Master - Circular - 56 Fixation of Pay
Master - Circular - 56 Fixation of Pay
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MASTER CIRCULAR
Part I
Part II
The instructions on the subject 'Fixation of pay' are contained in various circulars
issued from time to time and Indian Railway Establishment Code Vol II. The
question of issue of consolidated instructions has been engaging attention of the
Railway Board for some time and it has now been decided to issue such
instructions in the form of a Master Circular, for the information and guidance of all
concerned. Accordingly, the Master Circular annexed herewith, is in two parts—
Part I Fixation of pay under FRs and Part II - Fixation of pay, - under other orders.
2. While referring to this circular, the original letters referred to therein should be
read for a proper appreciation. This Master Circular should not be treated as a
substitute for the originals. The original circular alone should be relied upon as
authority.
4. If any circular on the subject which has not been superseded has lost sight of,
in preparing the consolidated instructions. It would continue to be treated as valid
and operative. Such a missing circular, if any, may be brought to the notice of the
Railway Board.
Pay fixation
1. (under FRs)
5.1 Clause (a) (I) deals with fixation of pay of a Government servant
holding a Post other than a tenure post, in a substantive, temporary or
officiating capacity on promotion/ appointment in a substantive,
temporary or officiating capacity to a higher post.
5.2 Clause (a) (2) deals with fixation of pay of Govt. servant on
appointments to the new post which does not Involve assumption of
duties and responsibilities of greater Importance.
5.3 Clause (a) (3) deals with fixation of pay of a Govt. servant holding a
post in a substantive, temporary or officiating capacity on transfer on
his own request to a post with the maximum of the time scale of that
post being lower than his pay in the post held by him on regular basis.
5.4 Clause (b) deals with fixation of pay of a Govt. servant when the
conditions stipulated in Clause (a) above are not fulfilled, such as on
first appointment in Government service etc.
6. FR 22 (II)
7. FR 22 (III)
8. FR 22 (IV)
FR 35 vests powers with the Govt. to fix the pay of an officiating Govt.
servant at an amount less than that admissible under FR 22.
11. Pay on promotion/ appointment
i. Fixation of pay of a Govt. servant on promotion/ appointment from one
post to a higher post.
As per clause (a) (I) of FR 22, when a Govt. servant holding a post,
other than a tenure post, in a substantive, temporary or officiating
capacity is promoted or appointed in a substantive, temporary or
officiating capacity, as the case may be, to another post carrying duties
and responsibilities of greater importance then 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 above the notional pay arrived at by
increasing his pay in respect of the lower post held by him regularly by
an increment at the stage, at which such pay has accrued or rupees
twenty five whichever is more. In doing so, as applicable w.e.f.
1.1.1986, if there is an EB falling between the two stages, in the scale of
pay of the lower post no orders for crossing EB are necessary for the
purpose of fixing the pay in the higher post. This provision is applicable
to all cases of promotions to higher posts without any monetary limit.
11(2) Further, as per the proviso to clause (a) (I) of FR 22 (I), when a Govt.
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 should 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 regular basis by an amount equal to the last increment in the
time scale of the lower post or rupees twenty five whichever is more.
This is however subject to following conditions :-
ii. 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 Govt.
servant on regular basis.
11.2 (II) Option of date for fixation of pay on promotion to a higher post.
11.2 (i) The Govt. servant promoted to a higher post, on regular basis, gets
an option to be exercised for fixation of pay in the higher post as under
a. Either his initial pay may be fixed In the higher post on the basis
of clause (a) (I) of FR 22 (I) straightaway from the date of
promotion without any further review on accrual of increment in
the pay scale of the lower post ; or
11.2 (2) The option should be exercised by the Govt. Servant within one
month from the date of promotion. This option is not available in the
case of appointment on deputation to an ex-cadre post or to a post
held on ad-hoc 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.
11.4 FR 22(1) (a) (I) will not apply to cases of Govt. servants appointed to
higher posts through the UPSC and in whose case the Commission
have made a specific recommendation regarding the pay to be given.
The intention is that in a case where the UPSC recommends a specific
rate of pay, the person concerned should get that rate of pay. If on the
contrary the Commission recommends that the pay should be fixed
under the normal rules, then the pay may be fixed under FR 22(I)(a)
(I) subject to fulfillment of all the conditions regarding assumption of
higher duties prescribed in this rule. In all cases of appointment of
Govt. servants through the UPSC the recommendations of the
Commission in the matter of pay i.e. whether it is a specific rate of pay
or pay to be fixed under the normal rules, as the case may be, should
be indicated in the order or notification appointing the Govt. servant
concerned to the post.
