INTRODUCTION

PAY FIXATION

The basic rules governing the initial fixation of pay of Government

servants in different circumstances were FRS 22, 22-C and 31. The pay fixed under any
of those rules were further subjected to FRs.27 and 35. FR 30 added a general limitation
on the pay fixed in respect of appointment in an officiating capacity.

Fundamental Rules 22, 22-C, 30, 31 and 35 were the normal rules
governing fixation of the initial pay of a Government servant under FRs. Apart from
these Rules, separate order of the Government servant in certain cases as for example (i)
Fixation of pay on appointment to selection grade posts; (ii) fixation of pay reemployed
Civil and Military pensioners, etc.

By notification no. 1/10/89-Estt. (Pay-I) dated 30.08.1989, FR 22 was

substituted incorporating interalia the provisions of FR 22-C and orders issued under
several office Memoranda from time to time. FRs 22-C, 30 and 31 were deleted.

FR 22 (I)

Clause (a) (1) deal with fixation of pay of a Government servant holding a non tenure
post in a substantive or temporary or officiating capacity on promotion/appointment in
a substantive or temporary of officiating capacity to a higher post.

Clause (a) (2) deal with fixation of pay of a government servant holding a non tenure
post in a substantive or temporary or officiating capacity on transfer/appointment in a
substantive or temporary of officiating capacity to another post which is not higher than
the post which he was holding.

Clause (a) (3) deals with fixation of pay of a Government servant holding a post in a
substantive or temporary or officiating capacity on transfer at his own request to a post
with the maximum pay in the time-scale of the post lower than his pay in the post held
by him on regular basis.

Clause (b) deals with fixation of pay of a Government servant on his first appointment
in Government service and another case not fulfilling the conditions in clause (a).

FR 22 (II) deals with grant of proforma officiating promotion under Next Below
Rule to a Government servant who is working on deputation under the Government
outside his regular line of service on foreign service.

FR 22 (III) stipulates that appointment or promotion of a government servant to a post

in the same or identical time scale of pay (with reference to the scale of the scale of the
post of the post held by him at the time of appointment of promotion) should not be
deemed to involve the assumptions of duties and responsibilities of greater importance
for the purpose of initial fixation of his pay.

FR 22 (IV) stipulates that when a Government servant, while holding an ex cadre

post, is promoted or appointed regularly to a post in his cadre, his pay in the new cadre
post should be fixed with reference to his presumptive pay in the old cadre post which
he would have but for his holding the ex cadre post.

FR 27 This rule vests competent authorities with the power to fix the pay of a
Government at a stage higher than that admissible under the provisions of FR 22 by
granting premature increments.

FR 28 - This rules vests Government with the power to fix the pay of an officiating
Government servant at an amount less than that admissible under FR 22.

CIRCUMSTANCES WHICH GAVE RISE TO THE FIXATION OF

PAY ARE:-

1. First appointment to any post, whether in a substantive or officiating capacity.

2. Transfer from one post to another, whether in a substantive or officiating capacity.
3. Re-appointment in the officiating post after break in service due to leave or
service in another post which does not count for increments in that officiating
post.

PAY ON PROMOTION/APPOINTMENT

Fixation of pay of a Government servant on promotion/appointment from

one post to higher post. As per clause (a) (1), when a Government servant holding a
post, other than a tenure post, in substantive or temporary or officiating capacity is
promoted or appointed in a substantive, temporary or officiating capacity as the case be,
to another post carrying duties and responsibilities of greater as the case be, to another
post carrying duties and responsibilities of greater importance than those attaching to
the post held by him, his initial pay in the time scale of the higher post should be fixed
at the stage next above the notional pay arrived at by increasing his pay on respect of
the lower post held by him regularly by an increment at the stage at which such pay
accrued or rupees one hundred, whichever is more.

As per the provision to Clause (a) (1) of FR 22 (I), when a Government

servant is, immediately before his promotion or appointment on regular basis to a higher
post, drawing pay at the maximum of the time-scale of the lower post, his initial pay in
the time-scale of the higher post be fixed at the stage next above the pay notionally
arrived at by increasing his pay in respect of the lower post held by him on the regular
basis by an amount equal to the last increment in the time scale of the lower post rupees
on hundred, whichever is more.

With effect from 30-9-1993, the stagnation increment(s) will be taken into
account for fixation of pay on promotion to higher post on or after 30-9-1993.
NOTE:- The stagnation increment will be taken into account for fixation of pay in
respect of appointments/promotions to higher post and also in respect of appointments
to another post which does not involve assumption of duties and responsibilities of
greater importance than those attaching to the post held by the Government servant.

(GIO (27) below FR 22 read with GIO (19) below FR 26)

Important Point:- The fixation of pay on promotion/appointment to a higher post under
Clause (a) (1) of FR 22 (I) as explained in the proceeding paragraphs is subject to the
following conditions:-

(1) The promotion/appointment to a higher post should fulfill the eligibility

conditions as per prescribed in the relevant Recruitment Rules.

(2) In case of promotion in the normal line within the cadre which is not a regular
basis, i.e. does not fulfill the eligibility conditions, the pay in the higher post may also
be fixed under FR 22 (I) (a) (1). If there is substantial increase in pay so fixed, the pay
has to be restricted under FR 53 so as not to exceed the basic pay in the lower post by
more than the amounts shown below-

(a) For example in receipt of basic 15% of basic pay subject

pay up to Rs.8,000 p.m. to a maximum Rs.1000/- p.m.

