
to any post in any capacity, his pay will be fixed under FR-22(1)(a)
(1);

(ii) Fixation of Pay of a Government servant holding a non-tenure post

in any capacity on transfer or appointment in any capacity to
another post which does not convey higher responsibility - FR-
22(1)(a)(2);

(iii) Fixation of pay of a Government servant holding a post in any

capacity on transfer at his own request to a post with the maximum
pay in the time scale of that post being lower than his pay in the
post held by him on regular basis - FR-22(1)(a)(3);

(iv) Fixation of pay of a Government servant on his first appointment in

Government service or in other cases where the conditions
prescribed have not been fulfilled - FR-22(1)(b);
(v) Grant of proforma officiating promotion under Next Below Rule
(NBR) to a Government servant who is working on deputation
under the Government outside his regular line of promotion or
Foreign service - FR-22(ii);

(vi) When a Government servant while holding an ex-cadre post is

promoted or appointed on regular basis to a post in his cadre, his
pay in the new cadre post should be fixed with reference to the
presumptive pay in the old post which he would have drawn but for
holding the ex-cadre post - FR-22(iv);

(vii) The pay of the Government servant can be fixed at a stage higher
than admissible under the normal fixation Rules by granting what
is known as premature increment in special circumstances - FR-
27;

(viii) The pay of an officiating Government servant can be fixed at an

amount less than admissible under normal fixation rules - FR-35;

(ix) Fixation of pay of the probationer and apprentice – FR-22-B.

How to fix the pay in the revised pay scale?

(i) Find out the existing scale of pay;

(ii) Find out the existing Pay Band;

(iii) What is the basic pay as on 01.01.2006;

(iv) Multiply the basic pay as on 01.01.2006 by 1.86;

(v) Item (iv) would be the pay in the Pay Band;

(vi) Fix the stage in the Pay Band after bunching if any;

(vii) Fix the Grade Pay;

(viii) Calculate the revised Basic Pay i.e. Pay in the Pay Band + Grade
Pay;

(ix) Fix the date of next increment.

What is bunching?

For example in a Group ‘A’ service, following batches of officers

were given the non-functional Selection Grade in the pre-revised Pay
Scale of Rs.14300-400-18300 with effect from the date shown below:

Batch Date of grant of Non- Date of Next Increment

functional Selection Grade
1984 05.01.2000 01.01.2001
1985 12.12.2000 01.12.2001
1986 06.06.2001 01.06.2002
1987 01.07.2002 01.07.2003
1988 01.07.2003 01.07.2004
1989 01.07.2004 01.07.2005

Let us presume they elected to have their pay fixed under Revised
Pay Rules w.e.f. 01.01.2006.

Step 1: The corresponding Pay Band and Grade Pay = PB-4,

Rs.37,400-67000 + GP-Rs.8700

Step 2: The Basic Pay in the Pre-revised pay scale for these officers
as on 01.01.2006 are as follows:

Batch Basic Pay as on 01.01.2006 (Rs.)

1984 16700
1985 16300
1986 15900
1987 15500
1988 15100
1989 14700
Step 3: Pay in the Pay Band is to be determined by multiplying the
existing Basic Pay as on 01.01.2006 by a factor of 1.86 and rounding off
the resultant figure to next multiple of Rs.10.

Batch Basic Pay (Pre- Multiply 1.86 Rounded off

revised)
1984 16700 31062 31070
1985 16300 30318 30320
1986 15900 29574 29580
1987 15500 28830 28830
1988 15100 28086 28090
1989 14700 27342 27350

Step 4: The minimum of the revised Pay Band i.e. PB-4 is Rs.37400,
which is higher than the amount arrived at in the last column in Step 3
above. Therefore the pay should be fixed at the minimum in all cases at
Rs.37400 in the Pay Band.

Step 5: It may be seen that all the above batches will get the same
pay in the Pay Band as on 01.01.2006. This is unfair because the
Senior batches will get less benefit than the junior batches and the un-
equals are treated as equals.

Therefore a proviso has been added in Rule 7 to allow bunching

only of 2 stages. And for every 2 stage bunch one increment in the new
Pay Band should be allowed excluding Grade Pay.

Thus the Basic Pay in the Pay Band will be as follows:

Pre-revised Scales Pay after bunching in

Revised Pay Band
14300 & 14700 37400
15100 & 15500 38530
15900 & 16300 39690
16700 & 17100 40880
17500 & 17900 42110
18300 43380
Step 6: The pay in the Pay Band for aforesaid officials is fixed as
below:

Batch Basic Pay (Pre-revised) Pay in the Revised

Pay Band -4
1984 16700 40880
1985 16300 39690
1986 15900 39690
1987 15500 38530
1988 15100 38530
1989 14700 37400

Step 7: Their Grade Pay will be Rs.8700/- for all such officers.