Fixation of pay under FR 22(1) (a) (I) w.r.t. substantive pay or offg. pay
whichever may be beneficial.
Fixation of pay of State Govt. servant appointed to a post under the Central
Govt., carrying duties and responsibilities of greater importance.
12. Fixation of pay-on transfer from one post to another when the appointment
does not involve assumption of higher responsibilities.
12.1 As per clause (a) (2) of FR 22(1), when a Govt. servant holding post,
other than a tenure post, in a substantive, temporary or 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 importance 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 an 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.
12.3 As per the first proviso to cl. (a)(2) of FR 22(I), if the minimum pay of
the time scale of the new post is higher then his pay in respect of the
post held by him regularly,his initial pay should be fixed at the
minimum the new post.
14. Option for date for fixation of pay on appointment to a post not involving
higher responsibilities
15. Fixation of pay when the conditions prescribed in 22(I)(a) are not fulfilled.
As per clause (b) of FR 22(I), in cases where the appointments do not fulfill
the conditions prescribed in in clause (a), the initial pay of the Government
servants on such appointment should be fixed at the minimum of the time
scale of the post. This clause is applicable in the case of first appointment in
Government service and in cases where the Government servants are
appointed or transferred to another post when they do not hold a post on
regular basis.
16.1 This proviso is applicable both in cases covered by clause (a) and
cases, other than that of re-employment after resignation, removal or
dismissal from Public service, covered by cl. (b) of FR 22(I). The basic
principle behind this proviso is that a Government servant appointed
to a post on a second or subsequent occasion should not draw less pay
than what he drew in that post on the previous occasion. This proviso
is further elaborated below.
16.4 Proviso (1)(iii) : This proviso extends the benefit of counting the
previous service rendered on a post in the identical time scale under
the Government as well as the previous service rendered on a post in
an identical time scale under a body, incorporated or not, which is
wholly or substantially owned or controlled by the Government.
However, the counting towards initial fixation of pay on reversion to
the parent cadre, of the service rendered in such identical time scale
posts under a body incorporated or not, which is wholly or
substantially owned or controlled by the Government and the service
rendered in such identical time scale ex-cadre posts under the Govt. is
subject to the following conditions :
c. The service will count from the date his junior is promoted and
the benefit will be limited to the period the Govt. Servant would
have held the post in his parent cadre had he not been appointed
to the ex-cadre post. The principle of 'one for one' applicable for
extending NBR benefit will not be insisted upon for affording the
protection of pay. in other words, subject to e fulfillment of these
conditions, any number of persons working in ex-cadre posts can
get the benefit of protection Of pay and service under the
proviso.
Note: Such period of service in an identical time scale of a tenure post
will also now be taken into account when appointed to a post in
an identical time scale in a non-tenure post.
16.5 To sum up :-
a. The benefit of the protection of the pay and the date of increment
would be admissible in cases of appointments directly or on
transfer from a post carrying an identical time scale of pay under
the Government. The conditions enumerated above need not be
fulfilled.
17.
17.2 If, however, the last pay drawn by the Government servant in a
temporary post had been inflated by the grant of premature
Increments the pay which he would have drawn in the normal course
without the premature increments will be taken as the pay last drawn
in the temporary post unless the contrary is ordered by the authority
competent to create the new post. However, in a case, where the
initial fixation of pay in the post was done under FR 27 on the basis of
quasi-permanent pay, such pay need not be treated as having been
inflated for the purpose of the proviso to FR 22(I).
As stated earlier, FRs 30 & 31 which regulated the initial fixation and
regulation of pay of a Government servant on appointment to a post in an
officiating capacity were omitted while notifying new FR 22. Now so far as the
initial fixation of pay of a Government servant on appointment to a post is
concerned there is no distinction between appointment in substantive
capacity and appointments in temporary/ officiating capacity. In all cases of
appointment to another post, the initial pay of the Government servant in the
new post should be fixed under the provisions of FR 22(I). If the appointment
to the new post involves assumption of duties and responsibilities of greater
importance than those attaching to the post held by the Govt. servant, his
initial pay in the new post should be fixed under clause (a) of 22(I). If the
appointment to the new post does not involve such assumption of duties and
responsibilities of greater importance than those attaching to the post held
by the Government servant or if the appointment is to a non-functional
selection grade, his initial pay in the new post should be fixed under clause
(a) (2) of FR 22 (I).
19. Restriction of officiating pay. (FR 35)
Central Govt. may fix the pay of an officiating Govt. servant at an amount
less than that admissible under the rules. The restriction of officiating pay
under FR 35 should not be invoked in respect of regular cadre promotions
where the employee becomes due for promotion, falls within the zone of
consideration and fulfils all the qualifications prescribed for promotion.
