Pay fixation on promotion and availability of option

Dated 13.09.2022)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment (Pay-I Section)


Pay Fixation
Department of Personnel and Training has issued various instructions from time
to time on pay fixation of Government servants. These instructions are broadly
categorized as under:
A. Pay fixation on promotion and availability of option.
B. Pay fixation on transfer to a lower post on own volition under FR 15(a).
C. Restriction of Officiating Pay under FR 35.
D. Stepping up of Pay.

  1. All these instructions issued till date have been consolidated under easily
    comprehensible headings for the facility of reference and guidance of all concerned.
    I. FUNDAMENTAL RULE
    1F.R. 22 (I) The initial pay of a Government servant who is appointed to a post on a time
    scale of pay is regulated as follows:
    2
    (a)(1) Where a Government servant holding a post, other than a tenure
    post, in a substantive or temporary or officiating capacity is promoted or
    appointed in a substantive temporary or officiating capacity, as the case
    may be, subject to the fulfillment of the eligibility conditions as prescribed
    in the relevant Recruitment Rules, to another post carrying duties and
    responsibilities of greater importance than those attaching to the post held
    by him, his initial pay in the time-scale shall be fixed by giving one
    increment in the level from which the Government servant is promoted and
Pay Fixation
  1. Part- A : Pay fixation on promotion and availability of option:

    he or she shall be placed at a cell equal to the figure so arrived at in the
    level of the post to which promoted or appointed and if no such cell is
    available in the level to which promoted or appointed, he shall be placed at
    the next higher cell in that level.
    Save in cases of appointment on deputation to an ex cadre post or
    to a post on ad hoc basis or on direct recruitment basis, the Government
    servant shall have the option, to be exercised within one month from the
    date of promotion or appointment, as the case may be, to have the pay
    fixed under this rule from the date of such promotion or appointment or to
    have the pay fixed initially at the next higher cell in the level of the post to
    which he or she is promoted on regular basis and subsequently, on the
    date of accrual of next increment in the level of the post from which
    Government Servant is promoted, his pay shall be re-fixed and two
    increments (one accrued on account of annual Increment and the second
    accrued on account of promotion) shall be granted in the level from which
    the Government Servant is promoted and he or she shall be placed at a
    cell equal to the figure so arrived, in the level of the post to which he or
    she is promoted; and if no such cell is available in the level to which he or
    she is promoted, he or she shall be placed at the next higher cell in that
    level.
    In cases where an ad hoc promotion is followed by regular
    appointment without break, the option is admissible from the date of initial
    appointment or promotion to he exercised within one month from the date
    of such regular appointment.
    In cases where an officer has retired as adhoc before being
    regularised to that post and later on has been assessed during the
    process of regularisation and found fit by the competent authority along
    with his or her juniors, who are still in service and are eligible to avail of
    the option facility from a date on which the retired employee was still in
    service, the same option facility shall also be extended to the retired
    employee, to be exercised within three months from the date when his or
    her junior became eligible to avail of option facility and in cases where
    such retired employee was himself the junior most, he or she may
    exercise the option facility within three months from the date when his or
    her immediate senior became eligible to avail of option facility:
    Provided that where a Government servant is immediately before
    his promotion or appointment on regular basis to a higher post, drawing
    pay at the maximum of the level of the lower post, his initial pay in the level

