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What says FR22(I)(a)(1) Rule in 6th CPC?

FR 22 (I) Clause (a) (1) : What says FR22(I)(a)(1) Rule..?

FR 22 (I) Clause (a) (1) deal with fixation of pay of a Government employee 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.

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.

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.

7th CPC Increment Date Option on Promotion or MACP

What says Rule 13 of CCS (RP) Rules?

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 a 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 fulfillment 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 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.

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(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.(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.

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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.

sd/-
(Pushpender Kumar)
Under Secretary to the Government of India

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Authority: www.dopt.gov.in