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REGULATION

OF
INCREMENTS
UNDER
VARIOUS
CONTINGENCIES EMPHASIZING NON-QUALIFYING PERIOD

INCREMENTS
The annual increase in pay is drawn as a matter of course from 1 st,
July of every year, except when it is withheld as a statutory punishment.
Increment is admissible at 3% of the sum of the pay in the pay band and
grade pay applicable. If a Govt. servant is on leave or is availing joining time
on the 1st July, the increased pay will be drawn only from the date on which
he resumed duty and not from the first of that month. Qualifying service for
earning increment is six months on 1st July. In case the qualifying service is
between 1st July of the previous year and 30 th June of the year is less than six
months on account of EOL (without MC), the increment will be postponed to
the next year.
An increment falling due during leave shall not be drawn till the
Govt. servant returns to duty. This is because during leave, the Govt. servant
is entitled to draw only leave salary which is based on the pay drawn by him
before proceeding on leave. This will not however, have the effect of
postponing of future increments provided that the portion of the leave period
falling after the due date of increment also counts for increment.
The increment falling during the period of joining time will also
be drawn only on joining the new post, since under Rule 7 of CCS (joining
time) Rules 1979, a Govt. servant on joining time will draw joining time
pay equal to the pay which was drawn before relinquishment of charge in the
old post.
2.
(1)
(2)
(3)
(4)

(5)

The following periods will count for increments:All periods of duty.


Service in another posts.
All kinds of leave other than E.O.L..
EOL granted
(a) On Medical Certificate.
(b) Other than on Medical Certificate but due to the inability of the
Government servant to join duty on account of civil commotion.
(c) For prosecuting technical and scientific studies.
Deputation out of India.

(6)
(7)
(8)

Foreign Service.
Joining Time
Period of training before appointment on stipend or otherwise.

3.

ADVANCE INCREMENT (S)

An Authority, who is competent to create a post, whether


temporary or permanent, may grant advance increment(s) not only to the
incumbent of the post created under his own power but also to those
appointed to other post in the same cadre on the same scale of pay, created
with the concurrence of the higher authorities. This power to grant advance
increment is invoked also in the cases when the pay of a Government servant
has to be fixed under certain circumstances and also to remove anomalies in
fixation of pay.

INTRODUCTION
PAY FIXATION
The basic rules governing the initial fixation of pay of Government
servants in different circumstances are FR 22. The pay fixed under any of those rules is
further subjected to FRs.27 and 35. However, fixation of pay on promotion on or after
01.01.2006 is governed under Rule 13 of CCS (RP) Rules, 2008.

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.
Fixation of pay on promotion on or after 01.01.2006

a) One increment equal to 3% of the sum of the pay in the pay band
and the existing grade pay will be computed and rounded off to the
next multiple of 10. While rounding off, paise should be ignored
but any amount of a rupee or more should be rounded off to next
multiple of 10. This will be added to the existing pay in the pay
band. The grade pay corresponding to the promotion post will
thereafter be granted in addition to this pay in the pay band. In
cases where promotion involves change in the pay band, the same
methodology will be followed. However, if the pay in the pay band
after adding the increment is less than the minimum of the higher
pay band to which promotion is taking place, pay in the pay band
will be stepped to such minimum.
b) In case of promotion to the HAG scale of Rs. 67000-79,000, if a
Government servant opts to have his pay fixed under FR 22 (I) (a)
(i) on the date of the promotion, his pay will be fixed by adding an
amount of Rs. 2,000 to his basic pay. Further, re-fixation will be
done on the date of the next increment of the Government servant
concerned, i.e.1st of July. On that day, he will be granted two
increments: one annual increment and the second on account of
promotion shall be taken into account.
c) In the case of promotion from PB-4 to HAG+, after adding one
increment in the manner prescribed in Rule 9 of CCS (RP)
Rules,2008, the pay in the pay band and existing grade pay will be

added and the resultant figure will become the basic pay in HAG+.
This shall not exceed Rs. 80,000, the maximum of the scale. For
Government servants in receipt of NPA, pay plus NPA will not
exceed Rs. 85,000.
[ Rule 13 of CCS (RP)Rules,2008]
d) In case the Government servant opts to get his pay fixed from his
date of next increment, then, on the date of promotion, pay in the
pay band shall continue unchanged, but the grade pay of the higher
post will be granted. Further re- fixation will be done on the date of
his next increment i.e., 1st July. On that day, he will be granted two
increments: one annual increment and the second on account of
promotion. While computing these two increments, basic pay prior
to the date of promotion shall be taken into
account. To
illustrate, if the basic pay prior to the date of promotion was Rs.
100, first increment would be computed on Rs. 100 and the second
on Rs. 103.
e) In case the Government servant opts to get his pay fixed in the
higher grade from the date of his promotion, he shall get his first
increment in the higher grade on the next 1 st July if he was
promoted between 2nd July and 1st January. However, if he was
promoted between 2nd January and 30th June of a particular year, he
shall get his increment on 1st July of next year. - OM, dated 13-92008.

