FR 22 – FIXATION OF PAY UNDER FUNDAMENTAL RULES

  

FIXATION OF PAY – 5th CPC

  

Fixation of Pay Under Fundamental Rules FR 22 – Illustrations

  

10.1      Various provisions on pay fixation have undergone rationalisation and simplification during the 80’s. The fundamental rules on these issues have been rewritten accordingly in 1989, so as to consolidate the provisions at one place. The new version of FR 22 has substituted old FRs 22, 22-C, 30 and 31.

  

10.2      Fixation on First Appointment

  

The pay of the government servant on his first appointment to a post will be fixed at the minimum of the pay scale of that post.

  

10.3      Fixation of Pay on Promotion/Appointment to a higher post

  

(i) Clause (a) (1) of FR 22 (I) deals with fixation of pay of a government servant holding a non-tenure post on his appointment to another post involving assumption of higher duties and responsibilities. Such appointment may be in the normal channel of promotion or otherwise, provided the appointment or promotion is made on fulfillment of the eligibility conditions, as prescribed in the relevant Recruitment Rules.

  

(ii)Initial pay in the time-scale of the higher post is fixed at the stage next 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 Rs.100/- only whichever is more.

  

Illustrations

  

(a) A government servant drawing pay of Rs. 7075/- w.e.f. 01.04.1996 in the pay scale of Rs. 5500-175-9000 is promoted on 01.09.1996 to a post in the pay scale of Rs. 6500-200-10500. His pay shall be fixed as given below:

  

Notional Pay = Rs. 7075
Add one notional increment = Rs. 175
Notional Pay = Rs. 7250

  

The stage above this pay in the higher pay-scale is Rs. 7300/-.
Thus the pay is fixed at Rs. 7300/-
Date of next increment (D.N.I.) = 01.09.1997.

(b) A government servant drawing pay of Rs. 2660/- in the pay scale of Rs. 2550-55-2660-60-3200 w.e.f. 01.02.1996 is promoted to a post in the pay scale of Rs. 2610-60-3150-65-3540 w.e.f. 16.03.1996.

  

Pay = Rs. 2660/-
Add one notional increment (Minimum Rs. 100/-) = Rs. 2760/-
Pay fixed at Next higher stage
in the new pay-scale = Rs. 2790/-
Date of Next Increment = 01.03.1997

  

Illustrations

  

10.4 Option for fixation of pay under above rule from the date of next increment in the lower grade

  

10.4.1      A government servant is required to exercise option within one month from the date of promotion/appointment, to have the pay fixed under the above rule from the date of promotion itself or from the date of accrual of next increment in the lower grade/post. In case he opts for the above rule from the date of next increment, his pay on promotion is fixed at a stage next above the pay in the lower grade/post. It is then refixed under the above formula from the date of accrual of next increment in the lower grade/post. Thus in the illustration (a) above, in case the government servant opts for pay fixation as per this rule from
the date of next increment, his pay shall be fixed as follows:

  

(a) On 01.09.1996 the pay of the government servant will be fixed in the higher scale at a stage next above Rs.7075/- i.e. Rs.7100/-

  

(b) On 01.04.1997 the pay will be refixed as follows:

  

Pay in the lower grade on 01.04.1997 = Rs.7250/-
Notional pay on adding one increment of Rs.175/- = Rs.7425/-
Pay to be fixed at next higher stage i.e. Rs.7500/-

Date of next increment (DNI) = 01.04.1998

  

10.4.2      Thus on comparing the position, it is seen that the government servant starts drawing pay of Rs.7500/- from an earlier date i.e. w.e.f. 01.04.1997, if he opts for pay fixation under the rule from date of next increment (01.04.1997), as against from 01.09.1997 under the previous option.

  

10.4.3      Option once exercised by the government servant will be final & cannot be changed. In case the government servant does not exercise the option within one
month of his promotion his pay has to be fixed in the scale of the promoted post at the stage above the notional pay arrived at by increasing the pay in the lower post by one increment.