    of the higher post shall be fixed at the cell equal to the figure so arrived at
    in the level of the post to which promoted or appointed 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 level of the lower post and if no such cell
    is available in the level to which he is promoted or appointed, he shall be
    placed at the next higher cell in that level.
    3
    (2) When the appointment to the new post does not involve such
    assumption of duties and responsibilities of greater importance, he shall
    draw as initial pay, the stage of the time scale which is equal to his pay in
    respect of the old post held by him on regular basis, or if there is no such
    stage, the stage next above his pay in respect of the old post held by him
    on regular basis:
    Provided that where the minimum pay of the time scale of the new
    post is higher than his pay in respect of the post held by him regularly, he
    shall draw the minimum as the initial pay:
    Provided further that in a case where pay is fixed at the same
    stage, he shall continue to draw that pay until such time as he would have
    received an increment in the time scale of the old post, in cases where
    pay is fixed at the higher stage, he shall get his next increment on
    completion of the period when an increment is earned in the time-scale of
    the new post.
    On appointment on regular basis to such a new post, other than to
    an ex-cadre post on deputation, the Government servant shall have the
    option, to be exercised within one month from the date of such
    appointment, for fixation of his pay in the new post with effect from the
    date of appointment to the new post or with effect from the date of
    increment in the old post.
    (3) When appointment to the new post is made on his own request
    under sub-rule (a) of Rule 15 of the said rules, and the maximum pay in
    the time-scale of that post is lower than his pay in respect of the old post
    held regularly, he shall draw that maximum as his initial pay.
    (b) If the conditions prescribed in clause (a) are not fulfilled, he shall draw as
    initial pay on the minimum of the time-scale:
    Provided that, both in cases covered by clause (a) and in cases,
    other than the cases of re-employment after resignation or removal or
    dismissal from the public service, covered by Clause (b), if he—

    (1) 4has previously held substantively or officiated in
    (i) The same post, or
    (ii) A permanent or temporary post on the same time-scale, or
    (iii) A permanent post or a temporary post (including a post in a body,
    incorporated or not, which is wholly or substantially owned or
    controlled by the Government) on an identical time-scale; or
    (2) is appointed subject to the fulfilment of the eligibility conditions as
    prescribed in the relevant Recruitment Rules to a tenure post on a timescale identical with that of another tenure post which he has previously
    held on regular basis;
    then the initial pay shall not, except in cases of reversion to parent
    cadre, governed by proviso(1)(iii) be less than the pay, other than special
    pay, personal pay or any other emoluments which may be classed as pay
    by the President under rule 9(21)(a)(iii) which he drew on the last
    occasion, and he shall count the period during which he drew that pay on
    a regular basis on such last and any previous occasions for increment in
    the stage of the time-scale equivalent to that pay. If, however, the pay last
    drawn by the Governments servant in a temporary post had been inflated
    by the grant of premature increments, the pay which he would have drawn
    but for the grant of these increments shall unless otherwise ordered by the
    authority competent to create the new post, be taken for the purposes of
    this proviso to be the pay which he last drew in the temporary post which
    he had held on a regular basis. The service rendered in a post referred to
    in proviso (1)(iii) shall, on reversion to the parent cadre count towards
    initial fixation of pay, to the extent and subject to the conditions indicated
    below:-
    (a) The Government servant should have been approved for
    appointment to the particular grade or post in which the previous
    service is to be counted;
    (b) all his seniors, except those regarded as unfit for such
    appointment, were serving in posts carrying the scale of pay in
    which benefit is to be allowed or in higher posts, whether in the
    Department itself or elsewhere and at least one junior was holding
    a post in that Department carrying the scale of pay in which the
    benefit is to be allowed; and