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 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
and increment in the time-scale of the old post.
The above provision is applicable also in the cases of appointment to nonfunctional 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.

STEPPING UP OF PAY
1.
Both the junior and senior should belong to the same cadre and the post
to which they have been appointed or promoted should be identical in the
same cadre.

2.
The scale of the Pay of the lower and higher posts in which the junior
and senior are entitled to draw pay should be identical.
3.
The anomaly should be directly as a result of the application of FR 22
(1) (a) (1). For example, if even in the lower post the junior official draws
from time to time to a higher rate of pay then the senior by virtue of grant of
advance increments or on any other accounts the above provisions will be
invoked to step up the pay of the seniors.
4.
It has been clarified by the GOI, DOPT New Delhi vide their no.4/7
/92/Estt. (Pay-I) dated 04-11-1993 that stepping up of pay in the following
cases are not admissible:
a) Where the senior proceeds on EOL which results in postponement
of increment in the lower post, consequently he starts drawing
less pay than his juniors in the lower grade itself. He, therefore,
cannot claim pay parity on promotion even though he may be
promoted earlier to the higher grade.
b) If a senior foregoes/refuses promotion leading to his juniors being
promoted/appointed to the higher post earlier and the junior draws
higher pay then the senior. The senior may be on deputation
while junior avails of the Ad-hoc promotion in the cadre. The
increased pay drawn by a junior either due to adhoc/officiating/regular service rendered in the higher posts for
periods
earlier than the senior, cannot, therefore be as anomaly
in strict sense of the term.
c) If a senior join the higher post later than the junior for what so
ever reasons, whereby he draws less pay than the junior, in such
cases senior cannot claim stepping up of pay at par with the
juniors.
d) 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 the senior cannot claim pay parity in the higher post though
he may have been
promoted earlier to the higher post.
e) Where a person is promoted from lower to higher post, his pay is
fixed
with reference to the pay drawn by him in the lower

post under FR 22(1) (A) (1) and he is likely to get more pay than
a direct appointed whose pay is fixed under different set of rules,
for example a UDC on promotion to the post of Assistant gets his
pay fixed under FR 22 (1) (a) (i) with reference to the pay drawn
in the UDC scale whereas the pay of the Assistant (directly
recruited) is fixed normally at the minimum under Rule 22-B (2).
In such
cases the senior direct recruit cannot claim pay
parity with the junior promoted from a lower post to a higher
post as seniority alone is not a criteria for allowing stepping up
of Pay.
f) Where a junior get more pay due to additional increment earned
on acquiring higher qualifications.
In the instances referred to above, a junior drawing more pay than the
senior will not constitute any anomaly and therefore stepping up of pay in
such cases are not admissible.
Removal of anomalies arising as a result of revision of pay scales under
CCS (RP) Rules 2008
Where a Govt. servant promoted to a higher post before 01.01,2008,
draws less pay in the revised scale than his juniors who is promoted to the
higher post on or after 02.02.2008, the pay in the pay band of the senior
Govt. servant should be stepped up to an amount equal to the pay as fixed for
his junior in that higher post. The stepping up should be done with effect
from the date of the promotion of the junior Govt. servant subject to the
fulfillment of the following conditions, namely.
(1) Both the junior and senior Govt. servants should belong to the same
cadre and the post on which they have been promoted should be identical in
the same cadre.
(2) The pre-revised and revised scales of pay of the lower and higher posts
in which they are entitled to draw pay should be identical.
(3) The senior Govt. servant at the time of promotion have been drawing
equal or more pay than the junior and
(4)
The anomaly should be directly as result of the application of the
provisions of FR 22(1) (a) (i) or any other rule or order regulating pay

fixation in such promotion in the revised scale. If even in the lower post the
junior official was drawing more pay in the pre-revised scale than the senior
by virtue of any advance increments granted to him, these provisions need
not be invoked to step up the pay of the senior officer.
Authority: Note 10 below Rule 7 CCS (RP) Rules 2008.

C & AGs clarification


The Govt. of India, MOF have clarified that in cases where a senior
becomes entitled to the benefit of stepping up twice with reference to the pay
of the two of his juniors promoted later the benefit of stepping up of pay in
accordance with the above orders should be allowed only once with
reference to the pay of the first junior and not with reference to the second
junior promoted later than the first junior.
Authority: C &AGs decision no.2 below FR 22
Stepping up of pay of the senior for the second time admissible:The pay of the senior A is stepped up with reference to the pay of his
first junior B and at a later date the pay of B is stepped up with reference
to another junior C. Consequent on the stepping up the pay of the junior
B with reference to C the senior A may happen to draw lesser pay than
his junior B. In such cases the pay of the senior A may again be stepped
up at par with his junior B provided all the conditions under the general
orders for stepping up of pay of A vis--vis C are fully satisfied.
Authority: GOI order (21) below FR 22

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