- SIR MK

Fixation of Pay

1.1 The fixation of pay is regulated by Central Civil Services (Revised Pay) Rules, 2016 which was published in the Gazette of India on 25/07/2016 (Please click the link to download the rule – and Government of India orders issued from time to time in this regard.

1.2 Fixation of pay of employee appointed by Direct Recruitment on or after 01/10/2016 : The Pay of employees appointed by Direct Recruitment on or after 01/01/2016 shall be fixed at the minimum pay or the first cell in the Pay Matrix level applicable to the post which such employees are appointed.

Illustration: If Shri Sheikh Irfan is appointed to a particular post under Government of India in the Pre-revised Pay Scale – 9300-34800 + 4600 (Pay Level – 7 as per 7^th CPC) by Direct Recruitment w.e.f. 17/02/2016, his initial pay will be fixed as Rs. 44,900 (the minimum pay or the first cell in the Pay Matrix level-7) – [Rule 8].

1.3 Increments in Pay Matrix: The increment shall be as specified in the vertical cells of the applicable Level of the Pay Matrix [ Rule – 9].

1.4 Date of next increment: In 7^th CPC, there are two dates for grant of annual increment is fixed – (1) 1^st Janyary & (ii) 1^st July of every year, instead of existing date of 1^st July provided that an employee shall be entitled to only one annual increment either on 1^st January or 1^st July depending on the date of his appointment to the post, promotion or grant of financial upgradation (MACP). The came can easily be understand as per following table:

S.No.	Date of appointment/Promotion/MACP	Date of annual increment
01	Between 2^nd January to 1^st July	1^st January
02	Between 2^nd July to 1^st January	1^st July
03	On 1^St January	1^st July on completion of 6 month for first increment.
04	On 1^st July	1^st January as above (3).
Rule: 10 (1) & (2)

Illustration: The annual increment applicable to Shri Sheikh Irfan mentioned at Para 1.2 shall be 1^st January 2017.

1.5 Fixation of pay on promotion/MACP on or after 01/01/2016: The fixation of pay in case of promotion/MACP from one Level to another in the revised pay structure shall be made in the manner – (a) One increment shall be granted in the same level (present post) and then placed in the next pay level equal to the figure or higher whichever is available. (b) In case of an employee who is receiving Non-Practice Allowance (NPA) his/her basic pay and NPA shall not exceed the average of basic pay of the revised scale applicable to the Apex Level and the Level of Cabinet Secretary [Rule 13].

Illustration in respect of (a) :

1	Level in the revised pay structure : Level 4	Pay Band	5200-20200
2	Basic pay in revised pay : 28,700	Grade Pay	1800	1900	2000	2400	2800
2	Basic pay in revised pay : 28,700	Level	1	2	3	4	5
3	Granted promotion/MACP in Level 5	1	18000	19900	21700	25500	29200
3	Granted promotion/MACP in Level 5	2	18500	20500	22400	26300	30100
4	Pay after giving one increment in level 4 : 29600	3	19100	21100	23100	27100	31000
5	Pay in the upgraded Level i.e. Level-5 – 30100 (either equal to or next higher to 29600 in Level 5)	4	19700	21700	23800	27900	31900
Rule – 13		5	20300	22400	24500	28700	32900
		6	20900	23100	25200	29600	33900
		7	21500	23800	26000	30500	34900

1.6 Exercise of option for fixation of pay on promotion/MACP: Whenever fixation of pay is to be executed for an employee who is granted promoted/MACP to next higher pay level, the employee is to exercise his/her option for fixation of pay in the manner – (a) Option of pay fixation w.e.f. the date of promotion or (b) Option of pay fixation w.e.f. his/her date of increment [DoP&T OM No. 13/02/2017-Estt.(Pay-I) dated 27 July 2017]. Click on the link below to view the aforesaid DoP&T OM dtd: 27/07/2017 – http://documents.doptcirculars.nic.in/D2/D02est/13_02_2017-Estt.Pay-I-27072017.pdf. To exercise the option, form of option (given below) to be filled by the employee and submitted for fixation.

FORM OF OPTION TO BE SUBMITTED FOR PAY FIXATION ON

PROMOTION/ MACP/ NFSG

I, …………………………………………………………………………………. (name) hereby opt that my pay on promotion as ……………………………………… (promoted post) / grant of MACP or NFSG to the Pay Level of L-……., with effect from ………………………………. (the date of assumption of charge in the promoted post or date of grant of MACP/ NFSG), may be fixed as under:

(a) My initial pay may be fixed straightway in the higher pay level on the date of promotion/ grant of MACP or NFSG on the basis of FR 22(I)(a)(1) without any further review on account of increment in the pay level of the lower post.

(b) My pay on the date of promotion/ MACP/ NFSG, may initially be fixed at the next higher cell in the pay level of promoted post or pay level granted under MACP/ NFSG, above my pay in the lower post/ pay level, which may be re-fixed on the date of accrual of next increment in the pay level of the lower grade on the basis of the provisions of FR 22(I)(a)(1) read with DoP&T OM No. 13/02/2017-Estt.(Pay-I) dated 27 July 2017.

The date of next increment in the scale of pay of the lower post is ………………..

(Please strike-off completely whichever is not applicable)

I also understand that the option exercised by me is final.