    (c) the service will count from the date his junior is promoted on a
    regular basis and the benefit will be limited to the period the
    Government servant would have held the post in his parent cadre
    had he not been appointed to the ex-cadre post.
    (II) The President may specify post outside the ordinary line of service the
    holder of which may, notwithstanding the provisions of this rule and subject to
    such conditions as the President may prescribe, be given officiating promotion
    in the cadre of the service which the authority competent to order promotion
    may decide, and may thereupon be granted the same pay whether with or
    without any special pay attached to such posts as they would have received if
    still in the ordinary line.
    (III) For the purpose of this rule, the appointment shall not be deemed to
    involve the assumption of duties and responsibilities of greater importance if
    the post to which it is made is on the same scale of pay as the post, other than
    a tenure post, which the Government servant holds on a regular basis at the
    time of his promotion or appointment or on a scale of pay identical therewith.
    (IV) Notwithstanding anything contained in this rule, where a Government
    servant holding an ex-cadre post is promoted or appointed regularly 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 held 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.
    [1,3. Notification No. 1/10/89-Estt.(Pay-I) dated 30.08.1989]
    [2. Notification No. 13/1/2017-Estt.(Pay-I) dated 19.11.2018]
    [4. Notification No. 1/10/89-Estt.(Pay-I) dated 28.11.1990]
    Note: Fundamental Rules 22 C, 30 and 31 were omitted vide Para 3 of DoPT’s
    Notification No. 1/10/89-Estt.(Pay-I) dated 30.08.1989.
    II. In context of CCS (RP) Rules, 2016 – with effect from
    01.01.2016
    (1) Availability of Option
    FR 22(I)(a)(1) holds good with regard to availability of option clause for pay
    fixation, to a Government Servant holding a post, other than a tenure post, in a
    substantive or temporary or officiating capacity, who is promoted or appointed in a

    substantive, temporary or officiating capacity, as the case may be, subject to the
    fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to
    another post carrying duties or responsibilities of greater importance than those
    attaching to the post held by him/her. Such Government Servant may opt to have
    his/her pay fixed from the Date of his/her Next Increment (either 1st July or 1st January,
    as the case may be) accruing in the Level of the post from which he/she is promoted,
    except in cases of appointment on deputation basis to an ex-cadre post or on direct
    recruitment basis or appointment/promotion on ad-hoc basis.
    (2) Method of fixation of pay from DNI
    (a) In case, consequent upon his/her promotion, the Government Servant opts to
    have his/her pay fixed from the date of his/her next increment (either 1st July or 1st
    January, as the case may be) in the Level of the post from which Government Servant
    is promoted, then, from the date of promotion till his/her DNI, the Government Servant
    shall be placed at the next higher cell in the level of the post to which he/she is
    promoted.
    Illustration:
    1 Level in the revised pay structure : Level 4
    Pay Band 5200-20200 (In Rupees)

    Grade Pay
    1800 1900 2000 2400 2800
    Levels 1 2 3 4 5
    1 18000 19900 21700 25500 29200
    2 18500 20500 22400 26300 30100
    3 19100 21100 23100 27100 31000
    4 19700 21700 23800 27900 31900
    5 20300 22400 24500 28700 32900
    6 20900 23100 25200 29600 33900
    7 21500 23800 26000 30500 34900
    8 22100 24500 26800 31400 35900
    9 22800 25200 27600 32300 37000
    10 23500 26000 28400 33300 38100
    2 Basic Pay in the revised pay structure : Rs. 29600
    3 Granted promotion in Level 5
    4 Pay in the upgraded Level i.e. Level 5 : Rs. 30100 (next higher to Rs. 29600 in Level 5)
    5 Pay from the date of promotion till DNI: Rs. 30100
    (b) Subsequently, on DNI in the level of the post to which Government Servant is
    promoted, his//her Pay will be re-fixed and two increments (one accrued on account of
    annual increment and the second accrued on account of promotion) may be granted in
    the Level from which the Government Servant is promoted and he/she shall be placed,
    at a Cell equal to the figure so arrived, in the Level of the post to which he/she is