However, in cases of appointment on promotion in the normal line within the
cadre, but which are not on regular basis, the pay may be restricted under FR
35 so as not to exceed the basic pay by more than the amount shown below:-
(a) For employees in receipt of basic pay above 12.1 % of basic pay or
Rs. 2200/- Rs. 330/- whichever is
more
(b) For employees in receipt of basic pay above 15 % of basic pay or Rs.
Rs. 1000/- upto Rs. 2200/- 200/- whichever is
more
(c) For employees in receipt of basic pay of and 20% of basic pay
below Rs. 1000/-
20. In cases where pay in the manner Indicated above comes to more than the
minimum or at the minimum of the promotional posts, the employee
concerned will be allowed pay at the minimum of the scale.
21. These rates are applicable with effect from the date an employee draws pay
in the revised scales of pay introduced under RS(RP) Rule. 1986.
22. When the offg. pay of a Govt. servant is fixed below the minimum of time
scale he must not be treated as having effectively officiated in that post and
the period during which he drew that pay will not count for increment in that
scale. On regular appointment in the same post his initial pay should be fixed
under FR 22(I).
23. Stepping up the pay of senior appointed to selection grade earlier at par with
junior appointed to Selection grade later
Cases may arise when a senior person appointed earlier to the selection
grade may get less pay than the junior appointed to selection grade later
after earning one more increment in the ordinary grade. in such cases, the
pay of the senior person may be stepped up to make it equal to the pay of the
junior person subject to fulfillment of the following conditions
i. Both the senior and junior employees should belong to the same cadre
and the selection grade to which they have been appointed should be
identical and in the same cadre.
ii. The senior employee has drawn pay more or equal to pay of his junior in
the ordinary grade from time to time before appointment to the
selection grade.
iii. The anomaly should have been directly as a result of the pay fixation
formula laid down as above.
24. The orders refixing the pay of the senior officer should be issued under FR 27
and the next increment of the senior employee will be drawn on completion of
the required qualifying service with effect from the date of refixation of pay.
25. Next Below Rule
The intention of this rule is to protect the interest of a Govt. servant who is
working on deputation under the Govt. outside his regular line of service and
on foreign service. Simply because he had gone out of his regular line, he
should not lose any offg. promotion which he would have otherwise received
had he been in regular line. Under this principle, an officer outside his regular
line and who is fit for promotion in his regular line can be given Proforma offg.
promotion to a higher grade without any change in the duties but subject to
the following conditions.
i. All the officers senior to him should have been promoted and be drawing
pay in the higher grad or still higher grades in which the promotion
(proforma) is sought to be given to the officer out-side the regular line.
If any senior has not been given such promotion, it should be due to
inefficiency, unsuitability or leave.
ii. The officer immediately junior to him should have been given officiating
promotion and be drawing pay in the higher grade. If the Immediate
junior has been overlooked, for reasons of unsuitability etc. the one still
junior should have been promoted to the higher grade.
iii. If no officer junior to him eligible for promotion within the cadre is
available, profroma promotion may be given to the officer subject to the
following conditions
a. that a post within the cadre remains unfilled for want of an
approved person junior to the officer and
b. the vacancy caused in the cadre is not filled up by making
promotion on ad hoc basis till the release of the next panel when
some juniors become eligible for promotion.
iv. The benefit should be given to only one officer against one vacancy. For
example, if series of officers are outside the ordinary line then the
promotion of a junior to them in the regular line will entitle only the
senior most of the series of officers to the benefit under the Next Below
Rule subject to fulfillment of the other conditions mentioned above.
v. The benefit of officiating promotion under the rule should be allowed
only against promotions in a cadre in vacancies of more than 90 days
duration. In other words, the initial vacancy as well as subsequent
vacancies on the basis of which the benefit is to be continued should
each be of more than 90 days duration.
26. The grant of benefit under NBR to an officer outside the regular line either on
deputation under the Govt. or on foreign service will entitle him to the
following :
a. To draw the higher rate of pay to which he may be entitled in the regular
line, while holding the post outside his regular line.
b. To count the period of his service from the date of proforma promotion
for increment in the post in which he would have officiated had he been
in the regular line.
27. For giving the benefit, a declaration under FR 22(II) to the effect that the
post held by the Government servant is outside the ordinary line will be
necessary.
28. A Govt. servant who does not require the benefit of NBR for the reason that
the post held by him is on a scale identical with the scale of pay of the post in
the regular line to which he is given proforma promotion can pass down the
benefit to the next senior-most officer outside the regular line, provided that
officer is senior to the junior promoted in the regular line.