——————————————————————————————————————–

UNDERTAKING

I hereby undertake that in the event of my pay having been fixed in a manner contrary to the provisions contained in these Rules, as detected subsequently, any excess payment so made shall be refunded by me to the Government either by adjustment against future payments due to me or otherwise.

Accepted & countersigned by DDO / SAO/A-…

1.7 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/MACP if the same is opted by the employee from the date of promotion itself.

1.8 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 the lower grade.

Illustration: Shri Lalit Kumar Gupta is promoted from a post under Central Government carrying pay in Level – 6 w.e.f 13/02/2018 to a higher post carrying pay in Level – 7. His present basic in Level – 6 is Rs. 46,200 (Cel-10) . His present date of increment is 1^st July. How Shri Lalit Kumar Gupta should exercise of option for his pay fixation that may be more beneficial to him?

Option (a)

Date of Promotion: 13/02/2020.

Basic pay before promotion: Rs. 46,200 (Level – 6, Cell-10).

Basic pay after grant of one increment in Level – 6 w.e.f. = Rs. 47,600 (Cell-11).

New basic pay after grant of promotion/MACP in Level – 7 = Rs. 47,600 (Cell-3).

Date of next increment (DNI) : 1^st January 2019.

Option (b)

Date of Promotion: 13/02/2020.

Basic pay before promotion: Rs. 46,200 (Level – 6, Cell-10).

Basic pay on 1^st of July 2018 after grant of normal increment in Level – 6: Rs. 47,600 (Cell – 11).

Basic pay after grant of one increment for promotion/MACP in Level – 6 w.e.f. 01/07/2018 = Rs. 49,000 (Cell-12).

New basic pay after grant of promotion/MACP in Level – 7 = Rs. 49,000 (Cell-4).

Date of next increment (DNI) : 1^st January 2019.

In view of the above illustration, option (b) is beneficial for Shri Lalit Kumar Gupta.

1.9 Before exercising option for pay fixation, it is advised to go through above illustration and find out the financially better option.

2.1 Revision of pay from a date of subsequent to 1^st day of January 2016: Where a Government servant who continues to draw his pay in the existing pay structure (as per 6^th CPC) is brought over to the revised pay structure (as per 7^th CPC) from a date later than 1^st day of January, 2016, his pay in the revised pay structure shall be fixed in the matter prescribed in accordance with Rule 7(A)(i) – “the pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived will be located in the Level in the Pay Matrix and if such an identical figure corresponds to any cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such cell is available in the applicable Level, the pay shall be fixed at the immediate next higher cell in that applicable Level of Pay Matrix”.

2.2 Pay protection: There is no rule or general instructions for pay protection as such. This is found in various rules and instructions specific to the position covered in that rule or instruction. Position in respect of different situations is as are discussed in following paras.

2.3 Direct Recruitment: Pay protection in the case of Direct Recruits is covered under the provisions of FR 22-B. Hence, protection of pay in the case of a Direct Recruit is available only in a case where the individual held a lien to his old post on his confirmation in the old post. With the implementation of 6^th CPC, all posts are identified by Grade Pay. Hence, pay in the pay band would be protected in terms of FR 22-B, the officer will get only the Grade Pay of the post to which he is appointed as per FR 22-B.

2.4 Technical Resignation: the protection of pay may be given in terms of the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965. This protection is available in case the employee had been confirmed in the post and his application was forwarded through proper channel. In such cases the resignation is treated as a technical formality.

In terms of Department of Personnel and Training OM No. 13/24/92-Estt (Pay-I) dated the 22nd January, 1993, this protection was extended to those cases also, where the employee had applied for a post before joining the Government service. This is subject to the following conditions: (a) The government servant should at the time of joining intimate the details of such applications.

While submitting his resignation, the Government servant should specifically have mentioned that he is resigning to join another post under Government/Government organisation and request that his resignation be treated as a ‘technical resignation’. The authority should satisfy itself that if the Government servant had been in service, his application would have been forwarded.

3.1 Pay Fixation on deputation to other department: This is regulated as per terms and conditions laid down in the order/advertisement regarding appointment on deputation basis or Department of expenditure F.No. 1/1/2008-IC dtd: 26/03/2009 (Click here to view: https://doe.gov.in/sites/default/files/26-03-2009.pdf )

3.2 Pay Fixation in case of employee working in Public Sector Undertakings etc., recommended for appointment by the Commission by the method of recruitment by selection: As per DoP&T OM No. No. 121312009-Pay-I dtd: 30/03/2010 (Click here to view – http://documents.doptcirculars.nic.in/D2/D02est/12_3_2009-Pay-I.pdf ) , in case of candidates working in Public Sector Undertakings, their initial pay may be fixed by granting them the Grade Pay attached to the post. Further, their pay in the Pay Band may be fixed at a stage so that the pay in the Pay Band +Grade Pay and DA as admissible in the government, protects the pay +DA already being drawn by them in their parent ofganisations. The pay in the Pay Band fixed under this formulation will not be fixed at a stage lower than Entry Pay in the Revised Pay Structure (corresponding to the Grade Pay applicable to the post) for direct recruits on or after 1.1.2006 as notified vide Section 11, Part A of First Schedule to CCS(RP) Rules, 2008. The pay in the Pay Band fixed under this formulation will not exceed Rs. 67000, the maximum of the Pay.

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