(b) For employees in receipt of basic 12 % of basic pay

pay above Rs.8000 p.m. subject to a maximum of Rs.1000/- p.m.

In the case where pay in the manner indicates above comes to more than
the minimum or at the minimum of the promotional posts, the employees concerned will
be allowed pay at the minimum of the scale.
(GIO (2), below FR 35)

(3) The pay in the higher post should be fixed only with reference to the pay drawn in
the lower post which has been held by the Government servant on regular basis.

OPTION OF DATE FOR FIXATION OF PAY ON PROMOTION TO

THE HIGHER POST:-

As per sub-para of Clause (a) (1) to FR 22 (I), a Government servant

promoted to a higher post on regular basis is given an option for fixation of his pay on
the higher post as under:-

(a) Either his initial pay may be fixed in the higher post on the basis of Clause (a) (1) of
FR 22 (I) straightway from the date of promotion without any further review on accrual
of increment in the pay scale of the lower post; or
(b) His pay on promotion may initially be fixed of the time-scale of the new post above
the in the lower post from which he is promoted, which may be refixed in accordance
with Clause (a) (1) of FR 22 (I) on the date of accrual of next increment/on the date of
accrual of stagnation increments in the time-scale of the pay of the lower post.
 The option should be exercised by the Government servant within one
month from the date of promotion. This option is not available in the cases of
appointment of deputation to an ex cadre post, or to a post on ad-hoc basis or on direct
recruitment basis. However, in cases where an ad-hoc promotion is followed by regular
appointment without break, the option is admissible as from the date of initial
promotion which should be exercised within one month from the date of such regular
appointment.

Note:-In the order promoting the Government servant, it should be mentioned that he
has to exercise the option within one month and that option once exercised is final.

2. In the event of the officer refusing promotion even after the above concession
become available, he would be debarred from promotion for a period of one year.
[FR 22 and GIOs (15) & (28) the reunder ]

Clarification relating to FR 22 (I) (a) (1). FR 22 (I) (a) (1) applies not only a respect
of promotions to higher appointments in the direct line of promotions to higher
appointments in the direct line of promotion but also in respect of appointment to
another post (carrying higher responsibility than the post held by the Government
servant) outside the ordinary line which is generally termed as ex cadre appointment,
provided that in respect of that ex cadre appointment, the Government servant is entitled
to or elects to draw pay in the time-scale of the ex cadre post. However, the option to
have the pay fixed in the cadre post on the accrual of next increment in the cadre post is
not admissible.

In cases of appointment/promotion from one ex cadre post to another ex

cadre post where the official opts to draw pay in the scale of the ex cadre post, the pay
in the second or subsequent ex cadre post should be fixed under the normal rules [i.e.
FR 22 (I) (a) (1) or (a) (2)] with reference to the pay in the cadre post only. If on
appointment to a second or subsequent ex cadre post in a higher pay scale than that of
the previous ex cadre post, the pay fixed under normal rules with reference to the pay in
the cadre post happens to be less than that drawn in the previous ex cadre post, the
differnece may be allowed as personal pay to be absorbed in future increase in pay.

Application of FR (I) (a) (1) to State Government servants on appointment

to higher post in the Government of India when a State Government servnat is
appointed to a post under the Central Government and the post carries duties and
responsibilities of greater importance than those attaching to the post held by him under
State Government, the initial pay may be fixed under FR 22(a) (1).
[GIO (11), FR 22]

Fixation of pay on transfer from one post to another when the appointment does
not involve assumption of higher responsibilitiesAs per Clauses (a) (2) of FR 22
(I), when a Government servant holding a post, other than a tenure post, in a
substantive at temporary of officiating capacity is appointed in a substantive, temporary
or officiating capacity, as the case may be, to another post which does not involve
assumption of duties and responsibilities of greater improtance than those attaching to
the post held by him , his initial pay in the new post should be fixed at the stage which
is equal to his pay in respect of the old post held by him on regular basis and he will
draw his next increment in the new post on the date on which he would have received
and increment in the time-scale of the old post.

If there is no such equal stage in the time-scale of the new post, his initial
pay in the new post will be fixed at the stage next above his pay in respect of the old
post and he will draw his next increment in the new post on completion of the period
when an increment is earned in the time-scale of the new post.

The above provision is applicable also in the cases of appointment to non-

functional Selection Grade posts.

The above provision is applicable also in the case of appointment to a

lower post at own request when the maximum pay of the lower post is not less than the
pay drawn in the old post.

Protection of pay drawn under Central/State PSUs, Autonomous Bodies,

etc., on appointment under Central Government.In respect of candidates working in
Public Sector Undertakings, Universities, Semi-Government Institutions or Autonomous
Bodies, who are appointed as direct recruits on selection through interview only by a
properly constituted agency including departmental authorities making recruitment
directly. Their initial pay will be fix at a stage in the scale of pay attached to the post so
that the Pay and Dearness Allowances already being drawn by them in their parent
organizations. In the event of such a stage not being available in the post to which
they have been recruited, their pay may be fix at a stage just below in the scale of the
post to which they have been recruited. The pay fixation is to be made by the
employing Ministries/Departments after verification of all the relevant documents to be
produced by the candidates who were employed in such organisations.
[ GIOs (28) and (29), below FR 22, Swamys Compilation of FR and SR, Part-I
Fourteenth Edition]

********