Thus the bunching is intended to equalise the benefits accrue for

officers recruited in various years.

In fixation of pay lower post and lower time scale are decided by
lower Grade Pay.

Fixation of pay to the post carrying higher responsibility – FR-22(1)(a)(1);

This is to be seen in two contexts:

(a) Promotion from one post to another in the same Pay Band – In this
case the pay will be fixed by giving one increment @ 3% of the pay in
the Pay Band + existing Grade Pay, being rounded of to next multiple of
Rs.10/-. This will be added to the existing pay in the Pay Band. The
Grade Pay of the promoted post will be granted in addition to the pay in
the Pay Band.

For example a Government servant drawing pay of Rs.10800/-

(Rs.8800+2000) in the Pay Band and Grade Pay of the scale of
Rs.5200-20200 + Grade Pay – 2000/- is promoted to a higher post in the
same Pay Band with Grade Pay of Rs.2400/-. His pay will be fixed as
under:

(i) Pay on date of Promotion = Rs.8800/-

(ii) Increment – Pay + GP (8800+2000) rounded off to multiple of
Rs.10/- which comes to 324, which is equal to Rs.330/-

Total Rs.9130/-

Grade Pay of the promoted post = Rs.2400/-

Basic Pay Rs.11530/- in the post of in the Pay Band of Rs.5200-20200 +

GP-Rs.2400/-

In case where the promotion involves change in the Pay Band the
fixation formula mentioned in pre-para should be followed. If the pay in
the PB after additing an increment happens to be less then the minimum
of the higher PB to which he has been promoted, the pay in the Pay
Band will be stepped up to such minimum.

For example a Government servant drawing the pay of Rs.10700 +

GP – Rs.2800/- in the PB of Rs.5200-20200 + Grade Pay Rs.2800 is
promoted to a higher post of PB – Rs.9300-34800 + GP-4200, his pay
will be fixed as under:

(i) Pay on the date of promotion = Rs.10700/-

Step 2: Add increment @ 3% on Pay + GP i.e.

13500 = Rs.410/-, Total Rs.11110/-

Pay Band to which promoted Rs.9300-34800 + GP- Rs.4200

The official will get Rs.11110 Pay in the PB + Rs.4200 as Grade Pay –
Total Rs.15310/-

On the other hand let us say a Government servant drawing

Rs.34420/- (Rs.26820 Pay + Rs.7600/- as GP) in the PB of Rs.15600-
39100 + 7600 GP is promoted to a higher post in the Pay Band + Grade
Pay of Rs.37400 – 67000 + GP – Rs.8700/-, the fixation will be as under:

Step 1: Pay on the date of promotion excluding Grade Pay –

Rs.26820/-

Step 2: Increment @ 3% on Pay + GP i.e. 34420 = Rs.1040/-, Total

Rs.27,860/-

He was promoted to the post of Rs.37400-67000

 Pay in the Pay Band after adding the increment i.e. Rs.27860/- is
less than the minimum of the higher Pay Band i.e. Rs.37,400/-.
Therefore his pay will be stepped up to minimum and his pay will be
fixed in the promotional post at Rs.37,400/- + Rs.8700/- GP equal to
Rs.46,100/-

When a Government servant reaches the maximum of his Pay

Band, he shall be placed in the next higher Pay Band after one year of
reaching the maximum. At the time of placing in the higher Pay Band,
benefit of one increment should be provided. He will continue to move in
the higher Pay Band till he reaches the maximum of PB-4. After which
no further increment can be granted.

For example a Government servant has reached the maximum in

the PB + GP of Rs.5200-20200 + GP – Rs.2800 on 1.7.2009. On
1.7.2010 he will be placed in the higher Pay Band of Rs.9300-34800 +
Grade Pay Rs.2800/- after giving one increment i.e.