    promoted; and if no such Cell is available in the Level to which he/she is promoted,
    he/she shall be placed at the next higher Cell in that Level.
    Illustration:
    1 Level in the revised pay structure : Level 4
    Pay Band 5200-20200 (In Rupees)
    Grade Pay
    1800 1900 2000 2400 2800
    Levels 1 2 3 4 5
    1 18000 19900 21700 25500 29200
    2 18500 20500 22400 26300 30100
    3 19100 21100 23100 27100 31000
    4 19700 21700 23800 27900 31900
    5 20300 22400 24500 28700 32900
    6 20900 23100 25200 29600 33900
    7 21500 23800 26000 30500 34900
    8 22100 24500 26800 31400 35900
    9 22800 25200 27600 32300 37000
    10 23500 26000 28400 33300 38100
    2 Basic Pay in the revised pay structure : Rs. 29600
    3 Granted promotion in Level 5
    4 Pay from the date of promotion till DNI: Rs. 30100
    5 Re-fixation on DNI: Pay after giving two increment in Level 4 : Rs. 31400
    6 Pay in the upgraded Level i.e. Level 5 : Rs. 31900 (either equal to or next higher to
    Rs. 31400 in Level 5)
    (c) In such cases where Government Servant opts to have his/her pay fixed from the
    date of his/her next increment in the Level of the post from which he/she is promoted,
    the next increment as well as Date of Next Increment (DNI) will be regulated
    accordingly.
    (3) ‘Option’ clause in promotion order
    In order to enable the officials to exercise the option within the time limit
    prescribed, the option clause for pay fixation on promotion with effect from date of
    promotion/DNI shall invariably be incorporated in the promotion/appointment order so
    that there are no cases of delay in exercising the options due to administrative lapse.
    [OM No. 13/02/2017-Estt.(Pay-I) dated 27.07.2017]
    III. Revision/Change of option
    Pursuant to any unforeseen developments or change of rules, a Government
    Servant may give a revised option for pay fixation under FR 22(I)(a)(1) within one month
    from the date of orders of such unforeseen developments or change of rules.
    Acceptance of such revised option may thereafter be examined and decided on merits
    by the Ministry/Department concerned with the approval of Department of Personnel &