29. The benefit under NBR should not be given to persons deputed to regularly
constituted ex-cadre posts abroad in which their pay is regulated by the
orders of the Central Govt. under FR 51-A. In such cases, when the officers
revert to their parent cadre, in or out of India and are appointed to the posts
which they would have held but for deputation abroad that portion of the
period during which the conditions of NBR are fulfilled will be allowed to count
for fixation of pay. The pay fixation will be done under FR 27.
30. Cases have come to notice wherein a senior Govt. servant promoted to a
higher post before 1.1.86 draws less pay in the revised scale recommended
by the 4th Pay Commission than his junior who is promoted to the higher post
after that crucial date. In order to remove the anomaly, it has been decided
that in such cases, the pay of the senior officer in the revised scale in the
higher post should be stepped up to a figure equal to the pay as fixed for the
junior officer in that higher post promoted on or after 1.1.86. The stepping up
should be done with effect from the date of promotion of the junior officer and
should be subject to the following conditions:-
a. Both the junior and the senior officer should belong to the same cadre
and the posts in which they have been promoted should be identical in
the same cadre.
b. The un-revised and revised scales of pay of the lower and higher posts
in which they are entitled to draw pay should be identical and
c. the anomaly should be directly as a result of the application of the
provisions of FR 22 C or any other rule or order regulating pay fixation
on such promotion in the revised scale. If even in the lower posts the
junior officer was drawing more pay in the pre-revised scale, than the
senior by virtue of fixation of pay under the normal rules or advance
increments granted to him, the provisions contained in the order need
not be invoked to step up the pay of the senior officer.
The orders refixing the pay of the senior officer in accordance with the
provisions of this order should be issued under FR 27 and the next increment
of the senior officer will be drawn after completion of the required qualifying
service with effect from the date of refixation of pay.
Where a senior employee promoted prior to 1.5.81 and whose pay was to be
fixed directly under FR 22-C is drawing less pay than his junior promoted on
or after the crucial date in whose case the pay initially fixed is in the manner
as under FR 22(a)(i) and the same is refixed under FR 22-C on the date of
accrual of next increment in the lower post, the pay of the senior person in
the higher post should be stepped up to a figure equal to the pay as fixed in
respect of the junior person in that higher post from the date of occurrence of
the anomaly viz. from the date the pay of the junior is refixed in the higher
post. The stepping up of pay of the senior would be subject to the follows
conditions namely:
a. Both the senior and junior employees should belong to the same cadre
and the posts in which they have been promoted on a regular basis
should be identical in the same cadre.
b. The scales of pay attached to the lower and the higher posts in which
they are entitled to drew pay should also be identical and
c. The anomaly should have arisen directly due to refixation of pay of the
junior persons (promoted on or after 1.5.1981) in the higher post, on his
date of next increment in respect of the lower post. In other words, it
should be ensured that there could have been no anomaly had the pay
of the junior person on promotion been fixed under the normal rules viz.
under FR 22-C direct. Also the senior person should not have been in
receipt of less pay than the junior even in the lower post from time to
time.
The orders refixing the pay of the senior person in accordance with the
provisions of this order should be issued under FR 27 and the next increment
of such a senior will be drawn on completion of the required qualifying service
from the date of refixation of pay under FR 27.
Arrears will be payable only from the date of the anomaly or the date of issue
of orders by the Board on the subject whichever is later.
32. Clarification issued by Ministry of Finance regarding stepping up of pay twice.
33. The following guidelines have been laid down for stepping up of Pay of the
seniors.
i. Junior person should draw more pay than his senior in the lower post
from time to time in the un-revised scale as well as revised scale.
ii. The stepping up of pay of a senior person with reference to the pay of
first junior with reference to whose pay anomaly has arisen can be
allowed Only once.
iii. The stepping up of pay in different cadres may be allowed only once
with reference to the first junior in each cadre.
34. Stepping up the pay of the senior for the second time admissible
If the pay of the senior 'A' is stepped up with reference to first junior 'B' and
at a later date, the pay of the said first junior 'B' is stepped up with reference
to another junior 'C' 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 are fully satisfied.
35. Treatment of spl. pay for the purpose of fixation of pay on appointment/
promotion to another post.
Spl. pay attached to posts falls under the following two categories viz:
i. Spl. pay granted for specific addition to duty or for arduous nature of
work.
ii. Spl. pay granted in lieu of a separate higher scale of pay.
The following types of special pay will neither be taken into account for
fixation of pay in the higher post nor will any protection be given for drop in
emoluments.