Step 1: Pay on 01.07.2010 – Rs.20,200/- + Rs.2800/- GP

Step 2: 3% increase on Rs.23000 = 690

Total Rs.20890

Higher Pay Band Rs.9300-34800 + Grade Pay Rs.2800

Pay would be Rs.20890 + GP-2800

Option for fixation of Pay:

A Government servant promoted to higher post on regular basis is

given an option to fix the pay in the higher post either from the date of
promotion or date of accrual of his increment. In such cases fixation of
pay will be done as under:

If the Government servant opts to get his pay fixed form the date of
his next increment, on the date of promotion, the pay in the Pay Band
will continue but the Grade Pay of the higher post will be given. Further
re-fixation will be done on the date of increment i.e. 1 st July. On that day
he will be given 2 increments, 1 normal increment and another for
promotion. While computing these increments basic principle of date of
promotion should be taken into account. For example if the basic, prior
to date of promotion, is Rs.100/- the 1 st increment (towards the normal
increment will be computed on Rs.100/- and 2 nd increment, which is
towards promotion will be computed on Rs.103/-.
 On the other hand, if the Government servant wants to get his pay
fixed on the date of promotion, he will be given one increment and the
pay in the Pay Band of the promoted post will be fixed with the new
Grade Pay.

In case the Government servant chooses to get his pay fixed in the
higher grade on the date of promotion, he shall get his first increment in
the higher grade in the next 1 st July, if he was promoted between 2 July
and 1st January. However, if he was promoted between 2 nd January and
30th June, he shall get his increment on the 1 st July next year. In other
words, he is entitled for an increment provided he has spent at least 6
months in the scale.

Conditions for invoking FR – 22(1)(a)(1):

(i) Lower post should be a non-tenure post;

(ii) Lower post should be held on regular basis;

(iii) The higher post should carry higher responsibility;

(iv) Appointment to the higher post can be in any capacity, but subject
to the fulfilment of eligibility conditions in recruitment rules;

(v) The benefit of one increment @ 3% would be given for fixation

straightaway;

(vi) Pay in the higher post should be fixed only with reference to the
pay in the parent post.

Benefit of Option – The conditions for application: Very

Important

(1) Fixation under FR -22(1)(a)(1) will be done straightaway from the

date of promotion. Alternatively the fixation in the higher post will
be done from the date of next increment in the lower post;

(2) The option should be exercised within one month. The order of
promotion should include this condition clause;

(3) It does not apply to deputation to ex-cadre post or direct

recruitments;
(4) Similarly, it does not also apply to ad-hoc promotions. However, if
ad-hoc promotion is followed by regular promotion, fresh option
should be called for;

(5) If the pay fixed under FR-22(1)(a)(1) straightaway from date of

promotion and if the official has completed 6 months qualifying
service then 1st July of the year will be date of increment, otherwise
1st July of the following year will be the date of increment.

FR-22-C or FR-22(1)(a)(1) does not apply in the following cases:

Very Important

(i) Appointment was made through UPSC and UPSC has mad
specific recommendations;

(ii) In the case of fresh appointment;

(iii) Appointment to the post which do not carry higher responsibility;

(iv) Where the lower post is a tenure post;

(v) Where the lower post is not held on regular basis;

(vi) Appointment as probationers or apprentice;

(vii) On reversion from an ex-cadre post to a higher post in the parent

cadre.

Appointment to and from ex-cadre post:

The provisions under FR-22(1)(a) are applicable in the case of

appointment to ex-cadre post, if the employees choose to draw pay in
the scale of pay of ex-cadre post. However, if the cadre pay to duty
deputation allowance is drawn the question of application of this rule
does not arise.

The benefit of option to have the pay fixed in the ex-cadre post
from the date of next increment in the Cadre post is not admissible. Pay
has to be fixed straightaway under FR-22(1)(a)(1) or FR-22(1)(a)(2).

FR-22(iv) regulates the pay on reversion from an ex-cadre post to

a parent post;
 Where a Government servant holding an ex-cadre post is
promoted or appointed on regular basis to a post in his cadre, his pay in
the cadre post will be fixed only with reference to his presumptive pay in
the cadre post, which he would have drawn but for his holding any ex-
cadre post, outside the ordinary line of service by virtue of which he
becomes eligible for such promotion or appointment.

As per this provision if an employee is reverted to the parent cadre

in the post held by him earlier, he will draw the pay that should be
admissible if he had continued in the post. Similarly, if the reversion is to
a post, in a higher scale in the parent cadre, the pay will be fixed under
FR-22(1)(a)(1) with reference to the pay in the parent post.

Similarly, in the case of deputation from one ex-cadre post to

another ex-cadre post, if the employee opts to draw pay in the pay scale
of second or subsequent ex-cadre post, the pay will be fixed under
normal rules with reference to the pay in his cadre post only. However, if
the time scale of pay of the second or subsequent ex-cadre post is
higher than the previous one, the pay will be fixed only with reference to
the cadre post and if the pay so fixed is less than the pay drawn in the
previous ex-cadre post, the difference may be allowed as personal pay
to be absorbed in future increments of pay.