    Training. In case, it is decided to allow fresh option to the Government Servant
    concerned, the option once exercised shall be treated as final.
    [Para 2 of OM No. 16/8/2000-Estt.(Pay-I) dated 25.02.2003]
    IV. Procedure for referring the cases to DoPT for clarification
    Proposals on pay fixation, pay protection, etc. are to be referred to DoPT,
    through administrative Ministry/Department concerned, giving full facts of the case in
    chronological order with all relevant documents properly flagged and specifying the
    point of reference without ambiguity. It needs to be ensured that all the points listed out
    in the checklist are available in the file for proper appreciation of the case.
    (a) CHECK LIST FOR CASES OF BELATED OPTIONS
  2. Primary reason for request for exercising belated option;
  3. Copy of the promotion order to be furnished;
  4. Whether option clause was incorporated in the promotion order;
  5. Primary reason for condonation of delay, whether it is due to Administrative fault
    or individual fault;
  6. If Administrative fault whether responsibility has been fixed for the lapse;
  7. Steps taken to avoid recurrence of such administrative lapse in future;
  8. Option exercised by the official concerned;
  9. Period of delay;
  10. Reasons for delay;
  11. Whether it is an isolated case;
  12. Comparative pay fixation statement with/without option duly verified by the
    competent authority to be furnished;
  13. Recommendation/views of IFU/FA on the specific point of reference. 1All the
    references should be made to DOP&T with the approval of the Secretary of
    the Administrative Ministry/Department;
  14. Relevant rule(s)/instructions issued on the subject to be quoted;
  15. Illustration of the case;
  16. 1While sending the proposal, the name, designation of the Joint
    Secretary/Director (Phone number and e-mail id) who can be contacted for
    further correspondence to be indicated.
    (b) CHECK LIST FOR CASES OF REVISED OPTIONS
  17. Primary reason for the request for revised option;
  18. Reason for not exercising revised option earlier;
  19. Period of delay;
  20. Reasons for delay;
  21. Copies of earlier option and revised option exercised by the official along with the
    promotion order;
  22. Quantum of loss, if revised option is not allowed, to be indicated;
  23. Whether the proposal is covered under unforeseen development/change of rules
    as per this Department’s OM No. 16/8/2000-(Pay-l) dated 25.02.2003;
  24. Unforeseen development/change of rules due to which option sought to be
    revised need to be specified;
  25. Whether the option was exercised by the individual within the stipulated period
    i.e. one month as envisaged under OM No. 16/8/2000-(Pay-l) dated 25.02.2003;
  26. Whether unforeseen development has any effect on the DNI/pay drawn by the
    individual prior to his date of promotion;
  27. Whether it is an isolated case;
  28. In case of retired officials, the date of their retirement and the copies of the
    representations made/option exercised by them to be furnished;
  29. Comparative pay statement with/without revised option duly verified by the
    competent authority in a tabular form clearly specifying the arrears;
  30. Recommendations/views of IFU/FA on the specific point of reference;
  31. 1All the references should be made to DOP&T with the approval of the
    Secretary of the Administrative Ministry/Department;
  32. 1While sending the proposal, the name, designation of the Joint
    Secretary/Director (Phone number and e-mail id) who can be contacted for
    further correspondence may also be indicated.
    [1. Para 3 of OM No. 43011/9/2014-Estt.D dated 28.10.2015]
    [Para 2 and Annexure II-III of OM No. 17-5/2008-Pay.I dated 20.06.2008]
    Part- B : Pay fixation on transfer to lower post under FR 15(a) :
    The method of pay fixation in respect of a Government Servant transferred to a
    lower post under FR 15(a) on his/her own request with effect from 01.01.2016 is as
    under:
    ‘In case of transfer to a lower Level of post in the Pay Matrix under FR 15(a) on
    his/her own request with effect from 01.01.2016, the pay of the Government
    Servant holding a post on regular basis will be fixed in the revised pay structure at
    the stage equal to the pay drawn by him/her in the higher Level of post held
    regularly. If no such stage is available, the pay will be fixed at the stage next
    below in the lower Level with respect to the pay drawn by him/her in the higher
    Level of post held regularly and the difference in the pay may be granted as
    personal pay to be absorbed in future Increment(s). If maximum of the vertical
    range of pay progression at the lower Level in which he/she is appointed,
    happens to be less than the pay drawn by him/her in the higher Level, his/her pay
    may be restricted to that maximum under FR 22(I)(a)(3).’
    [Para 2 of OM No. 12/1/2016-Estt.(Pay-I) dated 31.03.2017]
    Part- C : Restriction of officiating pay under FR 35 :
    I. FUNDAMENTAL RULE
    In terms of the provisions contained in Fundamental Rule 35 (FR 35), the Central
    Government may fix the pay of an officiating Government servant at an amount less
    than admissible under the Fundamental Rules. Accordingly, orders have been issued
    from time to time indicating the circumstances and the extent to which provisions of FR
    35 would apply.

    II. REVISED CEILINGS IN 7TH CPC CONTEXT
    The question of revising the ceilings for restriction of basic pay under FR 35 after
    implementation of CCS (RP) Rules, 2016 was considered by the Government. It was
    decided that the pay under FR 35 shall be restricted in a manner so that the increase in
    the basic pay of the post held by the Government Servant prior to the officiating
    appointment shall not exceed 12.5% subject to a maximum of Rs. 6700 per month. Any
    increase in excess of 12.5% of the basic pay with a further ceiling of Rs. 6700 per
    month shall be treated as substantial increase for the purposes of FR 35.
    III. METHOD OF PAY FIXATION
    In case of appointment on promotion in the normal line within the cadre but which
    is not on regular basis, initially the pay may also be fixed under relevant rules. After
    such fixation of pay, if it is found that there is no substantial increase in the pay so fixed
    as defined in para 2 above, the restriction under FR 35 will not be applied as shown in
    Illustration 1. However, after such fixation of pay, if it is found that there is substantial
    increase in the pay so fixed, the restriction as mentioned in para 2 above will be applied.
    In that case, after restriction of basic pay if there is no such Cell equal to the amount so
    arrived after restriction is available in the Level of Pay Matrix of the officiating post, the
    officer shall be placed at the next higher Cell in that Level even if the limit for restriction
    mentioned in para 2 above is breached, as shown in Illustration 2. The Government
    servant will earn his annual increment on the basic pay so fixed after imposition of
    restrictions under FR 35.
  33. However, in the cases where the pay of the officer after imposition of the
    restrictions in the manner indicated above is fixed at less than the value of the first Cell
    of the Level of the officiating post, in that case, his pay will be fixed in the Level of post
    held by him before such officiating appointment. If no such Cell equal to the amount so
    arrived after restriction is available in the Level of post held by him before such
    officiating appointment, the officer shall be placed at the next higher Cell in that Level
    even if the limit for restriction mentioned in para 2 above is breached and he will draw
    his annual increment(s) in that Level of the lower post till he reaches the minimum of the
    Level of the officiating post. After one year of reaching/surpassing the minimum of the
    Level of the officiating post, the officer will become entitled to increment in the Level of
    the officiating post and his pay will be fixed in Cell 2 of the Level of the pay matrix of the
    officiating post as shown in Illustration 3.