  

10.4.4      This option is not admissible to the government servant who is appointed:
a) to an ex-cadre post on deputation basis.
b) to a post on ad-hoc basis.
c) to a post on direct recruitment basis.

  

10.4.5      However, if the ad-hoc promotion is followed by a regular appointment without break, the government servant can exercise option within one month from the date of such regular appointment and the option shall be admissible from the date of initial appointment/promotion. Thus, if he opts for fixation of his pay under this rule from the date of his next increment, his pay shall be re-fixed from initial date of appointment at a stage next above his pay in the lower-grade and
under this rule from the date of next increment.

  

10.4.6      For the purposes of pay-fixation, FR 22 III clarifies that an appointment to another post on the same scale of pay or on identical scale of pay does not involve the assumption of higher duties and responsibilities. In other cases, decision of the administrative head has to be obtained. In case the posts belong to different departments, the decision of the Government of India is to be obtained.

  

10.4.7      As already mentioned, the provisions contained in the previous paras are
applicable in case of appointment made to a higher post subject to fulfillment of eligibility conditions in the Recruitment Rules. In the case of appointment made without fulfilling the eligibility criteria, the pay is to be fixed under the above provisions and restricted under FR 35. Such appointment may be on promotion or otherwise.

  

Illustrations

  

10.5      Treatment of Special Pay for purpose of fixation of pay on promotion

  

When the special pay is granted for specific addition to duties or for arduous nature of work, the pay in the higher post is fixed with reference to pay drawn in the lower post and special pay does not count towards such pay. However, if the pay so fixed in the higher post happens to be less than the pay plus special pay being drawn in the lower post at the time of promotion, the difference is protected as personal pay subject to the following conditions:

  

i) It must be certified that but for his appointment to the other post, the government servant would have continued to draw special pay.
ii) The protection will only be for so long as the government servant could have continued to draw the special pay.
iii) The personal pay will be absorbed in subsequent increases of pay.

10.6      Fixation of Pay on appointment to another post not involving higher duties & responsibilities

  

Sub-clause (2) of FR 22 I deals with fixation of pay on appointment, from one post to another, when such an appointment does not involve assumption of higher duties and responsibilities. Pay is fixed at the same stage in the new-scale, as is being drawn in the earlier post on the date of such appointment. However, if there is no such stage in the new-scale, his pay will be fixed at the next higher stage. While in the earlier case his date of increment remains the same, in the latter case his date of next increment will be on the Ist of the month in which he completes 12 months of appointment to a new post.

  

Illustrations

  

(a) A government servant drawing pay of Rs.15000/- w.e.f. 01.07.1996 in the pay scale of Rs.12000-375-16500 is appointed to another post in the pay scale of Rs.14300-400-18300 from 01.02.1997. As there is no stage as Rs.15000/- in the new scale, his pay will be fixed at Rs.15100/- with the date of next increment as 01.02.1998.

  

On such appointment, the government servant has the option to come over to the new-scale from the date of his appointment to such post or from the date of his next increment in the earlier post.

  

(b) In the above case, if he opts to come over to the new pay-scale from the date of his next increment, his pay will be fixed as follows:

  

From 1.2.97 to 30.6.97 he will draw = Rs.15000/-

in earlier pay-scale
Pay on the date of next increment in the
lower pay-scale (01.07.1997) = Rs.15375/-
Pay to be fixed in the new scale = Rs.15500/-
(At the next higher stage there is no
stage as Rs. 15375/-)
Date of next increment = 01.07.1998

  