Fixation of Pay in Lower time scale – FR – 15-A:

Fixation of pay on transfer to a lower grade pay in the same Pay

Band or in the lower Pay Band at his own request:

When a Government servant is appointed to a new post in the

same Pay Band at his own request under FR-15-A and if the Grade Pay
in the new post is lower than the Grade Pay drawn by the Government
servant in the old post held by him on regular basis, his initial pay in the
new post will be fixed by granting the Grade Pay of the lower post.
Similarly, if the maximum of Pay Band and Grade Pay is lower than the
pay drawn by the Government servant in the old post held by him on
regular basis, his initial pay in the new post will be fixed at the maximum
of the Pay Band + Grade Pay of the lower post.
For example: A Government servant drawing the pay of Rs.21620
(Rs.16820+ Rs.4800 GP) in the Pay Band + GP of Rs.9300-34800 + GP
4800 from 1.7.2009. He is appointed at his own request to another post
in the same Pay Band with Grade Pay of Rs.4200 on 1.2.2010.

On 1.2.2010 his pay in the new post would be Rs.16820 + 4200

GP = Rs.20120/-

Another Example: A Government servant drawing the pay of

Rs.25,220/- (21020 + GP 4200/-) in the Pay Band + GP of Rs.9300-
34800 + GP 4200/- from 1.7.2009 is appointed on his request in the Pay
Band + GP of Rs.5200-20200 + GP – Rs.2800/- on 1.3.2010.

As the maximum of Pay Band & Grade Pay is lower than the Pay
drawn by the Government servant in the old post held by him on regular
basis, his initial pay in the new post will be fixed at the maximum of Pay
Band of that post. Accordingly on 1.3.2010 his pay in the new post will
be Rs.20200 + GP Rs.2800/-.

Appointment to a post which do not carry higher responsibility –

FR-22(1)(a)(2):

When a Government servant holding a post other than a tenure

post in any capacity is appointed in any capacity to another post which
does not involve higher responsibility, his initial pay may be fixed at the
stage equal to his pay in the old post held by him on regular basis and
he will draw his increment in the new post on 1 st July of the year subject
to completion of 6 months in the post.

Following points should be noted:

(i) No mention has been made about the status of new post. The
provision therefore applies to all cases, whether the new post carries a
scale of pay higher than or lower than or equivalent to the old post. The
only condition is the new post should not involve higher responsibility,
the old post should have been held on regular basis and the
appointment in the new post may be in any capacity.

The pay will be fixed in the new post equal to the stage drawn by
him in the old post. In that case the next increment will be from the
usual date of increment.
 If the minimum of the pay scale of the new post is higher than the
pay of the old post, his pay has to be fixed at the minimum.

Even in these cases, the Government servant can exercise option

to have the pay fixed in the new post either from the date of appointment
to that post or from the date of next increment of the old post. The
option should be exercised within one month.

If he elects to have the pay fixed from the date of next increments
in the old post, there will be no fixation of his pay in the new post on the
date of appointment and he will continue to draw the pay of the old post.
Even though he will be discharging the duties of new post till the date of
his increment in the old post. On the drawal of increment his pay has to
be re-fixed.

However, consequent to the implementation of 6 th Central Pay

Commission recommendations the above provisions require
amendment.

From 1.1.2006, the status of the post is decided by its Grade Pay.
Therefore transfer to a post not carrying higher responsibility, will in fact,
be a transfer to a post in the same Pay Band with the same Grade Pay
or to a post with less Grade Pay either in the same Pay Band or in a
lower Pay Band.

If the transfer is to a post in the same Pay Band with same Grade
Pay no fixation is allowed. On the other hand, if the transfer is to a post
in the same Pay Band with a lower Grade Pay there will be no change in
the Pay Band. But the employee will draw lower Grade Pay.

If the transfer is to a lower Pay Band with lower Grade Pay there
will be no change in the Pay Band but he will draw the lower Grade Pay
i.e. the protection of the Band Pay (Instruction in this regard are
required). Protection of Band Pay is given because the appointment is
in public interest.