The special pay drawn in the lower post will be protected on promotion by
granting a personal pay equal to the difference between pay plus special pay
drawn in the lower post and the pay due in the higher post, on the basis of the
basic pay (i.e. excluding the spl. pay) in the lower post subject to the
following conditions:-
a. The competent authority should certify that but for his appointment
promotion to the other post, the Govt. servant would have continued to
draw the spl. pay.
b. The protection will only be for so long as the Government servant could
have continued to draw the special pay.
c. The personal pay will be absorbed in future increases of pay in the
higher post.
d. The authority competent to fix the pay of the Govt. servant on
promotion will also be competent to fix pay and grant personal pay.
e. The Head of Office should obtain a certificate from the competent
authority to the effect that the Govt. servant continues to be eligible for
the protection, in September and March every year.
38. Spl. pay granted in lieu. of a separate higher scale of pay
In cases where a Govt. servant is in receipt of a special pay in a post, his pay
on promotion to a higher post may be fixed after taking into account spl. pay
drawn in the lower post subject to the conditions mentioned below:-
a. In the case of persons holding substantively the lower post carrying spl.
pay in lieu of a separate higher scale appointed to a higher post, the spl.
pay drawn in the lower post will be treated as part of the basic pay in
the lower post and pay fixed in the higher post under normal rules
irrespective of the period for which the special pay was drawn. This
benefit will not however be available to officers with substantive
position in a cadre and holding a post carrying special pay in lieu of a
separate higher scale in the cadre, as confirmation of officer in the
cadre is not made against individual posts.
b. In respect of cases other than (a) above the spl. pay drawn in a lower
post will be taken into account for the purpose of fixation of pay in the
higher post on promotion in the following manner:-
i. If the spl. pay has been drawn in the lower post continuously for a
minimum period of 3 ears. on the date of promotion or if the spl.
pay has been drawn in the same post for broken periods and the
total of the broken periods put together is not less than 3 years on
the date of promotion, the pay in the higher post will be fixed
under the normal rules treating the spl. pay as part of the basic
pay in the lower post.
Note :- In cases where the spl. pay in respect of the same post has
been enhanced during the preceding 3 years of the date of
promotion, the rate at which the spl. pay was drawn
immediately before the date of promotion should be taken
into account for the purpose of fixation of pay in the higher
post.
ii. where such spl. pay has been drawn for a minimum period of three
years without break, in more than one post within the same cadre
or dept., the total period will be taken into account and the spl.
pay will be treated as part of the basic pay in the lower post. If the
quantum of spl. pay varies in different posts, the least of the spl.
pay drawn in different posts should be taken into account.
iii. If the spl. pay has not been drawn for a minimum period of three
years, and if it is certified by the competent authority that but for
the promotion, the Govt. servant would have continued to draw
the special pay in the lower post, then the pay in the time scale of
the higher post will-be fixed under the normal rule with reference
to the basic pay drawn in the lower post (excluding the spl pay).
Where this results in drop in emoluments, the difference between
the pay so fixed and the pay plus spl. pay drawn in the lower post
will be allowed in the form of personal pay to be absorbed in future
increases of pay.
39. The special pay drawn on a tenure post will neither be protected on
promotion to a higher post nor treated as forcing part of basic pay for fixation
of pay in the higher scale.
40. Regulation of pay of a Govt. servant who has been reduced as a punitive
measure to a lower grade or Post.
The pay of a Govt. servant who has been reduced to a lower grade or post as
a punitive measure may be fixed at an amount not exceeding the maximum
of the lower grade or post to which he was reduced as the authority ordering
the reversion may think fit, subject to the condition that the pay allowed to
be drawn should not exceed the pay which would have been admissible under
the operation of FR 22 read with FR 26(b) or 26(c). The regulation of
increment in the lower post will be made under the normal rules unless the
increment in the lower post is also withheld. If the order of reduction to the
lower post or grade is for a specified period, Immediately on expiry of that
period, the Govt. servant will automatically be restored to his original post or
grade. If the order of reduction lays down that the period of reduction shall
not operate to postpone future increments on restoration, the Govt. servant
will be entitled to the pay which he would have drawn but for the order of
reduction. If this takes him above the Efficiency Bar, then the procedure
prescribed in FR 25 for crossing the E.B. should be followed. If, on the other
hand, the order of reduction lays down that the reduction should operate to
postpone future increments then on restoration, his pay will be fixed at the
same stage which it was drawn at the time of his reduction to the lower post
or grade. The date of his next Increment will be determined under the normal
rules treating the period of reduction as non-counting for increment.