(c) A government servant drawing pay of Rs.5750/- w.e.f. 01.05.1996 in the scale of Rs.5000-150-8000 is appointed on his own request on 01.01.1997 to the post carrying the scale of Rs.4500-125-7000. His pay will be fixed at Rs.5750/- (same stage) in the lower pay scale, with D.N.I as 01.05.1997. In case he opts for the new pay-scale from date of next increment i.e. 01.05.1997 (in the old pay-scale), he will continue to draw Rs.5750/- in the old pay-scale till 30.04.1997. From 01.05.1997 his pay will be increased to Rs.5900/- in the pay-scale of Rs. 5000-150-8000. As there is no stage as Rs. 5900/- in the pay scale of Rs.4500-125-7000, his pay will be fixed at the next higher stage, i.e. Rs.6000/- and date of next increment shall be 01.05.1998. In the above case if the pay of government servant is Rs. 7400/- instead of
Rs.5750/- in the earlier post, his pay will be fixed at Rs. 7000/- only, i.e. the maximum of the pay-scale of the lower post [FR 22 I(a) 3].

  

10.7      Fixation of pay on appointment on deputation

  

10.7.1      An employee appointed on deputation/foreign service may elect to draw
either the pay in the scale of pay of deputation/foreign service post or his basic pay in the parent cadre plus deputation (duty) allowance thereon plus personal pay, if any. The borrowing authority should obtain the option of the employee within one month from the date of joining the ex-cadre post unless the employee has himself furnished the option.

  

10.7.2      The option once exercised shall be final. However, the employees may revise the option under the following circumstances which will be effective from the date of occurrence of the same:

  

(a) when he receives proforma promotion or is appointed to non-functional selection grade in his parent cadre;

  

(b) when he is reverted to a lower grade in his parent cadre;

  

(c) when the scale of pay of the parent post on the basis of which his emoluments are regulated during deputation/foreign service or of the ex-cadre post held by the employee on deputation/foreign service is revised either prospectively or from a retrospective date.

  

10.7.3      Based on the revised/same option of the employees, in the event of proforma promotion / appointment to non-functional selection grade, revision of scales of pay in the parent cadre, the pay of deputationists will be refixed with reference to the revised entitlement of pay in the parent cadre. However, if the initial option was for the pay scale of the deputation post and no change in option already exercised is envisaged, the pay already drawn in deputation post
will be protected if the pay refixed is less. If the pay of an employee in his cadre post undergoes downward revision, the pay in the ex-cadre post is also liable to be refixed on the basis of revised pay and in accordance with the revised option or existing option, if the employee does not revise his option.

  

10.8      Deputation (Duty) Allowance

  

10.8.1      The deputation (duty) allowance shall be admissible at the following rates:

  

(a) 5% of the employee’s basic pay, subject to a maximum of Rs.500/- p.m. when the deputation is within the same station.

(b) 10% of the employee’s basic pay, subject to a maximum of Rs.1000/- p.m. in all other cases.

  

10.8.2      The deputation (duty) allowance as above shall be further restricted as under:

  

(i) Pay plus Deputation (Duty) Allowance does not exceed the maximum of scale of pay of ex-cadre post;

  

(ii) In the case where pay scales are dissimilar, then pay plus deputation (duty) allowance plus DA/ADA/IR etc. does not exceed the pay at the maximum of ex-cadre post plus DA & IR etc. thereon.

  

(iii) Pay plus deputation (duty) allowance as above shall at no time exceed Rs.22400/- p.m.

  

Note: The term “same station” for this purpose will be determined with reference to the station where the person was on duty before proceeding on deputation.

  

Note: When there is no change in the headquarters with reference to the last post held, the deputation should be treated as within the same station and when there is change in headquarters it would be treated as not in the same station. So far as places falling within the same urban agglomeration of the old headquarters are concerned, they would be treated as transfer within the same station.

  

10.8.3      Special rates of deputation (duty) allowance may be admissible under separate orders in any particular area on account of the condition of living there being particularly arduous or unattractive. Where special rate is more favourable than that under what is mentioned above, employees deputed to the area will be given the benefit of the special rate.

  

10.8.4      Whenever extension of the period of deputation for the fifth year or the second year in excess of the period prescribed in the Recruitment Rules is granted, it would be on the specific understanding that the officer would not be entitled to draw deputation (duty) allowance. The officers who opted to draw pay in the scale of the ex-cadre post shall, however, continue to draw pay in that scale during the extended tenure also.