For example an official drawing Grade Pay of Rs.2800 in PB-1 is

transferred to a post in the same Pay Band with a Grade Pay of
Rs.2400/-. There will be no change in the Band Pay but he will draw the
Grade Pay of Rs.2400/-.
 Similarly, an official drawing Band Pay of Rs.15440 and GP-4200
in PB-2 is transferred to a post in PB-1 with Grade Pay of Rs.2800 he
will continue to draw the Band Pay of Rs.15440 but his Grade Pay will
be Rs.2800/-.

On transfer to a post with less Grade Pay higher Grade Pay

cannot be given. It is not fair to increase the Band Pay to make up the
shortfall in the Band Pay.

A possible solution would be to allow the difference in the Grade

Pay as personal pay to be absorbed in future increments of Pay.

In the above cases the fixation would be as under:

1st Example:

GP-2400 + PP-400 (to make up the shortfall of GP-2800)

2nd Example:

Band Pay Rs.15440 + GP2800 + PP-1400 (to make up the loss of GP

4200/-)

Fixation of Pay in the case of fresh appointment:

In the case of fresh appointment in cases where the Government

servant are appointed or transferred to another post when they do not
hold any post on regular basis, his initial pay will be fixed at the minimum
of the Pay Band + Grade Pay.

Next Below Rule or Proforma Promotion: Very Important

NBR is not an independent Rule governing fixation of pay. This

rule simply sets the guiding factors to protect the interest of Government
servant who are working outside the cadre namely ex-cadre. The
intention is simply because a Government servant went out of the
Department he should not lose his promotion which he would have got
had he not gone on deputation.

For giving the benefit of NBR, a declaration under FR-22 (ii) to the
effect that the post held by him is outside the normal line is necessary.
The powers are delegated to the Department.
Conditions:

(i) The officer, to whom NBR benefits are given, should be

considered fit for promotion in the regular line;

(ii) All his seniors should have been promoted and drawing pay in the
higher grades or still higher grades, unless they have been passed
over due to inefficiency or unsuitability;

(iii) The officer next junior should have been promoted or if he is also
bypassed at least one still junior should have been promoted;

(iv) Supposing, no junior is eligible for promotion, then, there should be

a clear vacancy available and the vacancy should not have been
filled even on ad-hoc basis;

(v) The benefit is given to only one person against the vacancy under
one for one (1:1) principle.

How do you fix the pay?

In case a Government servant on deputation to an ex-cadre post

get promoted in his cadre post in the higher Grade, the Pay in the Pay
Band will be fixed with reference to his immediate junior in the Cadre.
However, the Government servant would continue to get the Grade Pay
of the deputation post till the end of deputation;

In case the Government servant on deputation to a post in PB-4

get promoted in his Cadre to a post in HAG+, his basic pay should be
fixed with reference to the basic pay of the junior. But the total pay in
the PB+GP of the deputation post should not exceed Rs.79000/-.
Similar ceiling is kept in the promotion to Appex scale and also to HAG.

The benefits that are accrue as a result of NBR:

(i) The officer is entitled to draw higher rate of pay to which he is

entitled in the regular line while holding the post outside his cadre;

(ii) He can count the period of service from the date of promotion for
increment in the post to which he was promoted.
Fixation of Pay in respect of Probationer or Apprenticeship – FR-
22-B:

FR-28-B deals with fixation of pay in the case of probationer or

apprentice.

(i) If a person is recruited afresh as a probationer, he will draw pay at

the minimum of the Pay Band + Grade Pay at the probationary
stage in accordance with CCA (RP) Rules, 2008;

(ii) On the other hand if he holds a lien on any permanent post under
the Government and when his presumptive Pay of such post is
more than the pay admissible under first para, he will draw such
presumptive pay.

(iii) On confirmation in the post, after the expiry of probation he will

have his pay fixed under FR-22(1)(a)(1) or FR-22(1)(a)(2);

(iv) However, if he was holding the previous post in temporary

capacity, his pay will not be fixed under FR-22(1)(a)(1) or FR-22(1)
(a)(2). Instead he will continue to draw the pay in the Pay Band +
Grade Pay of the new post;

(v) In the case of apprentice, the fixation will be regulated as under:

(a)He will draw during the period of apprenticeship the stipend or pay
prescribed for an apprentice;

(b)However, if he is holding a lien on any other permanent non-tenure

post under the Government and where his presumptive pay in
respect of such post is more than the stipend, admissible under
the para above, he will draw such presumptive pay;

(c) On satisfactory completion of apprenticeship on regular

appointment in the service, his pay will be fixed in time scale of the
service under FR-22(1)(a)(1) or FR-22(1)(a)(2);

(d)On the other hand if he is not holding any lien on the permanent
post, on completion of apprenticeship his pay will be fixed at the
minimum of the scale prescribed for the post.
FR-27 – Very Important

Grant of Premature increment:

Subject to the special rules made by President, an authority who is

competent to create a post in the same cadre in the same scale of pay
may grant premature increments to the Government servant on the said
scale of pay;

The purpose of the rule is to extricate or overcome the hardship or

extreme loss of emoluments arising out of normal fixation of pay under
FR-22. In such cases, the competent authority can fix the pay higher
than what is fixed under normal rules by granting premature increments.