This rule mainly seeks to protect the substantive pay of the Govt. servant
appointed as a Probationer or 'on probation' in a service where recruitment to
permanent post is made as probationers or as an apprentice. The protection
is till the date of confirmation or regular appointment. On the date of
confirmation or regular appointment the pay will be fixed under the normal
rules. In the case of a permanent Govt. servant holding a higher offg. post at
the time of appointment as probationer/ apprentice, the pay will not be
refixed with reference to the pay that he would have drawn in the higher
officiating post.
43. FR 22-B(I) applies to persons who are already in Govt. service at the time of
their direct recruitment to another service as 'probationers'. The pay of such
Probationers will be regulated as under:-
i. He will draw pay at the minimum of the time scale or at the
probationary stage of the time stale.
ii. If he holds a lien or a suspended lien on any permanent post under
Govt. and if and when his presumptive pay in respect of such post is
more than the pay admissible under (i) above, 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(I).
However, if he was holding the previous post in a temporary capacity, his pay
will not be fixed under FR 22(I), but he will continue to draw the pay in the
time scale of the new post.
The holder of a post the pay of which is changed, shall be treated as if he was
transferred to a new post on the new pay provided that he may at his option
retain his old pay until the date on which he has earned his next or any
subsequent increment in the old scale, or until he vacates the post or ceases
to draw pay in the time scale. The option once exercised is final.
According to this rule, any Government servant who is holding a post at the
time of change of its pay scale shall be entitled to an option to retain his old
scale. The term 'change' has been interpreted by Govt. of India to mean any
revision irrespective of whether the revision is in the upward, equivalent or
downward direction, but the material point is that the revision should not
change duties or responsibilities. Even if the revision is accompanied by a
change in status, the option under FR 23 will be available. But when the
revision is concurrent with change in duties and responsibilities, the old post
will be deemed to have been substituted by the new post and the pay in such
cases will be fixed under the normal rules and not under FR 23.
A Govt. servant whose scale of pay is revised, the revision falling under F.R.
23, comes over to the revised scale either on the date of revision or from a
subsequent date after exercising the option under FR 23. His pay in the
revised scale will be fixed as under :-
As regards (a) above, the pay in the new time scale should be fixed at the
stage equal to the pay drawn in the old time scale or if there is no such stage,
at the stage next above the pay drawn in the old scale. If his pay in the
revised scale is fixed at the same stage he will draw his next increment in the
revised scale on the date on which he would have earned an increment in the
old post. If his pay is fixed in the revised scale at the stage next above the
pay drawn by him in the old scale, he will draw his next increment after
completion of the requisite period of service to earn an increment in the
revised scale.
50. If he had been drawing pay at the maximum of the old scale for part of a year
and his pay in the revised scale is fixed at the same stage, he will get his
increment after rendering service for remaining part of year. If he had been
drawing the pay at the maximum of the old scale for one year or more and his
pay is fixed in the revised scale at the same stage, the next increment will
accrue to him in the revised scale on the same date on which his pay is fixed.
51. In cases where the minimum pay of the revised scale is higher than the pay
drawn by the Govt. servant in the old scale, his pay in the revised scale will
be fixed at the minimum and he will draw his next Increment in the revised
scale only after completion of full incremental period of 12 months at that
stage from the date of fixation of initial pay in the revised scale, subject to
the provision of F. R. 26.
52. FR 22-A will apply in the matter of fixation of pay when a scale of pay is
reduced. In such cases the holder of posts will get an option under FR 23 and
in all probability they will choose to retain old scale till they vacate their
posts.
53. When the revision of a scale does not fall within the purview of FR 23, the pay
fixation in the new scale will be done under the normal rules.
(PART II)
FIXATION OF PAY
Index
2. Fixation of Pay of Act Apprentices and Rankers in the skilled artisan cadre -
In accordance with the general principle followed in such cases, the rate of
stipend in the latter case has been fixed at the minimum of the grade to which
recruitment has been made i.e., at Rs. 950 in the scale of Rs. 950-1500, the
period of training being less than one year. In the former case, however where
the training period extends for more than a year the rate of stipend fixed is at
the minimum of the next lower grade with an increment for the second and
third years i.e., Rs. 900-20-940.
It has been decided that Revised scale of Rs. 800-1150 is only a replacement
scale for Rs. 210-270 and not a promotional scale, for Daftaries/Jamadars.
Accordingly, fixation of pay under FR 22 -C is not permissible.
5. Pay fixation on posting as Power Controller, Crew Controller and Loco Inspector
-
6. Fixation of pay under note (1) below Rule 7 of the RS(RP), Rule 1986 in respect of
persons officiating in a higher post prior to 01.01.1986 on ad hoc basis, and
where the scales of lower and higher posts have been revised into one scale
from 01.01.1986.