    IV. APPLICABILITY
    In cases of appointments on promotion in the normal line within the cadre but
    which are not on regular basis, the pay shall be restricted under FR 35 in the manner
    given above. However, restriction of officiating pay under FR 35 will not be invoked in
    respect of regular cadre promotion where the employee who becomes due for
    promotion falls within the zone of consideration and fulfils all the conditions of eligibility
    prescribed in the Recruitment Rules for promotion.
    V. DATE OF EFFECTIVENESS
    The new rates are applicable with effect from the date an employee drew pay in
    the revised scale of pay applicable in accordance with Central Civil Services (Revised
    Pay) Rules, 2016.
    VI. ILLUSTRATIONS
    Illustration 1
    An officer was drawing pay of Rs.78500/- in Cell 6 of Level 11 before his appointment to
    officiate in Level 12 carrying duties and responsibilities of greater importance than those
    attached to the post held by him before such appointment.
    On the date of his officiating appointment, he may be granted one increment
    (Cell 7 in Level 11-Rs.80900/-) and thereafter, he is to be placed at a cell equal to the
    figure so arrived (Rs.80900/-) in the Level 12. Since no such cell equal to Rs. 80900/- is
    available in Level 12, he shall be placed at the next higher cell in that Level [Cell 2 of
    Level 12- Rs.81200/-].
    After such fixation since there is only an increase of amount of Rs.2700/- (Rs.
    81200-78500/-) which is less than 12.5% of the basic pay (Rs.78500/-) of the post held
    earlier by the officer before such officiating appointment and further limit of Rs.6700/-,
    there is no substantial increase in the pay so fixed. The restrictions under FR 35 will,
    therefore, not apply in this case and his pay will be fixed at Rs.81200/- (Cell 2 in Level
    12).