The basic rule is that the FR-27 can be invoked only on the
recommendations of UPSC or on the basis of general or special orders
made by President.

FR-27 should not be invoked in the following cases:

(i) In disregard of any advice given by Ministry of Finance in individual

cases;

(ii) To protect the loss of emolument caused due to abolition of special

pay or personal pay or duty deputation allowance or other
perquisites;

(iii) As a reward of meritorious work;

(iv) In disregard of normal fixation of pay rules unless extreme

hardship is established;

FR-27 can be invoked for stepping up the pay of the senior who is
drawing less pay than his junior. In such cases the pay of the senior
should not be stepped up in the following circumstances:

(a) The Senior having gone on EOL and his increment got postponed;

(b) Senior having foregone his promotion leaving his junior promoted;

(c) Senior having gone to ex-cadre but junior availing ad-hoc and
officiating promotion;
(d) Senior joining the higher post later than the junior;

(e) Senior having been appointed later than junior in the lower post;

(f) Senior direct recruit drawing less pay cannot claim pay parity with
junior promotee;

(g) Junior getting more pay due to additional increments granted for
higher studies;

Once fixation was done under FR-27, the authority cannot, under
the law, reduce the initial pay originally fixed. Even, if such a pay was
based on some data which was found erroneous at a later stage.

It is the increment accrued in the normal course which can be

withheld as a measure of penalty. In other words the advance increment
cannot be withheld.

FR-35:

FR-35 is opposite to FR-27. While the FR-27 gives the powers to

Central Government to fix the pay higher than the pay fixed under
normal rules by granting what is called premature increment, FR-35
gives the powers to Central Government to fix the pay of an officiating
Government servant at an amount less than that admissible under
normal fixation of pay rules.

The restrictions under FR-35 should not be invoked in respect of

regular Cadre promotion where the employee becomes due for
promotion, falls within the zone of consideration and fulfils all
qualifications for promotion. However, in case of appointment on
promotion in the normal line within the Cadre but not on regular basis,
the pay has to be restricted so that it does not exceed the basic pay by
more than the following:

(i) For officials in receipt of pay in the PB above Rs.14880/- P.M. –

12½ % of the basic pay (Pay in the PB + GP) subject to a
maximum of Rs.2000/-;

(ii) For officials in receipt of pay in the PB upto Rs.14880/- - 15% of

the basic pay subject to a maximum of Rs.4000/-;
(iii) In the case of Government servants who are regularly appointed
on deputation in accordance with relevant recruitment rules, to
held another post, he can exercise either of the two options:

(a) He can draw his basic pay in the parent post + 5% or 10% of the
basic pay as duty deputation allowance; alternatively

(b) He can choose to draw the pay of the deputation post.

In the former case the basic pay + duty deputation allowance

should not exceed the maximum of PB-4 i.e. Rs.67000/- + Grade Pay of
the deputation post subject to a maximum of Rs.10000/-.

Special Pay:

Special pay is to be taken into account for fixation of pay:

As we have already seen special pay can be granted in lieu of

higher scale or for arduous nature of duties.

In the case of Special Pay being granted in lieu of higher scale,

example Desk Officer, Special Pay will be included in the Pay last drawn
for fixation in the higher post, provided the official is holding the lower
post substantively or holding the post for a minimum period of three
years either continuously or intermittently.

(i) If not i.e. if the Government servant is not holding the post
substantively or not holding the post with Special Pay for three years or
more, fix the pay in the higher post without taking into account the
Special Pay. However, in such a case, if the pay so fixed in the higher
post is less than the pay of the old post + Special Pay, the difference will
be paid as personal pay to be absorbed in future increments of pay.

(ii) Special Pay granted for arduous nature of duties: In this

case Special Pay will not be taken into account. However, if the pay &
Special Pay of the lower post is more than the pay fixed in the higher
post, the difference will be payable as personal pay to be absorbed in
future increments of pay.

Special Pay in respect of tenure post or in any other cases is not

given any protection even where there is a drop in the emoluments.