Note (I) below Rule 7 of RS(RP) Rules, 1986 provides that where a railway
servant is holding a permanent post and officiating in a higher post on a
regular basis and the scales applicable to these two posts are merged into one
scale, the pay shall be fixed under this sub-rule with reference to officiating
post only and the pay so fixed shall be treated as substantive pay. Strictly
speaking, therefore provisions of this note are not attracted in respect of
persons officiating in a higher post on 'ad hoc' basis and where the scales of
lower and higher posts have been revised into one scale with effect from
01.01.1986.
i. The 'ad hoc' appointment was made from a date prior to 01.01.1986 and
continued in that capacity after 01.01.1986 also.
ii. At the time of ad hoc appointment, the Govt./Railway servant should have
rendered the minimum service in the lower grade which is prescribed as a
basic eligibility criteria in the relevant recruitment rules, for appointment to
the higher grade.
iii. The ad hoc appointment was made against a regular vacancy other than a
leave vacancy and the appointment was made on the basis of seniority in the
cadre, subject to rejection of unfit.
7. Fixation of pay in the Railway Services (Revised Pay) Rules 1986 - Clarification
regarding merger of pre-revised scales of Rs. 425-640 and Rs. 455-700 into a
single revised scale of Rs. 1400-2300.
Consequent upon introduction of Revised scales of Pay, 1986 with effect from
1.1.1986, the pre-revised scale of Rs.425-640 and Rs. 455-700 which were in
operation as functional grades got replaced by a single scale of Rs. 1400-2300.
In the Cash and Pay Deptt,, the scale of Rs. 455-700 was a promotional scale
for Rs. 425-640.
If the promotion order was issued prior to 01.01.1986 but the employee took
over the charge of the higher responsibilities after 01.01.1986, his promotion
would stand nullified because of a common replacement scale having been
introduced after 01.01.1986.
In such a situation, the employee is also not entitled to any stepping up of pay.
The pay of such employees has to be fixed in terms of the Railway Services
(Revised Pay) Rules 1986 only. Explicit provisions exist to regulate fixation of
pay under Explanation 2 to Rule 5 of this Ministry's Notification No. PC-
IV/86/RSRP/1 dated 19.09.1986 (RBE 168/1986) issued by the President in
exercise of powers conferred by the proviso to Art. 309 of the Constitution of
India, which has a statutory force.
The number of posts in the higher scale of Rs. 2000-3200 and promotional
criteria having been decided during 1987, appointments on functional basis
have been made effective from 01.04.1987. On appointment on 'functional'
basis, these employees become entitled to benefit of FR 22-C/1316 R.II.
The non-functional Selection grade posts in the pre-revised scales Rs. 775-
1000 for SO-A/Cs/ISA/TIA in the Accounts Cadre having been replaced by the
functional scale of Rs. 2000-3200 w.e.f. 1.4.87, the benefit of fixation under FR
22-C has been allowed only from that date. Those holding the Selection grade
posts as on 1.1.1986, were allowed the revised scale of Rs. 2000-3200 on a
personal basis till 1.4.1987. This has given rise to anomalies where a senior
employee holding the selection grade in the revised scale of Rs. 2000-3200 on
personal basis and promoted to Group 'B' as Asst. Accounts Officer before
1.4.1987. was drawing less pay then his junior who had got the benefit of
fixation under FR 22-C w.e.f. 1.4.1987 on promotion to revised functional grade
of SO A/Cs/Sr. TIA/Sr. ISA in scale Rs. 2000-3200 and was promoted to Gr. B
thereafter. To remove such anomaly, it has been decided that the pay of senior
staff may be stepped up on par with that of juniors in cases where the anomaly
of seniors drawing less pay than juniors has arisen consequent on introduction
of the intermediary functional grade of Rs. 2000-3200 w.e.f. 1.4.1987 in the
organised accounts cadre (80 : 20) subject to the following conditions.
11. Fixation of pay of officers promoted from Group B to senior scale, Grade A.
12. Application of Rule 2018-B (FR 22-C) R. II in the case of officers promoted from
Group B to senior scale, Group A.
Fixation of pay of Group 'B' officers on their promotion to Group A/Senior Scale
be regulated as under :—
The orders at (a) above are already in force vide Board's letter No. PC-
IV/86/Imp/36 dated 05.06.1987 (RBE 146/1987). The orders at (b) above
also take effect from 01.01.1986.
13. Fixation of pay of the Officers of RPSF in the 4th Pay Commission scales.
According to the provisions contained in Rule 7(1) (B) of the Railway Services
(Revised Pay) Rules, 1986, special pay in the existing scale is to be taken into
account for purposes of fixation in the revised pay scales if the existing scale
with the special pay has been replaced by a scale of pay without any special
pay. This would connote those special pays which were in lieu if a higher scale
of pay.
