PAY FIXATION RULES

FUNDAMENTAL RULES AND PAY RULES

VIJAY KUMAR, (SAS)

Circumstances under which pay of government servant is to be fixed/re-fixed

New appointment Transfer from one post to another Re-appointment/re-employment after

break in service due to leave or service in another post which does not count for increment in that officiating post.

On grant of MACP Scheme benefits.

Definition of Pay

FR 9(21)(a)Pay means the amount drawn monthly by a Government Servant as:-(i) The pay including Grade Pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reasons of his position in a cadre;(ii) Overseas pay, special pay and personal

pay; and(iii)Any other emoluments which may be

specially classed as pay by the President.

Basic PayBASIC PAY MEANS ‘THE PAY DRAWN IN THE PRESCRIBED PAY BAND PLUS THE APPLICABLE GRADE PAY BUT DOES NOT INCLUDE ANY OTHER TYPE OF PAY LIKE SPECIAL PAY ETC. (Rule 3(8) of CCS(Revised Pay) Rules, 2008

PAY BAND GRADE PAY

PB-1 Rs.5200-20200/-

Rs.1800/-Rs.1900/-Rs.2000/-Rs.2400/-Rs.2800/-

PB-2 Rs.9300-34800/-

Rs.4200/-Rs.4600/-Rs.4800/-Rs.5400/-

PB-3 Rs.15600-39100/-

Rs.5400/-(ENTRY GRADE)Rs.6600/-Rs.7600/-

PB-4 Rs.37400-67000/-

Rs.8700/-Rs.8900/-Rs.10000/-

HAG Scale Rs.67000-79000

APPEX Scale Rs.80000/-(fixed)

PAY FIXATION FOR DIRECT RECRUITS CCS(Revised Pay) Rules 2008

Pay Band

Grade Pay

Minimum Pay

PB-1 Rs.1800/-Rs.1900/-Rs.2000/-Rs.2400/-Rs.2800/-

5200+1800=70005830+1900=7730 6460+2000=84607510+2400=99108560+2800=11360

PB-2 Rs.4200/-Rs.4600/-Rs.4800/-

9300+4200=1350012540+4600=1714013350+4800=18150

pB-3 Rs.5400/-Rs.6600/-Rs.7600/-

15600+5400=2100018750+6600=2535021900+7600=29500

PB-4 Rs.8700/-Rs.8900/-Rs.10000/-

37400+8700=4610040200+8900=4910043000+10000=53000

INCREMENT

Increment is a sum added on 1st July of every year in the pay being drawn by a government servant to increase his pay.

-Presently a sum equivalent to 3% of Pay in Pay Band plus Grade pay is being given as Increment. -the 3% is subject to rounded off to the next multiple of Rs.10/- and it is further conditional that 3% should be multiple of Re.1, paise should be ignored.

OPTION FOR FIXATION OF PAY

Every 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 Rule 22 of Fundamental Rules. The option can be exercised in the following cases:

a)Promotion.b)Appointment to an ex-cadre post.c) Grant of benefits under the MACP

Scheme.d)Change of rules or change in scale of

pay.

Relevant Fundamental Rules (FRs) for fixation of pay:

FR-26 This rule regulates the increment of a government servant in a time scale of pay.FR-27 This rule vests competent authorities with the power to fix the pay of a government servant at a stage higher than that admissible under the provisions of FR-22 by granting premature increments.FR-35 This rule vests government with the power to fix the pay of an officiating government servant at an amount less than that admissible under FR-22.

PAY ON PROMOTION /APPOINTMENT

FR 22(I)(a)(1):Deals with fixation of pay of a Government servant holding a non-tenure posts in a substantive or temporary or officiating capacity on promotion/appointment in a substantive or temporary or officiating capacity to a higher post.FR 22(I)(a)(2):Deals 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 or officiating capacity to another post which is not higher than the post which he was holding.FR 22(I)(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 that post held by him on regular basis.

FR22(I)(b) deals with fixation of ay of a government servant on his first appointment in Government Service and other cases not fulfilling the conditions in Clause (a).FR22(II) deals with grant of pro forma officiating promotion under ‘Next Below Rule’ to a Government servant who is working on deputation under the Government outside his regular line of service or on foreign service.FR22(III) stipulates that appointment or promotion of a Government servant to a post in the same or identical time-scale of pay should not be deemed to involve the assumption of duties and responsibilities of greater importance for the purpose of initial fixation of his pay.FR22(IV) prescribes 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 refence to his presumptive pay in the old cadre post.