    Illustration 2
    An officer was drawing pay of Rs. 175500/- in Cell 13 of Level 13 before his
    appointment to officiate in Level 14 carrying duties and responsibilities of greater
    importance than those attached to the post held by him before such appointment. In this
    case, his pay is to be fixed in the following manner under FR 35:-
    On the date of his officiating appointment, he may be granted one increment
    (Cell 14 of Level 13- Rs. 180800/-) in the Level (Level 13) of the post held by him before
    officiating appointment. Since no cell equal to Rs.180800/- is available in Level 14 he
    shall be placed at the next higher cell in that Level (Rs. 182700/- Cell 9 of Level 14). By
    such fixation of pay, the increase in pay comes to Rs. 7200/- (Rs. 182700-175500).
    Amount of / Increase of Rs.7200/- is more than increase of Rs.6700/- permissible under
    FR 35 and as such this increase shall be treated as substantial increase for the purpose
    of restriction under FR 35. Thus, his pay is to be fixed at Rs. 182200(175500+6700).
    However, as no such cell equivalent to the value of Rs. 182200/- is available in Level
    14, his pay is to be fixed at next Cell in Level 14, i.e. Rs. 182700/- (Cell 9 in Level 14)
    breaching the limit of Rs.6700/-.
    Illustration 3
    An officer was drawing pay of Rs.36500/- in Cell 2 of Level 6 before his
    appointment to officiate in Level 7 carrying duties and responsibilities of greater
    importance than those attached to the post held by him before such appointment. In this
    case, his basic pay is to be fixed in the following manner under FR 35:-
    On the date of his officiating appointment, he may be granted one increment
    (Cell 3 of Level 6 Rs.37600/-) in the Level (Level 6) of the post held by him before
    officiating appointment. However, no cell equal to amount of Rs. 37600/- is available in
    Level 7 as minimum Cell value in Level 7 is Rs.44900/- (Cell 1 of Level 7). If his pay is
    fixed at Rs.44900/- (Cell 1 of Level 7), the increase in pay comes to Rs. 8400/-
    (Rs.44900-36500) which is more than increase of Rs.4562.50 (12.5% of 36500) limit
    prescribed under this OM. As such, this increase shall be treated as substantial
    increase for the purpose of restriction under FR 35. His basic pay is thus to be fixed at
    Rs.41062.50 (36500+4562.50) in the Level of the post held by him before such
    officiating appointment i.e. Level 6. Since no such Cell equal to the amount of
    Rs.41062.50 is available in Level 6, his pay is to be fixed at next Cell in that Level, i.e.
    Rs.41100/- (Cell 6 in Level 6) breaching the limit of 12.5%.
    [OM No. 1/4/2017-Estt.(Pay-I) dated 28.02.2019]

    Part- D : Stepping Up of Pay :
    I. GENERAL INSTRUCTIONS
    In order to remove the anomaly of a Government servant promoted or appointed
    to a higher post on or after 01.01.2016 drawing lower pay in that post than another
    Government servant junior to him in the lower grade and promoted or appointed
    subsequently to another identical post, the pay of the senior Government servant in the
    higher post should be stepped up to a figure equal to the pay as fixed for the junior
    Government servant in that higher post. The stepping up should be done with effect
    from the date of promotion or appointment of the junior Government servant and will be
    subject to the following conditions, namely:
    II. ESSENTIAL CONDITIONS
    (a) both the junior and the senior Government servants should belong to the same
    cadre and the posts in which they have been promoted are identical in the same
    cadre;
    (b) the Pay Level in the Pay Matrix of the lower and higher posts in which they are
    entitled to draw pay should be identical;
    (c) the anomaly is directly as a result of the application of the provisions of
    Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For
    example, if the junior officer was drawing more pay in the existing pay structure
    than the senior by virtue of any advance increments granted to him, the
    provisions of this sub rule should not be invoked to step up the pay of the senior
    officer.
    III. DATE OF NEXT INCREMENT AFTER GRANT OF
    STEPPING UP OF PAY
    The order relating to re-fixation of the pay of the senior officer in accordance with
    clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be
    entitled to the next increment on completion of the required qualifying service with effect
    from the date of re-fixation of pay.