  

10.8.5      If any employee with the permission of the competent authority proceeds on deputation / foreign service from one ex-cadre post to another ex-cadre post in the same or another organization without reverting to his parent cadre, and if the second ex-cadre post is at the same station as the first ex-cadre post, then the rate of deputation (duty) allowance would remain unchanged.

  

10.8.6      In case where a person on deputation/foreign service is transferred by the borrowing authority from one station to another without any change in the post
held by him, the rate of deputation (duty) allowance will remain the same as was decided at the time of initial posting and will not undergo any change.

  

10.9      Admissibility of other allowances and benefits while on deputation/foreign service

  

10.9.1      Any project allowance admissible in a project area in the borrowing organization may be drawn in addition to deputation (duty) allowance.

  

10.9.2      Any special pay (now Special Allowance) granted to an employee in the parent department under FR 9 (25) or a corresponding rule of parent
organization should not be allowed in addition to deputation (duty) allowance. However, the borrowing department may allow in addition to deputation (duty) allowance under special circumstances any special pay attached to the post held by the employee in his/her parent department, by suitably restricting the deputation (duty) allowance. This will require the specific and prior approval of
Department of Personnel & Training.

  

10.9.3      In case special pay is attached to the scale of pay of the ex-cadre post and the employee has opted to draw pay also in that scale, in addition to his pay in
that scale, he will also be entitled to draw such special pay. However, such special pay will not be admissible if he has opted to draw grade pay plus deputation allowance.

  

10.9.4      Personal pay, if any, drawn by an employee in his parent department will continue to be admissible on deputation/foreign service, if he opts to draw grade
pay plus deputation allowance. No deputation allowance on this personal pay will, however, be admissible.

  

10.9.5      Increments: The employee will draw increment in the parent grade or in the grade attached to the deputation post, as the case may be, depending on whether he has opted for his own grade pay plus deputation (duty) allowance or the time-scale of the deputation post. If he has opted for time scale of the deputation post, notional increment shall also continue to accrue to him in the
post held on regular basis in parent cadre/organization for the purpose of regulation of pay on reversion back to parent post at the end of tenure.

  

10.9.6      (a) Such allowance as are not admissible to regular employees of corresponding status in the borrowing organization, shall not be admissible to the officer on deputation/foreign service, even if they were admissible in the parent organization.

  

(b) Following allowances will be regulated with mutual consent of
the lending and borrowing organizations:
(i) HRA/CCA.
(ii) Joining Time and Joining Time pay.
(iii) Travelling Allowances and Transfer T.A.
(iv) Children Education Allowance.
(v) LTC.

  

(c) Following allowance/facilities will be regulated in accordance
with the rules as explained against each:

  

(i)   Dearness Allowance : The employee shall be entitled to dearness allowance at the rates prevailing in the borrowing organization or in the lending organization depending on whether he has opted to draw pay in the time-scale of the ex-cadre
post or his own grade plus deputation (duty) allowance.

  

(ii)   Medical Facilities : This will be regulated in accordance with the rules of the
borrowing organization.

  

(iii)   Leave : An officer on deputation/foreign service shall be regulated by the Leave Rules of the parent organization. If, however, an employee proceeds from vacation
department to non-vacation department, or vice versa, he shall be governed by Leave Rules of the borrowing organization. At the time of reversion from the deputation post to the parent cadre, the borrowing organization may allow him/her leave not exceeding two months. The employee should apply for further leave to his cadre controlling authority.