Illustrations:

A government servant drawing the pay of Rs.13,840/- (pay in Pay Band) plus (GP)Rs.4200/- in the pay band Rs.9300-34800/- from 01/07/2011 is promoted to a higher post in the same pay band but with a Grade Pay of Rs.4600/- from 01/03/2012. Fix his pay in the new post and indicate DNI, if he opts:-(a)For pay fixation in the new post with

effect from the date of his promotion.(b)For pay fixation in the new post with

effect from the date of next increment in the old post.

Ans.Pay fixation in the new post with effect from the date of his promotion:i) Pay in the Pay Band as on date of promotion

i.e.01/03/2012 Rs.13840/-ii) Add 3% on 18040/*- as notional increment Rs.

550/-*{3% of (13840+4200)} rounded off to the next multiple of

Rs.10/-Total

Rs.14390/- iii) Add Grade Pay of new post Rs.

4600/-iv) Pay fixed in the new post Rs.14390+4600

Rs.18990/-v) Date of Next Increment

01/07/2013

i)Pay as on 01/03/2012 PB Rs.13840+ GP Rs.4200/-Rs.18040/-ii) on promotion he will draw Rs.13840+4600/-*Rs.18440/-*from 01/03/2012 (date of promotion)to 30/06/2012 (till date of next increment)Pay refixed on 01/07/2012 in the following manner:Pay in PB as on 01/07/2012 plus GP of old PostRs.18040/-Add annual increment @3% of Basic Pay Rs. 550/-

Total Rs.18590/-Add notional increment @3% Rs. 560/-Pay fixed on 01/07/2012 Rs.14950+Rs.4600/-Rs.19550/-Date of next increment 01/07/2013

Pay fixation in the new post with effect from the date of next increment in the old post:-

FIXATION OF PAY ON TRANSFER TO A LOWER POST AT OWN REQUEST:

Illustration:A Government servant drawing the pay

of Rs.21620/- (Rs.16820+4800) in the pay band plus grade pay of Rs.9300-34800+4800 from 01/07/2010 is appointed at his own request to another post but with Grade pay of Rs.4200/-on 01/02/2011.Ans.On 01/02/2011 his pay in the new post will be fixed at Rs.16820+4200=Rs.21020/-.

Pay fixation on re-employment

Illustration:A Commissioned Officer drawing band pay of Rs.39,600/- with grade pay of Rs.8700/- (PB-4) from 01/07/2010 retired from defence service on 30/11/2010 before attaining the age of 55 years. He was granted Military pension of Rs.24,195/-p.m. He was re-employed in government service (civil) in the grade pay of Rs.7600 (PB-3) on 01/06/2012. Fix the pay of officer on his re-employment.

1. Last Pay drawn before retirement (PB+GP)Rs.48,390/-

2. Scale of post of re-employment Rs.15600-39100/-Grade Pay Rs.7600/-

3. Stage at pay in the PB will be fixedRs.39100/-*

plus GP Rs. 7600/-*Maximum of PB-3 as the last pay drawn was more

than maximum of Pay Band 3.4. Pension granted by Defence service

Rs.24195/-5. Amount to be ignored as the officer retired before

attaining the age of 55years Rs.4000/-6. Residue Pension to be considered for pay fixation

Rs.20195/-7. Actual pay to be allowed initially (3-6)

Rs.18905/-plus GP Rs.

7600/-8. Date of next increment

01/07/2013

In the cases where government servants apply for posts in the same or other departments through proper channel and on selection, they are asked to resign the previous posts for administrative reasons, the benefit of past service may, if otherwise admissible under rules, be given for purposes of fixation of pay in new post treating the resignation as a technical formality.

IMPACT OF STOPPING OF NEXT INCREMENT

A Government servant drawing pay of Rs.12090+4200 with effect from 01/07/2009 was punished with stoppage of NEXT increment for two years without cumulative effect . The order of punishment was dated 01/10/2009. Regulate the pay.

Period Normal pay (due)

Pay allowed (to be drawn)

01/07/2009 30/06/2010

12090+4200 12090+4200

01/07/2010 30/06/2011

12580+4200 12090+4200 (Punishment started

01/07/2011 30/06/2012

13090+4200 12090+4200

01/07/2012 13600+4200 13600+4200 (end of punishment)

STOPPING OF ‘ONE INCREMENT’

The competent authority has ordered to withhold one increment of a government servant who was drawing pay Rs.8650+2400 from 01/07/2009 for a period of two years .

Period Normal Pay (Due)

Pay allowed (to be drawn)

01/07/2009 30/06/2010

8650+2400 8650+2400

01/07/2010 30/06/2011

8990+2400 8650+2400 (start of punishment)

01/07/2011 30/06/2012

9340+2400 8990+2400 (punishment continued)

01/07/2012 9700+2400 9700+2400(end of punishment)

Thank you and

Namstey