The Asst. Commandants and Commandants of the RPSF were being given a
special pay of Rs. 100 p.m. and Rs. 150 p.m. in terms of Board's letter No. PC-
III/74/PS-1-2 dated 14.11.1975 so long as they worked against these posts.
In other words this special pay was not admissible to them in the RPF nor was
it part of their pay scale but was granted during their tenure in the RPSF taking
into account the arduous nature of their duties.
Since officers of the RPSF are drafted from amongst the officers of the RPF and
the special pay is admissible to them only during their tenure in the RPSF for
compensating their strenuous duties in the RPSP, fixation of pay under RS(RP)
Rules 1986, under Rule 7(1) (B) of such offices during their tenure in RPSF,
after taking into special pay admissible to them at that time is not correct.
Action may be taken to rectify all such cases of erroneous fixation where the
special pay admissible in the RPSF has been taken into account for purposes of
fixation in the Revised Pay Scales.
14. Fixation of pay on appointment from one post to another not involving
assumption of higher responsibilities including appointment to non-functional
selection grade posts.
When a railway employee is appointed from one post to another, where the
appointment to the new post does not involve assumption of duties and
responsibilities of greater importance, than those attached to the old post,
including appointment to a non-functional selection grade, he will draw as
initial pay the stage of the time scale of the new post which is equal to his pay
in respect of the old post, or if there is no such stage, the stage next above his
pay in respect of the old post.
While in the former case, his next increment will become due on the date he
would have received an increment in the old post, in the later case, his next
increment in the new post, would become due on completion of the required
period, after which an increment is earned, in the time scale of the new post.
If the minimum pay of the time scale of the new post is higher than his pay in
respect of the old post, he would draw that minimum as his initial pay. Option
shall also be available for fixation of pay straightaway or with effect from the
date of next increment in the old post under these orders.
15. Fixation of pay on appointment from one post to another not involving
assumption of higher duties and responsibilities including appointment to non-
functional selection grade posts.
Instances have come to notice where officers of J.A. grade in Organised Gr. 'A'
services are retrospectively appointed to the non-functional selection grade of
Rs. 4500-5700 with effect from a date earlier than the date of option for
fixation in the revised JAG under RS(RP) Rules 1986 or their date of option for
fixation under Rule 1316(FR 22C) R. II in cases of promotion to the JAG taking
place after 01.01.1986. It has been represented that fixation of pay in the non-
functional selection grade retrospectively results in the financial hardship in
the fixation of pay of these officers and may also result in recoveries in a
number of cases.
In such cases, it has been decided that the officer may be allowed an option to
have his pay fixed in the non-functional Selection Grade of Rs. 4500-5700
w.e.f. the date on which he has opted for fixation in the revised JAG under
RS(RP) Rules 1986, or under the provisions of Rule 1316(FR 22-C) R. II as the
case may be, if such fixation is advantageous to the officers regardless of the
date from which the officer may have been promoted to the selection grade. In
such case, the next increment in the non-functional selection grade will accrue
on the anniversary of fixation, and not from the date of promotion to the
selection grade. Past cases, if any, may also be decided in terms of these
orders.
16. Fixation of Pay on promotion of Railway Board Sectt. Service Officers from
under Secretary level to Dy. Secy. level.
The pay of RBSS Officers promoted from the post of Under Secretary to Deputy
Secretary, with effect from 1.1.1986 may be fixed by applying the following
principle-
The pay shall be fixed at the higher of the two amounts indicated below :—
i. the minimum, of the time scale of the selection grade of RBSS, and
ii. the stage in time scale of the selection grade of RBSS equal to the pay of the
officer in grade I of RBSS plus Rs. 250 or, if there is no such stage, at the next
higher stage.
It has now been decided that for the purpose of fixation of pay, the posts of
AGMs of Railways, CAO(R), Advisers, Railway Board and Secretary Railway
Board — all in the scale of Rs. 7300-7600, should also be treated as cadre
posts belonging to the regular gazetted cadre of the discipline from which the
incumbent of the post is drawn for the time being. This would enable fixation of
pay, on appointment as GMs or equivalent with reference to pay drawn by
them as AGMs/CAO(R)/Advisers, Railway Board/Secretary Railway Board.
However, NBR certificates with reference to appointments in the above posts
would be admissible.
18. Guidelines for fixing pay of candidates working in public sector undertak
ings
etc. recommended for appointment by the Commission by the method of
recruitment by selection.