No.13/02/2017-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 27th July, 2017
OFFICE MEMORANDUM
Subject: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016-regarding.
Prior to implementation of 6th CPC Report, the pay fixation on promotion
was governed by provisions of FR 22(I)(a)(1). In 6th CPC context, the
first part of FR 22(I)(a)(1) was replaced by Rule 13 of CCS (RP) Rules,
2008. Similarly, consequent upon implementation of CCS (RP) Rules, 2016
in 7th CPC context, the pay fixation on promotion is regulated by the
provisions of Rule 13 of CCS (RP) Rules, 2016. This rule regulates pay
fixation on promotion if the same is opted by the employee from the date
of promotion itself. The issue of relevancy of provisions of FR
22(I)(a)(1) as well as the methodology of fixation of pay on promotion
to post carrying duties and responsibilities of greater importance, of a
Government Servant in case he opts for pay fixation from the Date of
Next Increment (DNI) has been considered in this Department.
2. In this context, proviso under FR 22(I)(a)(1) inter-alia provides
that the Government Servant (other than those appointed on deputation
basis to ex-cadre post or on ad-hoc basis or on direct recruitment
basis) shall have the option, to be exercised within one month from the
date of promotion, to have the pay fixed under this rule from the date
of such promotion or to have the pay fixed from the date of accrual of
next increment in the scale of the pay in lower grade.
3. After due consideration in this matter, the President is pleased to decide as follows:
(i) 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.
(ii) 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:
(iii) 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:
(iv) 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.
4. It is further reiterated that 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.
5. In so far as their application to the employees belonging to the
Indian Audit and Accounts Department is concerned, these orders issue in
consultation with the Comptroller Auditor General of India.
(Pushpender Kumar)
Under Secretary to the Government of India
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