30 thoughts on “FR 22 – FIXATION OF PAY UNDER FUNDAMENTAL RULES”

  1. sir,
    i joined deptt of posts on 22.10.2007 with grade pay rs.4200/-. my technical resignation was accepted and i joined the deptt of revenue on 30.12.2009 with grade pay rs. 4600/-. my past services was counted in the deptt of revenue. i get reverted to deptt of posts on 28.04.2011 as my len was maintained. i would like to know:
    1. where my seniorty will be.
    2. where my pay will be fixed.
    3. whether my past services will be counted in my parental deptt(ie Deptt of posts)

  2. With due respect I would like to share my case with you. I have joined Central government job in CPWD on 29th April 2003 as Junior Engineer (Elect.) under the basic 5000-15-8000 subsiquently got permanent. To have better job prospect I had applied to Indian Oil Ltd. (Central PSU). No objection was obtained for the same. I resigned the CPWD on 30th July 2008 & joined IOCL on 06-08-2008 at the entry level basic of 12000/-. My total service in CPWD was 5 years & 3 month.

    As per the 6th pay revision my basic along with grade pay at the time of resignation was 16500/-. And i had joined IOCL at basic of 12000. Now my question is can I get my pay protection in PSU as I was getting higher basic.

    Also in PSU there was pay revision with effect from 1.1.2007. Here my basic was fixed after considering the 12000 basic. And no fitment benefit was given as I had joined after 1.1.2007. Now my question is will I get fitment as i was in service much earlier than 1.1.2007. There is no break in my service.

    Also let me know is there in procedure to transfer my GPF & gratuity from CPWD to PSU?

    I need your valuable guidence.

    Thanks & regards.

    Pravin Surpam
    Project Engineer, IOCL
    cell No. 8895429397

  3. Sir
    With due respect, I would like to submit the following for your consideration please. I am a Central Govt. employee of cordite factory under MOD since 06th Jan 2003. I had applied through proper channel to the higher post of Jr. Technical Officer (JTO), published by UPSC in Employment News. I got appointed to the above post of JTO in the grade pay of Rs. 4600/- (PB-2, 9300-34800) through UPSC on 19 Jun 2010 in same MOD ie in DGQA. My basic pay in the lower post was Rs. 12450/- in grade pay Rs. 4200/-. I had submitted technical Resigned w.e.f.28.02.2011. which was duly accepted by the competent authority and I have joined DGQA on 07/03/2011.In view of the above facts/my service conditions you are requested to please examine my case of pay fixation and give a necessary guideline/expert advise for my pay fixation and my eligibility for notional increment.
    Waiting for a humble reply

    thanking you
    yours faithfully
    R.MURUGESAN.

  4. sir,
    I have joined in ICAR technical service on 1. 10. 1990 ,at CTCRI BHUBANESWAR . on consequence to my selection as ARS scientist by ASRB New delhi I have joined as scientist in ICAR in pay band of 15600 – 39100 + RGP 6000. In previous technical post at the time of reliefs my pay was 21480 + GP 5400 in the pay band of 15600- 39100.I have applied for the ARS scientist post though proper channel andI also got age relaxation as for rule. kindly suggest regarding my pay protection and other past service benefits.

    thanking you,
    yours faithfully

    B. S. Satapathy
    CRRI CUTTUCK.

  5. Respected Sir,
    I am working as TGT in Delhi Administration in the pay band 9300-34800 + 4600 GP. Now I have been selected for a post in the same pay scale and same grade pay in central government, kindly guide me whether I will be albe to get my service be counted in the central govt. and whether I will be able to get pay protection there. Currently my basic pay is Rs. 19310/- while the initial pay is Rs. 17140/- in the same pay scale and same grade pay. I have applied through proper channel. Please Reply….

  6. Sir,
    I am a regular government servant from 18.04.1991 with details of my service shown below for clarification regarding eligibility of MACP.

    Sir,
    I am a regular government servant from 18.04.1991 with details of my service shown below for clarification regarding eligibility of MACP.