    IV. EVENTS / CASES WHERE STEPPING UP OF PAY IS NOT
    ADMISSIBLE
    The following instances/events wherein juniors draw more pay than seniors, do
    not constitute anomaly and, therefore, stepping up of pay will not be admissible in such
    events:
    (a) Where a senior proceeds on Extra Ordinary Leave which results in
    postponement of his Date of Next Increment in the lower post and consequently
    he starts drawing less pay than his junior in the lower grade itself. He, therefore,
    cannot claim pay parity on promotion even though he may be promoted earlier
    to the higher grade than his junior(s);
    (b) If a senior forgoes/refuses promotion leading to his junior being
    promoted/appointed to the higher post earlier and the junior draws higher pay
    than the senior.
    (c) If the senior is on deputation while junior avails of the ad-hoc promotion in the
    cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or
    regular promotion following such adhoc promotion in the higher posts vis-à-vis
    senior, is not an anomaly in strict sense of the term;
    (d) If a senior joins the higher post later than the junior, for whatsoever reasons,
    whereby he starts drawing less pay than the junior. In such cases, senior
    cannot claim stepping up of pay at par with that of his junior.
    (e) If a senior is appointed later than the junior in the lower post itself whereby he is
    in receipt of lesser pay than the junior, in such cases also the senior cannot
    claim pay parity in the higher post if he draws less pay than his junior though he
    may have been promoted earlier to the higher post.
    (f) Where an employee is promoted from lower post to a higher post, his pay is
    fixed with reference to the pay drawn by him in the lower post under
    FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer
    length of service in the lower grade, his pay may get fixed at a higher stage than
    that of a senior direct recruit appointed to the same higher grade and whose
    pay is fixed under different set of rules. For example a Senior Secretariat
    Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO)
    gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the
    post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of

    CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level,
    applicable to ASO to which he is appointed. In such a case, the senior ASO
    (DR) cannot claim pay parity with that of the promotee junior ASO.
    (g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less
    pay than his junior who is appointed in the same cadre and in same post on adhoc basis subsequently, the senior cannot claim pay parity with reference to the
    pay of that junior since the ad-hoc officiating service in higher post is reversible
    and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc
    promotion but only on regular promotion following such ad-hoc promotion
    without break.
    (h) Where a junior gets more pay due to additional increments earned on acquiring
    higher qualifications.
    Note: The above instances/events are only illustrative and not exhaustive.
    [OM No. 4/3/2017-Estt.(Pay-I) dated 26.10.2018]
    V. PROCEDURE FOR REFERRING CASES OF STEPPING UP OF PAY TO DOPT
    Proposals on pay fixation, pay protection, etc. shall be referred to DoPT, through
    administrative Ministry/Department concerned, giving full facts of the case in
    chronological order with all relevant documents properly flagged and specifying the
    point of reference without ambiguity. It needs to be ensured that all the points listed out
    in the checklist are available in the file for proper appreciation of the case.
    CHECK LIST FOR CASES OF STEPPING UP OF PAY
  34. The primary reason for request of stepping up;
  35. Whether the condition of stepping up fulfilled in terms of 1OM No. 4/3/2017-
    Estt.(Pay-I) dated 26.10.2018. If no, which condition is not fulfilled;
  36. Copies of promotion order of the senior and junior;
  37. Comparative pay fixation statement of the senior and junior invariably indicating
    the pay of both the officers on the same reference dates since the date of their
    joining the service and the ‘option’ exercised for pay fixation by these officers
    from time to time.
  38. Whether promotion is on regular basis or ad-hoc basis;
  39. Whether senior and junior belong to same cadre;
  40. Whether the pay scale of lower and higher post of both employees is identical;
  41. Cause of anomaly i.e. FR 22(I)(a)(1) or any other reason, specify other reason;
  42. Views / opinion of IFU/IFD of the administrative Ministry;
  43. Specific views of FA of the administrative Ministry on the point of reference;
    11.
    2All the references should be made to DOP&T with the approval of the
    Secretary of the Administrative Ministry/Department.
    12.
    1While sending the proposal, the name, designation of the Joint
    Secretary/Director (Phone number and e-mail id) who can be contacted for
    further correspondence is also to be indicated.
    [1. OM No. 4/3/2017-Estt.(Pay-I) dated 26.10.2018]
    [2. Para 3 of OM No. 43011/9/2014-Estt.D dated 28.10.2015]
    [Para 2 and Annexure I of OM No. 17-5/2008-Pay.I dated 20.06.2008]
    Note: List of the OMs mentioned in this document is annexed. In case any reference to
    the relevant OM is required, the same may be accessed from the Archive Section of
    DOPT’s website.

Add a Comment

Your email address will not be published. Required fields are marked *