    1.Appointed as Steno-III (4000-100-6000), RHFW, GoI, Bhopal – 18.04.1991
    2.Promoted as Steno-II (5000-150-8000), RHFW, GoI, Hyderabad on regular basis – 28.03.2000
    3. Technical resigned as Steno-II (5000-150-8000), RHFW, GoI, Hyderabad 06.10.2000
    4.Joined as Steno-III (4000-100-6000),CLTRI, GoI, Chengalpattu – 09.10.2000
    5.Claimed salary as Steno-III (4000-100-6000) for 2 days (7.10.2000 & 8.10.2000 –Sat. & Sun.)At CLTRI, GoI, Chengalpattu.
    6.Got pay protection of Steno-II(5000-150-9000) in the lower pay scale of Steno-III (4000-100-6000) at Rs. 5800/- in CLTRI, GoI, Chengalpattu – 09.10.2000

    7.Got ACP-II (12 yrs.) in the scale (5000-150-8000) in CLTRI, GoI, Chengalpattu – 18.04.2003
    8.Fixation of pay under CCS (Revised Pay) Rules 2008 as per 6th Pay Commission Has been fixed by office in Pay Band -2, Grade Pay Rs. 4200 (9300-34800) – 01-01-2006

    When did my MACP of 20 years fall? Kindly clarify based on the above facts.

    Thanking you, Sir,
    Yours faithfully

    (V.Elangovan)
    Stenographer-III
    Present Grade pay-4200
    CLTRI, GoI, Chengalpattu

  7. Sir,
    Sub- Pay Fixation Reg.(pay protection)
    My earlier pay in previous dept as on 04.11.2009:-
    Basic– Rs 12800/- GP–Rs 4200/-
    Resigned w.e.f.13.11.2009 after tendering technical resignation which was duely accepted by the competent authority.
    Joined present deptt on 16.11.2009 on pay:–
    Basic-Rs 12540/-, GP–Rs-4600/-
    I need the rules/circular in this subject matter.
    Please not that both the departments are Central Govt. Deptt.
    What will be my new pay in the new Deptt. after pay protection.

  8. if an employee who has worked more than 10 years in a state govt department and later on selected in Central Govt at higher position, would he be able to get his previous pay protected in the selected govt department if he has got all full and final payments from his previous department (includes gratuity and other pensionery benefits).

    Should his pay be protected if he has got all the money in previously served tenure.

  9. Sub-Regarding pay fixation
    Resp. Sir/Madam
    -I was appointed in HIMACHAL PRADESH GOVERNMENT in the pay scale 7220-1160 on 28.12.1999.
    -My Basic Pay was on 01.01.2006 Rs.8650/-
    -My Basic Pay was on 01.12.2006(Date of annual increment)Rs.8925/-
    -My Basic Pay was on 01.12.2007(Date of annual increment)Rs.9200/-
    -I get ACP on dated 27.12.2007and get Pay Scale 7880-11660 and due to this my Basic Pay was Rs.9475/-
    -After that from 01.01.2006(due to new Pay commission)I get
    Scale 10300-34800+5000
    -Then on date 27.12.2007(due to ACP)I get Scale of 10300-34800+5400
    -On dated 06.04.2011 I OPTED a NEW POST in the PAY SCALE of 10300-34800+4400 in Same Govtt.
    I want to know that what will be the new pay stucture in my condition.
    Thanks

  10. Sir
    With due respect, I would like to submit the following for your consideration please. I am a Central Govt. employee in naval dcckyard under MOD since 29th Sep 1995 . I had applied through proper channel to the higher post of Jr. Scientific Officer (JSO), published by UPSC in Employment News. I got appointed to the above post of JSO in the grade pay of Rs. 4800/- (PB-2, 9300-34800) through UPSC on 15 Apr 2009 in same deptt. My basic pay in the lower post was Rs. 14300/- in grade pay Rs. 4200/-, which has already been crossed against direct entry pay of Rs. 13350/- in the grade pay Rs. 4800/- (PB-2, 9300-34800). I had submitted technical Resigned w.e.f.11.04.2009 which was duly accepted by the competent authority.In view of the above facts/my service conditions you are requested to please examine my case of pay fixation and give a necessary guideline/expert advise for my pay fixation and my eligibility for notional increament.
    Waiting for a humble reply

    thanking you
    yours faithfully
    s.p.pattanaik

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